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Airlines and Air Travel

Air travel is one of the most utilized methods of transportation, and its popularity is growing as more people are required to travel for business. It is important that consumers, whether using airlines for business or personal travel, are aware of how to minimize extra travel expenses while maximizing their safety and the quality of their air travel experiences. Many airlines are adding fees for consumers in flight for previously free comforts such as blankets, pillows, and beverages. Check with the airline prior to the flight with regard to what is included with the ticket price. There are many important details to keep in mind when planning air travel.

Click on the link below to find more information about this topic.

 Frequent Flyers

Frequent flyer programs have become widely popular. Most major airlines have a program allowing travelers to earn free tickets and other benefits as repeat customers. Many smaller carriers have their own programs as well as tie-ins with larger carriers. The essential element of a frequent flyer program is a point system based on the number of rides flown with the sponsoring carrier or with other airlines associated with the sponsor’s program. The rewards (free tickets and/or upgrades that convert coach tickets to first or business class) are associated with point totals. A more recent development is the combination of frequent flyer programs with promotions in other industries such as credit cards or other accommodation industries. It is now possible to build up frequent flyer points by purchasing items other than airline tickets, and in some cases to exchange points for other goods and services. When participating in frequent flyer programs, consumers should always be aware of the terms and conditions of the program, and if and when the points may expire.

 Security Tips for Air Travelers

Checking in

Consumers should arrive early to the airport as heightened airport security has increased the time needed to check in. Arriving at the airport two (2) hours before a flight’s scheduled departure is advisable, however, passengers may want to consult with their airline for more specific arrival times. Consumers should build in even more time at the airport if traveling with young children, infants, or persons with disabilities.

Checked baggage is subject to weight, size, and quantity limits. On domestic and international flights, currently there is a limit of two (2) checked bags per passenger. Depending on the airline, consumers may be charged for one or both of their checked bags, and there is often a fee if a consumer wishes to check more than two (2) bags.

Consumers should be sure to clearly label their luggage with their name, address, and phone number. Without proper labeling, it is difficult to locate lost baggage. It is best if consumers put their name and contact information inside their bags as well, in case the label falls off. At check in, consumers should be sure to remove all straps, hooks, and other objects on luggage that may get caught in the baggage handling machinery.

In preparation for a domestic flight, adult passengers must bring a government-issued photo ID, such as a driver’s license, non-driver’s license ID card, or draft card if the passenger appears old enough to have an ID. If a government-issued photo ID is not available, bring two (2) pieces of ID, one (1) of which must be from a governmental authority such as a Social Security card or birth certificate. The United States Department of State is an excellent resource for learning what may be required when traveling internationally. Consumers should visit travel.state.gov/passport/passport_1738.html for more information.

International travelers are responsible for knowing whether a visa or passport is needed for a certain destination. Visa and passport rules vary from country to country and passengers should call or write to the specific embassies in Washington, D.C. or their consulates in major U.S. cities.

Travelers should be prepared to answer questions about their luggage. When asked who packed the bags and if they might have been left unattended, think carefully and answer the questions honestly. Criminals may use unsuspecting passengers and their luggage to carry dangerous or illegal items onto aircrafts.

Consumers should not leave cars unattended in front of the airline terminal. Security measures dictate that unattended cars will be towed.

Passengers should check with the specific airline that they are traveling with for specific policies.

Screener Checkpoints

 Baggage and Packing

When preparing for a trip, consumers should remember to pack smartly and safely. Many items cannot be brought on the person or in carry-on luggage. A complete and current list of these items can be found on the Transportation Security Administration’s website. If a consumer is in doubt, he or she should not pack it.

Travelers should watch bags and personal belongings at all times. They should not accept packages from strangers. Passengers should immediately report unattended bags or packages in the airport terminal or parking area to a security officer or other authority.

The best way for consumers to be absolutely sure that valuables are not lost or damaged while flying is to keep them on hand. Even if baggage is not lost, it could be delayed for as long as a few days.

 Carry-on Luggage

It is recommended that the following items be packed into a carry-on bag:

Consumers should not pack perishables or food items because they may spoil if there is a delay. Water/soda bottles are not allowed in the secure area.

