Passenger ‘Bill of Rights’ sounds great, but what is it?
Over the years, government has often focused on disclosure as an adequate remedy for unfair practice. I’m not a big fan of that premise: Telling us explicitly how they’re taking advantage of us doesn’t stop them from taking advantage of us. Lately, lots of folks are calling for more: an “air passenger Bill of Rights” with enforced consequences for noncompliance. That resonates with air travelers, who agree they need more specific rights than they currently enjoy, even if nobody is quite sure exactly what those new rights might be.
1. Rights we have now
Current DoT rules give the right to compensation for travelers involuntarily bumped from an overbooked flight. Rules also cover baggage damage/ loss, full-price airfare displays and time limits on tarmac delays. These rules are important consumer protections, and DoT has been active and successful in enforcing them. Obviously, they need to remain in place — and maybe augmented.
Beyond those, for the most part the only “rights” air passengers now have is what airline promise in their contracts. And those promises are woefully inadequate and one-sided.
2. Consensus additions
Just about every consumer advocate recognizes two new no-brainer rights:
A right for minor children to be preassigned seats adjacent to an accompanying adult without paying seat selection fees.
A right to full refunds for travelers who cancel flights because of government and other travel restrictions that prevent travel, even if they cancel before airlines cancel.
I’ve covered both of these issues extensively in prior columns.
3. Other candidates
Advocates for air travelers have proposed quite a few additional components of a desirable air travel Bill of Rights:
Delay compensation. A right to mandated cash compensation and specific assistance in substantial delays due to anything other than exceptional circumstances, as specifically defined. This is already a provision on the European Community’s EC 261 Bill of Rights. The European airlines have been battling with the bureaucrats about what’s included in “substantial” delays and “exceptional circumstances,” but so far, the EC rules are tight, and airlines can avoid paying compensation only when they are completely unable to perform due to force majeure events they could not have avoided or mitigated.
Airline transfers. The right for a passenger on a seriously delayed or canceled flight to be transferred to another airline without additional payment. In pre-deregulation days, all big lines’ tariffs contained this provision as “Rule 240,” but that’s long gone and needs to return.
Right of action. The right to take legal action against airlines in state and local courts. Federal preemption of all authority over airline matters effectively bars air travelers from access to practical legal redress, and that should end. Also, state governments should be able to enforce business practice regulations on airlines.
Transparent fare displays. A right to transparent and inclusive airfare displays in any channel. But this is a tough one — the folks involved have yet to come to agreement on exactly what should be included.
Minimum seat size. A right to seats and aisles with enough space to permit safe evacuation in the event of a survivable crash. Economy class seats have been getting smaller and people have been getting bigger. Travelers need some assurance that seating won’t get even worse than it is now.
4. Enforcement
Any Bill of Rights is vaporware if it does not include “what happens when they don’t” consequences that are enforceable and enforced. Widespread flouting of EC 261 rules by some European airlines — enough to engender a cottage industry of outfits helping travelers pursue claims that airlines should have paid automatically but did not — demonstrates the need for enforcement.
As consumer advocates, we can propose a laundry list of these and other potential Bill of Rights candidates. But such a list is no more useful than an actual laundry list without assurance of vigorous enforcement. We hope DoT agrees.