The
new regulation will dramatically reduce the frequency of denying boarding
against a passenger's will. It would do so through a combination of two
measures:
- First,
when expecting to turn passengers away, and before doing anything
else, airlines and tour operators would be obliged to call for volunteers
to surrender their seats in exchange for advantages; they would then
agree the conditions of the exchange with them. Only if insufficient
volunteers came forward, would they be allowed to deny passengers
boarding against their will.
- Second,
if after all airlines or tour operators do deny passengers boarding,
they would have to pay compensation at a dissuasive level:
- €
250 for flights of less than 1500 kms
- €
400 for flights between 1500 and 3500 kms
- €
600 for flights of 3500 kms or more
These amounts will have to be revised within 4
years.
This would create a strong incentive to make
volunteering attractive and a powerful deterrent to deny boarding. Thanks
to a volunteer system, in the United States most overbooked passengers
give up their seats voluntarily and few are bumped off flights.
In addition to financial compensation, passengers
denied boarding would continue to enjoy both these rights:
- the
choice between an alternative flight as soon as possible and
reimbursement of their ticket in case the delay has made their
journey pointless; and
- care
while awaiting a later flight (refreshments, meals, accommodation).
Volunteers would also be able to choose between
an alternative flight and reimbursement of their ticket.
Minimise the inconvenience of cancellations.
When airlines or tour operators cancel flights
and are responsible for doing so (under no extraordinary circumstance),
Passengers will have the right to compensation
at the rate fixed for denied boarding (cancellation is denied boarding in
an extreme form), unless they are informed two weeks before the scheduled
time of departure, or they are informed on due time and re-routed at a
time very close to the previous scheduled flight.
In addition to the financial compensation, these
passengers would receive two other rights:
- a
choice between an alternative flight at the earliest opportunity and
reimbursement of their ticket;
- care
while awaiting a later flight.
Assist passengers facing long delays.
Delays at EU airports are worsening and it is
unacceptable to leave passengers stranded for hours. The new regulation
would oblige to give assistance to the passengers affected by long delays
(refreshments, meals, hotels), who will also have the choice between an
alternative flight as soon as possible and reimbursement of their ticket. In
addition, airlines would be obliged to care for passengers with special
needs, such as those with reduced mobility or unaccompanied children
However, no compensation is foreseen for the normal delays as it is
generally considered it would be unfair to oblige airlines to care for all
delayed passengers, though many choose to do so, as delays are not always
their fault.
This new regulation will apply to passengers:
- departing
from an airport located in the territory of a Member State,
- or
passengers departing from an airport in a third country to an
airport in a Member State, unless they already receive benefits or
compensation and were given assistance in that third country, if the
operating air carrier of the flight concerned is a Community
carrier.
It will concern all flights which means that the
current rights, which are limited to regular flights, are going to be
extended to charters and package holiday flights (in that last case the
sole compensation will be considered, other rights being already covered
by existing EU legislation).
Other flights |
| Please
note that most of the comments in the next section apply to US domestic flights only. US Department of Transportation
rules apply only to flights between points in the US. Airlines do not need
to give any compensation for international flights [other than to or from
EU airports], so what, if anything,
you get for an involuntary bump is entirely up to the airline.
Vouchers are typically valid for only a year from
date of issue. But if you ask *before you get the ticket*, you can
sometimes get it extended for a month or two beyond the year limitation.
(Some folks have reported success in getting vouchers extended a month or
so before expiration.) If your voucher is expiring you can also try using
it to get a ticket with a particular origin and destination but no
specific departure and return dates. Such tickets should be good for 12
months. Many bump vouchers, however, prohibit exchanging them for such
"open" tickets. An alternative is to use the voucher to book a
flight to your favorite destination for some likely dates. If the dates
don't work out, you can usually rebook the tickets for different dates for
a small fee.
So another way to reduce the cost of flying is to
volunteer to be bumped. You can maximize your chances of being bumped by
purchasing a confirmed reservation on flights that are most likely to be
full. A good time is 7-10 am or 4-7 pm on a weekday (especially Monday
morning and Friday afternoon). These are the times most businessmen fly
(trying to make early morning meetings or to get home for dinner in the
evening), and hence when the airline is most likely to be overbooked.
Airlines are also likely to be overbooked on Sunday nights (early evening)
and the beginning and end of holidays, since that is when non-businessmen
typically fly. For example, right before Thanksgiving and the Sunday or
Monday after are prime bumping times. The same is true of typical spring
break destinations toward the end of March and beginning of April.
Receiving a free roundtrip ticket effectively cuts your air travel costs
in half. And if you get bumped while using a previous free bump ticket, it
gets even cheaper.
Even on the best days for being bumped, the
likelihood is still rather low. Airline yield software has been getting
better and better, so it is uncommon for bumping to occur. The DOT figures
cited in [4-4] show that American had an involuntary bump rate of 1 in
200,000 in 1993. (These figures do NOT include voluntary bumps, which are
more likely. The DOT does not collect statistics on voluntary bumping.