 Damage and Loss

If a bag arrives open, unlocked, or visibly damaged, consumers should immediately check to see if any of the contents are missing or damaged. If so, travelers should report the damage to the airline right away and insist on filling out a claim form. If luggage arrives damaged, the airline will pay for the repairs in most cases. If the luggage cannot be repaired, the airline will attempt to negotiate a settlement.

Airlines often decline to pay for damage caused by the fragile nature of the broken item or because of inadequate packing. However, airlines generally do not disclaim liability for fragile merchandise packed in its original factory sealed carton, a cardboard mailing tube, or other containers designated for shipping and packed with protective padding material. If a consumer’s bags are delayed, lost, or damaged on a domestic trip, the airline can invoke a ceiling of $1,250 per passenger on the amount of money it will pay. If luggage or an item that was checked is worth more than the monetary cap imposed by the airline, it is suggested that the passenger purchase “excess valuation” from the airline. This is not insurance, but it will increase the carrier’s potential liability. This will guarantee replacement if damage does occur. The airline may refuse to sell excess valuation on some items that are especially valuable or breakable, such as antiques, musical instruments, jewelry, manuscripts, negotiable securities, and cash.

On international trips, the liability limit is set by the Warsaw Convention. Unless the consumer buys the excess valuation, the liability limit is $9.07 per pound ($20 per kilo). In order to limit its liability to this amount, the airline must use one (1) of the following procedures:

If baggage is lost, a form should be filled out to secure repayment for the loss. There are often deadlines associated with filing a lost baggage claim, so it is important to adhere to all of the instructions on the form. Airlines do not automatically reimburse passengers for the claims they file. They will use the information provided to estimate actual losses, account for depreciation, and make an offer of settlement. Often, an airline will require receipts for the items claimed as lost. Generally, it takes between six (6) weeks and three (3) months for an airline to pay a claim for lost luggage. When it tenders a settlement, it may offer either cash or a higher amount in free flight credits. In most cases, if baggage has not been properly routed, the airlines will reunite the baggage with the owners within hours. The airlines may also reimburse the consumer a “reasonable amount” for the inconvenience.

 Airfares

Because of the competitive nature of the air travel market, consumers often have an opportunity to choose from a wide variety of airfares. The differences in airfares can be substantial. While careful comparison shopping among the various airlines does take time, it can lead to significant savings.

For fare information, consumers can contact a travel agent, a ticket outlet, or the airline directly. Consumers may also wish to explore online services offering discounted fares and travel packages. When purchasing tickets over the Internet, encryption and security precautions should be used.

Tips for Choosing Among Airfares

Consumers should be flexible with travel plans in order to get the lowest fare available. Significant savings are sometimes available by flying on certain days, times, or even by taking a different flight on the same day. Consumers should be aware that discount rated fares are often non-refundable.

Consumers should make travel plans as far ahead of schedule as possible. Many discount rates are limited to a certain number of seats per plane. Once a ticket is purchased, consumers should call the airline a few times before departure and compare their fare to any other special offer. New offers are available every day and many airlines, upon inquiry, will refund the difference between a reserved price and a new special offer. Also, consumers should be aware of the different fees and surcharges that are assessed throughout the purchasing process to ensure they are being charged fairly.

Airlines offering interstate and/or foreign flights are required to include a conspicuous written notice, either on the ticket or on another separate written document, that the full text of any contract terms incorporated by reference on the ticket may be inspected at the carrier’s airport or local ticket office. These terms may include:

An airline must, upon request, provide the full text of its contract to consumers free of charge. Where an airline fails to do so, it may not deny a claim made by a passenger concerning a term purportedly incorporated by reference. Questions and complaints regarding this rule should be directed to the U.S. Department of Transportation, (See Appendix for contact information).

Reservations and Tickets

When making a reservation, consumers should be sure the agent records their personal information accurately. Review all of the essential information -- name, the flight numbers, and travel dates and times -- with the agent before hanging up or leaving. When purchasing tickets more than one (1) week in advance of traveling, consumers should give the airline their home and work telephone numbers so that the airline can advise them of any changes in the flight schedule.

If flying during a busy travel period, consumers should call for reservations well ahead of time. Holiday flights often sell out months before the actual date of travel. Travelers should avoid using stand-by or open return tickets during these periods as well. When travel is extremely time sensitive, the larger airlines can provide information about how often certain flights arrive on-time and how often the flights are delayed. This enables travelers to choose among the most punctual flights being offered.

