What rights do you have as an airline passenger under the Trump administration?
Airline passenger rights have been on the radar since last week. First, there is news that airlines are lobbying for the Trump administration to remove extensive consumer protection regulations. The administration then said it would repeal a Biden-era rule that requires airlines to compensate customers for delays and cancellations.
In all headlines, parsing what is still valid and the differences can be confusing. The good news is that there isn’t much change in the end – at least so far. The bad news is a lot of uncertainty.
Now, here’s what you need to know.
Which air travel protections are still in effect?
Almost all major rules or policies that have entered into force in the past still apply.
Refund rules still exist
If your flight is cancelled or delayed significantly and you decide not to accept it, you are still entitled to a refund. If you do take a plane or accept a new flight after cancellation, you are not entitled to a refund.
However, if you are entitled to a refund, the rules implemented by former Transport Minister Pete Buttigieg came into effect last October and these refunds must be automatically issued on your original payment method. This means that airlines offer not only vouchers or flight credits instead of cash refunds.
These refunds must also include add-ons you pay for, such as check bags or seat allocations. Refund rules apply to cancelled flights, as well as domestic or international flights with delays of at least three hours (unless you decide to continue delaying flights or accept changes to other flights). It is worth noting that the rule only applies to the unused part of the trip, so if you decide not to fly on the round trip leg, the refund only applies to that return part.
These refund rules apply to flight interruptions caused by airlines, such as maintenance issues, and escape interruptions outside airline control, such as bad weather.
Remember that refunds apply to the money you pay for your flight. It does not cover new fees caused by delays or cancellations, such as overnight hotels after cancellation of flights.
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The 24-hour refund policy still applies
You are still entitled to a refund within 24 hours of purchase of the ticket, as long as you can purchase the ticket according to Ministry of Transport’s policies at least one week in advance. If you book tickets indirectly, such as booking tickets through an online travel agency such as Expedia or the credit card booking portal, this policy does not necessarily apply, although most of these services will still offer a 24-hour cancellation option. Also, remember that some ticket and fare courses include longer cancellation times, so be sure to pay attention to what you are buying.
Tarmac delayed tea snacks
Finally, the airline is required to provide food and water during the tarmac delay within two hours. On domestic flights, airlines must offer the option to get off the plane after three hours; for international flights, it is four hours. Remember, though, that if it violates these rules, you won’t get anything from the airline – instead, the airline will face a DOT fine.
The dot dashboard is complete, still
It is worth noting that DOT’s Air Travel Consumer Rights dashboard remains intact. When the aircraft is cancelled or a large amount of delays, the dashboard articulates airline policies such as dining, hotel and ground transportation costs and the airline is deemed to be responsible.
The dashboard also ranks airlines based on its home seat policy.
What air travel protection measures are disappearing?
In December, in the final weeks of the Biden administration, Buttigieg released a proposal for a new passenger compensation rule that requires airlines to provide cash compensation to passengers in case of cancellations or major delays.
According to the notices made in the proposed rule, when a flight is delayed for three hours or more, the airline will be required to compensate the passengers at least, especially in the event of delays within the airline’s control. For longer delays and cancellations, the compensation amount will be higher, and the point added that it can formally compensate the airline’s policies to repay passengers’ expenses to obtain the costs caused by delays such as food, hotels and taxis. (At present, many of the commitments offered by airlines are voluntary.)
Not surprisingly, airlines object to the measure. Airline’s lobbying group, American Airlines, told TPG that when the notice was first released, the rule “pushed fares to higher prices, lower access by price-sensitive travelers and negatively impacted operators’ operations.”
This rule will make the United States compliant with the EU261 policy. But this won’t be a reality.
According to public documents, the Trump administration said last week that it would revoke the proposal.
In a statement provided to TPG last week, DOT said it would “faithfully implement” all consumer protection policies set by Congress, including the codified automatic refund rules.
“However, some of the rules proposed or adopted by the previous administration exceed the rules required by Congress regulations and we intend to reconsider these diplomatic requirements,” a DOT spokesman said Friday.
What protection measures are still “in the air”?
In May, American Airlines sent a 93-page request to DOT seeking to withdraw widespread consumer protection measures, with many arguing that previous governments had wasted money, either by executing actions or by executing actions.
The request was opened in response to President Donald Trump’s executive order, which promoted deregulation through the Ministry of Efficiency, but resurfaced last week. American Airlines represents Alaska Airlines, American Airlines, Delta Airlines, JetBlue, Southwest Airlines, United Airlines, Hawaiian Airlines and cargo airlines Atlas Air, FedEx and UPS.
In the document, the lobbying team requested the withdrawal of the automatic refund rule during cancellations and significant delays. It also attempts to kill a pricing transparency rule that allows passengers to see the full “full effort” price of tickets and terminates various rules for handling guest wheelchairs and airport signage.
American Airlines also asked the point to eliminate its consumer rights dashboard and to stop tracking and publishing data in its monthly air travel consumer reports. It describes these as “reporting burden” and can eliminate “adverse effects on any potential benefit.”
When compiling our Airline of the Year report, TPG uses ATCR as one of its main data sources, which analyzes airlines’ on-time performance and luggage handling events, as well as various aspects of costs, amenities and air travel.
It is not clear which of the following requests will be approved, if any. However, the impact on air travelers can be far-reaching.
American Airlines declined to comment when TPG reached out about the story.
Our opinion
The Trump administration is transparent about its deregulation agenda, and it is clear that airlines see opportunities to take advantage of this – for color consumers.
“The Department of Transportation reviews unnecessary and heavy regulations that go beyond its powers and do not address issues that are important to our customers,” American Airlines told TPG on Friday. The group added that it looks forward to working with the Trump administration to implement its “deregulation agenda.”
It is also worth noting that American Airlines’ cynicism is the claim that the US compensation rules will increase air tickets. In Europe where EU261 is in place, air tickets are usually in line with US fares, and even low-cost airlines, a way they never really have in the US
Overall, the revocation of compensation rules underlines the importance of having some emergency cash available for unexpected bumps while traveling, and the value of booking a trip with a credit card with built-in travel insurance protection. When you get stuck, these automatic protections can cover unexpected hotel nights or rides (among others).
It is worth noting that even if your travel interruption is due to bad weather, few airlines offer any type of compensation, these protections can apply.
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