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Litigation

Where can I find information about the duties that the airline owes to me as a passenger?

Where can I find information about the duties that the airline owes to me as a passenger?

Small commuter carriers often print all of their contract terms on or with the ticket. Most large airlines, however, don't provide all terms with the ticket. Instead, the ticket notifies you that important terms are contained in a separate document called the "contract of carriage". An airline must make the contract of carriage available at all of its airport and city ticket offices and must mail a free copy to you if you request it. Nowadays, many airlines post the contract of carriage on the Internet as well.

Does the airline have to compensate me if it bumps me off a flight because of overbooking?

If a flight is overbooked, the airline is required to ask passengers to volunteer to take a later flight. Normally, the airline will offer some kind of incentive such as a free domestic or international round-trip ticket. If an insufficient number of passengers volunteer to be bumped from a flight, the airline must begin involuntary bumping. Generally, passengers with the most recent reservations or those who checked in the latest are the first to be bumped.

If you are bumped, you are entitled to compensation if you have a confirmed reservation (your ticket has an "ok" or something similar in the status column), the scheduled plane has a seating capacity of more than 60 passengers and it is not a charter flight. Even if you meet these requirements, the airline might refuse to compensate you if any of the following is true:

  • you did not comply with the airline's ticketing, check-in and reconfirmation requirements

  • you are not acceptable for transportation under the airline's usual rules and practices (for example, you are drunk)

  • the entire flight was canceled

  • a smaller aircraft was substituted for safety or operational reasons

  • you refuse an offer to take a seat in a different section (class) of the aircraft at no extra charge, or

  • the airline offers to place you on another flight or flights scheduled to reach your final destination within one hour of the scheduled arrival of the original flight.

Am I entitled to compensation if my flight is delayed, diverted or canceled?

A flight is considered on time if it arrives at its destination within 15 minutes of the scheduled arrival time. Generally, a 15-minute delay will not affect your schedule very much. Longer delays can have serious consequences, particularly if you cannot make a connecting flight.

If your trip is delayed because of overbooking, the rules discussed in the previous answer apply. If the delay is caused by any other reason, your rights depend on whether it's a domestic or international flight.

  • Domestic flights. For the most part, federal law does not require airlines to compensate passengers whose flights are delayed or canceled. So, any compensation you'll get will depend on the airline's policy. Full-service airlines are likely to offer more generous terms, such as meals, hotels, alternate transportation or even emergency toiletries in the event of an overnight delay, while budget or no-frills airlines may offer little, if any, compensation.

  • International Flights. Recovering damages for an international flight delay is very difficult if the delay was caused by anything other than the airline's overbooking. Under an international treaty called the Warsaw Convention, an airline can escape liability for damages caused by flight delay if it can show that it took all necessary measures to avoid the damage or that it was impossible to take such measures. If your international flight is delayed, you may be able to persuade the airline that it should cover direct costs caused by the delay, such as meal, hotel or telephone expenses. To back up your argument, you can quote Article 19 of the Warsaw Convention which states: "The Carrier shall be liable for damages occasioned by delay in the transportation by air of passengers, baggage or goods."

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Kundra & Associates, with its primary office located in Rockville, Maryland, advises and defends individual and business clients in tax controversies and tax litigation with the IRS and state and local tax authorities. The firm represents American citizens living abroad, as well as local and national clients in Maryland, Virginia, and Washington, DC, in communities such as Bethesda, Frederick, Baltimore, Ellicott City, Annapolis, Gaithersburg, Upper Marlboro, Potomac, Germantown, Montgomery Village, Columbia, Silver Spring, Catonsville, Elkridge, Glen Burnie, Pikesville, Towsen, Cockeysville, Westminster, Taneytown, Thurmont, Myersville, Hagerstown, Arlington, McLean, Alexandria, Annandale, Springfield, Fairfax, Reston, and other communities in Montgomery County, Howard County, Baltimore County, Anne Arundel County, and Prince George’s County.The firm also represents clients internationally in countries such as the United Kingdom, France, India, Canada, Africa, Cyprus, Lebanon, Belgium, Italy, Israel, Mexico, Ghana, Nigeria, Venuzuela, Columbia, Zimbabwe, South Africa, China, Pakistan, Afganistan, Indonesia, Bahamas and the Caymen Islands.

Kundra & Associates Tax Attorneys
110 North Washington Street
Suite 406
Rockville, MD 20850
Phone: (301) 424-7585
Fax: (301) 424-7047