When a reservation agent advises consumers to purchase their tickets by a specific time or date, this is a deadline that must be met. If the deadline is not met, the airline is entitled to cancel the reservation without notice.

It is suggested that travelers reconfirm their reservations before they start their trip because flight schedules are subject to change. For international flights, most airlines require that passengers reconfirm their reservations at least seventy-two (72) hours before each continuing or return flight. In some of these cases, failure to do so entitles the airline to cancel the reservation.

Whenever possible, consumers should purchase their airline tickets through the use of a credit card. Payment by a credit card provides certain protections under federal credit laws.1 Using a credit card provides a substantial record of purchases, along with the right to dispute a charge. Additionally, having a credit card is useful when traveling in case of emergencies. When a refund is due, the airline must credit consumers’ accounts within seven (7) business days of receiving a completed refund application. Having used a credit card to pay for the fare, a consumer experiencing trouble obtaining a refund should notify the credit card company in writing within sixty (60) days from the time that the credit card company mailed the first monthly statement reflecting the charge. The credit card company should credit the account even if the airline has not. Airline tickets are quite difficult to replace once lost or stolen. Every safeguard should be taken so that this does not occur. Passengers should write down the ticket numbers as soon as they are received, in case they are misplaced or stolen. This may enable the airline to quickly replace a lost ticket. However, if the airline is unable to replace the ticket right away, the passenger may have to purchase a replacement ticket and process a refund application for the lost ticket. If the consumer has lost, misplaced, or forgotten an E-ticket, consumers can generally use the kiosks provided to reprint a ticket.

 E-Tickets

Electronic airline tickets, commonly known as “E-Tickets,” are becoming more widely used over the alternative, standard paper tickets. To redeem their seat, the consumer is given a confirmation number and can ask for a written receipt for presentation with his or her credit card and appropriate photo ID at the airport.

Electronic ticketing is not, however, completely “paperless.” Most passengers still want or need a hard copy “Passenger Receipt,” and most airlines still need to issue a paper boarding pass. The boarding pass and receipt are generally printed off after the passenger has shown proof of identification, (license is most common form) in confirming they are the owner of the ticket previously purchased online.

When purchasing an E-Ticket over the telephone, note the name of the ticketing agent, as well as the date and time the electronic ticket was purchased in addition to the reservation confirmation number. Then ask the agent to fax, mail, or e-mail an itinerary indicating that the electronic ticket has been purchased, and a copy of all associated terms and conditions of use. Many people order their tickets via the phone only to arrive at the airport and are directed to use a kiosk that prints out their “E-ticket.”

  Delayed and Canceled Flights

When making travel plans, passengers should always consider the possibility of a flight delay or cancellation. Making reservations on a second or “back-up” flight should not be done without first finding out whether there is a cancellation fee or a higher fare for altering reservations. If a flight is available on another airline, consumers should ask the delayed airline to endorse the ticket to the second airline, thereby avoiding a fare increase. Although there is no rule requiring airlines to do this, they often do so in the interest of good public relations.

If a scheduled flight is cancelled, the airline will rebook passengers on its next available flight to the intended destination at no additional charge. If the rebooking process for another flight involves a significant delay, a passenger may opt to cancel and get a refund, or may ask to have his or her ticket endorsed and find space on another airline.

Each airline has its own policy on compensating passengers who are stranded as a result of a delayed flight. In situations where the delay is short or where the airline is charging a very low fare for the flight, it is not likely that the airline will offer any compensation. Amenities are also likely to be refused where the delay is caused by bad weather or other factors beyond the airline’s control. However, in situations where the airline has caused a significant delay, passengers may often request and receive a phone call, cab fare, meal vouchers, and/or hotel accommodations. Travelers should keep track of out-of-pocket expenses and receipts where amenities are denied. An airline’s consumer affairs office may be willing to provide a reimbursement at a later date.

Airlines generally refuse to pay passengers for financial losses resulting from a delayed flight.

  Overbooking

   14 C.F.R.   250.1 et seq.

Overbooking is a common practice used by airlines to make up for a certain number of "no-shows" on each flight. When overbooking results in a seating shortage, passengers are sometimes left behind, or “bumped.” Airlines must follow federal regulations where this occurs on flights having a capacity of more than sixty (60) passengers.2 Passengers may voluntarily be bumped and in cases where an insufficient number of passengers volunteer, they may be bumped involuntarily.

Voluntary Bumping

When a flight is overbooked, the airline is required to seek out passengers who are not in a hurry and are willing to volunteer their seats in return for compensation. Passengers volunteering to be bumped will be moved to an equivalent seat on a later flight at no additional charge and will receive compensation from the airline for the inconvenience. There are no regulations governing how much, if anything, a passenger should be compensated for being voluntarily bumped and policies vary among airlines. Therefore, passengers who volunteer should negotiate with the airline to receive as much compensation as possible. Before volunteering, a passenger should ask these questions:

The selection of volunteers is left to the airline and in many cases, they will select those volunteers who are willing to sell back their reservations for the lowest price.

Involuntary Bumping

Federal regulations require airlines offering flights with a passenger capacity of more than sixty (60) persons to establish boarding priorities for situations where an insufficient number of volunteers offer to take another flight. In addition, airlines are required to give all involuntarily bumped passengers a written statement describing their rights, including the terms, conditions, and limitations on compensation. Included in this statement must be the airline’s boarding priority rules and criteria.

With certain exceptions, travelers who are involuntarily bumped are entitled to “denied boarding” compensation. The amount of denied boarding compensation paid to an involuntarily bumped passenger depends on the price paid for their ticket and the length of the delay.

General Rules for Denied Boarding Compensation

General Rules for Denied Boarding Compensation To be eligible for compensation, passengers must have a confirmed reservation. Where an airline cannot find a reservation, the presence of an “OK” status on a ticket will suffice, provided that the ticket holder has not missed a required reconfirmation deadline. All deadlines for purchasing tickets must be met. Most tickets need to be picked up and paid for no later than thirty (30) minutes before a flight departs. Discount priced tickets must be purchased within a certain number of days after a reservation is made. In general, all other deadlines set by the specific airline for checking in must also be met. Most airlines set an amount of time within which passengers must present themselves to the airline before a scheduled departure. For most domestic flights, passengers are required to check in at least ten (10) to fifteen (15) minutes before the time of departure. Check-in deadlines for international flights can be as much as three (3) hours. 3

Compensation Amounts

Length of Delay
(domestic flights)		Length of Delay
(international flights)		Compensation (USD)
Substitute transportation arriving less than one (1) hour later. Substitute transportation arriving less than one (1) hour later. $0
Substitute transportation arriving between one (1) and two (2) hours later. Substitute transportation arriving between one (1) and four (4) hours later. An amount equal to the one-way fare to the final destination, ($400 maximum).
Substitute transportation arriving greater than two (2) hours later or there is no transportation provided for the passenger. Substitute transportation arriving greater than four (4) hours later or there is no transportation provided for the passenger. Compensation doubles (200% of paid fare, $800 maximum).

Exceptions

In cases where an airline has to substitute a smaller plane for the originally scheduled plane, the airline is not required to compensate passengers who are bumped as a result. These rules do not apply to flights on planes with a capacity of sixty (60) or fewer passengers or to charter flights. Consumers should check with the charter airline to obtain their policies. The rules do not apply to international flights inbound to the United States, although some airlines on these routes may follow them voluntarily. Passengers who have been involuntarily bumped can still keep their original ticket and use it on another flight. If passengers make different arrangements, a request can be made for an involuntary refund to recoup the price of the ticket for the bumped flight. Denied boarding compensation should be given in the form of a check to the passenger on the day and location the bumping occurred. If the alternative transportation provided by the airline departs before this can be done, the payment must be sent to the passenger within twenty-four (24) hours. The complete rules for the payment of compensation and boarding priorities for each airline are available at all ticket counters and boarding locations. Also, a notice concerning the overbooking of flights must be clearly posted at each ticket station.

 Travel Agents and Agreements

  N.Y. General Business Law    155-159a

Consumers choosing to make their travel arrangements through a New York based travel agent or consultant are afforded several statutory protections from fraud and misrepresentation under the Truth in Travel Act.4

Prohibited Practices Prohibited Practises

When selling tickets, travel agents are prohibited from engaging in the following activities:

When offering tour packages, time shares, or related services, travel agents are prohibited from engaging in the following activities:

Providers of travel related services are required to obtain a consumer’s consent before contacting a credit card issuer to reserve or set aside any amount of credit to ensure payment for services. Once the actual charges a consumer will incur have been determined, travel service providers are required to promptly request the release of any amount reserved which exceeds the charges by more than twenty-five dollars ($25.00). Complaints involving this provision should be directed to the Office of the New York State Attorney General. (See Appendix).

Travel Agreements Travel Agreements

Upon agreeing to purchase a membership in a travel club or to enter into any travel services contract which creates an all inclusive trip, or other agreement in regards to transportation, lodging, an interest or investment in a time share plan, travel investment, or other travel related service, the travel promoter must provide the consumer with a written disclosure of all limitations on and terms of the agreement within five (5) business days of the agreement.

Once a consumer has received a full written disclosure, he or she may cancel the agreement within three (3) business days of receipt of the written disclosure. There is no prescribed form of cancellation, in that the consumer need only indicate an intention not to be bound by the agreement. The consumer may cancel the agreement anfy time before receipt of the disclosure as well.

The travel promoter must refund all payments made by the consumer within ten (10) days after notice of cancellation is given and remains liable for all payments made until a refund is given.

  Loss or Damage to Luggage During A Tour

If luggage gets lost during a tour, there may be a dispute over who is liable. The airlines processes claims for bags that were lost or damaged while in their possession as discussed earlier in this chapter. If it is not clear where the problem occurred (e.g., between the airport and a hotel), the operator and the airline may both decline liability. Thus, consumers should find out if their renter's or homeowner's insurance policy covers losses that happen when away from home. Also ask a travel agent if there's a one-shot baggage insurance policy available to cover baggage problems while on a chartered trip.

 Complaints

A travel consultant or travel promoter who violates the provisions listed above can be found guilty of a misdemeanor. Violations of these provisions should be reported to the District Attorney of the county in which the travel agency is located or to the regional office of the New York State Attorney General.

The American Society of Travel Agents, Inc. (ASTA) is the world's largest association of travel agencies, travel suppliers, airlines, hotels, car rental firms, cruise lines, and tour operators. ASTA provides consumers with an alternative means to recover for inadequate service, fraud, and misrepresentation. Consumers may file a complaint against an ASTA member with ASTA's Consumer Affairs Department provided:

Once the above criteria has been met, a consumer may send two (2) copies of the typed summary of the complaint including documents which support the claim, and the complete addresses of all involved parties to:

ASTA
Consumer Affairs Department
1101 King Street, Suite 200
Alexandria, VA 22314

Please note that ASTA's Consumer Affairs Department provides informal mediation for travel-related disputes only. The Department cannot act as a judge, impose penalties, assess fines, or force a company to issue refunds.

 Charter Flights

  N.Y. General Business Law    155-159(a)

"Public Charters" can be purchased from a tour operator, a travel agent, or sometimes directly from the airline. Consumer protection provisions apply, unlike with private charters. The operator or travel agent should give consumers a contract to sign at the time of purchase for the trip. Charter rates are relatively low, but might not be the cheapest fare to certain destinations. The U.S. Department of Transportation requires tour operators to disclose certain information in the contract about the restrictions that they impose and the rights consumers have under their rules.5

There is usually a penalty fee for canceling a eservation on a charter flight. However, consumers can buy trip cancellation insurance. These policies usually provide a refund in case passengers cancel due to illness or death in the family.

The tour operator or airline can cancel a Public Charter for any reason up until ten (10) days before departure. A flight might be cancelled if it does not sell well or for some other reason. This is the risk in return for a low fare. (During the last ten (10) days before departure, a Public Charter can be cancelled only if it is physically impossible to operate it.) All charter flights and ground arrangements are subject to change. However, if there is a "major change" in a flight or tour, consumers have the right to cancel and get a penalty-free refund. Major changes include:

If a tour operator notifies travelers of a major change before departure, a full refund is awarded when the passenger cancels. If passengers choose not to cancel, the operator is not required to make partial refunds. However, if travelers do not find out about a change until after the trip has begun, the changed flight or hotel can be rejected; the consumer can make and pay for alternative plans, and insist on a refund for the changed component.

Charters and scheduled flights operate independently of each other. If there's a delay on the scheduled flight connecting to the city where the charter departs, the ensuing delay could cause a flight to be missed and money lost. Travelers should always read the terms of the agreement carefully.

Baggage cannot be checked through from a scheduled flight to a charter, and vice-versa. It must be claimed and then rechecked for the charter. When planning a charter, allow plenty of time to check in at the airport from which the charter leaves, or from which there is a connecting flight.

 Travel Offers

"If it sounds too good to be true, it probably is”
Read the fine print on all travel offers, especially those offering free vacation packages!

Travel services usually have to be paid for before they are delivered, which creates opportunities for disreputable individuals or companies. Consumers who receive offers by phone or mail for a free or extremely low-priced vacation trip should be cautious. Consumers should instead ask for written information to be sent to them and any legitimate travel company will be happy to oblige. If the company does not have a brochure, consumers should not make immediate decisions before researching.

If a consumer is told he or she has been given a free vacation, they should ask if a purchase is required. Some packages have promoted free air fare, as long as the consumer pays for expensive hotel arrangements. Consumers should also obtain a confirmed departure date, in writing, before they pay anything and be skeptical of promises that an acceptable date will be arranged later. If the destination is a beach resort, consumers should check with both the seller and the hotel on the distance between the beach and the hotel.

Consumers who decide to go forward with the trip after checking out the details should use credit, since this option gives consumers legal rights to pursue a chargeback if the promised services are not delivered.

 Travel Service, Security, and Safety Complaints

For passenger complaints, airlines have discretion in how they respond to problems. Consumer demands for compensation will probably be subject to negotiation and the action or response taken depends in large part on the nature of the complaint. Consumers should start by complaining to the airline before calling or writing to the Department of Transportation or some other agency that may be able to help with an air travel problem. Often airline customer service representatives can arrange meals and hotel rooms for stranded passengers, write checks for denied boarding compensation, arrange luggage repairs and settle other routine claims or complaints. If the problem has still not been resolved, a consumer should then call or write the airline’s consumer office at the corporate headquarters. Travelers should make notes at the time the incident occurs and take the names of the employees involved. Additionally, consumers should keep all travel documents (ticket receipts, baggage, check stubs, boarding passes, etc.) as well as receipts for any out-of-pocket expenses that were incurred as a result of the mishandling.

The Department of Transportation’s Aviation Consumer Protection Division (ACPD) operates a complaint system for consumers who experience air travel service problems. Below is the contact information:

Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
400 7th Street, S.W.
Washington, D.C. 20590
Aviation Safety Hotline: 1-800-255-1111
Aviation Consumer Protection Division: 202-366-2220

If a complaint concerns a safety or security hazard, write to the Federal Aviation Administration (FAA):

Assistant Administrator for Safety System, ASY-100
Federal Aviation Administration
800 Independence Avenue, S.W.
Washington, D.C. 20591
Or 1-800-FAA-SURE

To address problems regarding security screening at airports, consumers can contact the Department of Homeland Security’s Traveler Redress Inquiry Program (DHS TRIP).

DHS Traveler Redress Inquiry Program (TRIP)
601 South 12th Street, TSA-901
Arlington, VA 22202-4220

Complaints can also be filed online at https://trip.dhs.gov/.

Local Consumer Assistance Local Consumer Assistance

Contact the New York State Consumer Protection Board toll free at 1-800-697-1220 or via the web at www.nysconsumer.gov.

If all else fails, small claims court may be the best way for consumers to solve issues. Small claims courts settle disputes involving relatively small amounts of money and are designed to reduce the red tape and expense generally associated with litigation. An airline can generally be sued in small claims court in any jurisdiction where it operates flights or conducts business.

  1. See chapter entitled “Credit and Credit Reporting.”↑
  2. 14 C.F.R.   250.1 et seq. (2008).↑
  3. Department of Transportation Aviation Consumer Protection Division, ↑
  4. N.Y. Gen. Bus. Law    155-159a (2008).↑
  5. 14 C.F.R.   255.1 (2008).↑
Last Modified: April 28, 2011