Note also that American had the lowest involuntarily bump rate. The
likelihood of your being bumped voluntarily on an average carrier is
probably close to 1 in 10,000.)
If you want to be bumped and notice that the
flight looks full, get to the gate as early as possible (e.g., 1-2 hours
before departure) and ask the gate agent whether they are overbooked. If
they are, they will need volunteers. Ask them to put your name on the bump
list (aka "bump queue"). Bump tickets are offered on a first
come/first served basis, so you want to get your name near the top of the
list. This will give you priority if there are only a few bumps. Note,
however, that by pre-volunteering, you're only likely to get a free ticket
in addition to rebooking on a flight later that day. If nobody volunteers
and you wait until they ask for volunteers, you can sometimes up the ante,
depending on how desperate they get. (Some airlines give all volunteers
the same thing, no matter when they volunteered. Others will process you
as soon as you volunteer, so the later you volunteer, the better the
incentive.) In general, you should put your name on the bump list, and
don't wait until the airline calls for volunteers. Enough people volunteer
ahead of time these days that if you don't put your name on the list, you
won't have the opportunity to be bumped (except on very rare occasions,
when not enough people volunteer).
When you get your bump ticket and are being
rebooked on a later flight, if the delay is a few hours, ask the gate
agent if they can give you a meal voucher. This voucher, which is worth
$5-$10, can be used at airport restaurants to get something to eat. Not
every airline and not every gate agent will give you one, and they
certainly won't give you one if you don't ask for it, but sometimes they
will. If you have any other special requirements (e.g., you want extra
frequent flyer credits, you want the free ticket to be good for an extra
month, etc.) it doesn't hurt to ask.
If you have a confirmed reservation, and you
notice the flight is overbooked but first class is underbooked and you
don't necessarily want to be bumped, try being the last person on line. If
you are lucky the coach and business class will be full, and they will
have to upgrade you to first class at no charge. (Also, having a
pre-issued boarding pass will decrease your chances of an involuntary
bump.) This is risky, though, because you might wind up being bumped
anyway, so only do it if you don't care whether you'll be bumped.
It always pays to volunteer to be bumped, even if
the flight isn't overbooked. If the airline needs adjacent seating for a
family, they will sometimes bump you into first class if you are in a row
by yourself.
When you arrive at the airport, check the flight
schedules to see which flights (on the airline and its competitors) will
be departing for your destination, and when. Airlines are extremely
reluctant to book a volunteer on another carrier, so if you get bumped on
the last flight to your destination, you may have to stay overnight at a
hotel.
Good days to get bumped include: Wednesday before
Thanksgiving, Sunday after; couple days before and after Christmas
weekend; ditto with New Years. Friday afternoons, evenings, and Sunday
afternoons and evenings also bump a lot.
Another trick is to ask your travel agent which
flights are full or nearly full and to purchase tickets for one of those
flights. (Not every travel agent will let you do this.) Note, however,
that you probably won't be able to get the discount rate for such a
flight, since all the seats in the discount coach fare class have probably
been sold. Also, if a flight has reached the overbook limit, you won't be
able to buy any ticket for the flight, except perhaps a full fare
ticket.
If the airline still has plenty of coach seats a
day or so before the flight, it is unlikely that they will bump. Here's
what some airlines usually give volunteers:
- Delta, USAir: Open roundtrip (Delta
requires reservations three days before flight time on bump
tickets.)
- United: Travel voucher in increments of
$100 based on how long you have to wait for your next flight (e.g., 2
hour wait is $200), up to a maximum of $300. You can also ask for a
food voucher.
- Continental: US domestic roundtrip
ticket. Sometimes offers a dollar amount in credit to be used towards
any Continental flight (e.g., $300).
- American, America West, Southwest,
Northwest: $$ off another ticket (usually $150 to $300; Northwest
generally around $300; American has been known to go as high as
$1000.) Dollar-denominated vouchers are not subject to tax, so they
stretch further. Amounts depend on the degree of overbooking of the
flight. United sometimes will also issue a dollar-denominated
voucher.
- Air Canada offers $150 cash or $300 in
travel vouchers.
United bumps more than average, Delta less.
If you are bumped and the next flight out is the
next day, the airline may offer you overnight accomodation in addition,
especially if you are bumped while away from home.
Most bump tickets (vouchers) are
non-transferable, so you must use them yourself. If the voucher must be
exchanged for a ticket, you may be able to have the ticket issued in
someone else's name, given a reasonable excuse (e.g., your
girlfriend/boyfriend).
If you are bumped (voluntarily or involuntarily)
and have checked baggage, the airline will not remove your bags from the
plane. The bags will continue on to your destination and wait there until
you arrive. So if you're planning to be bumped, bring enough clean clothes
in your carry-on to last you a day or two just in case your bags are lost
or stolen by the time you arrive, or you get stuck at a connection.
If you get bumped or your flight is canceled and
need to stay at a hotel overnight, hotels near the airport will often give
you a substantial discount if you ask for it (50% discount is not unheard
of). Ask for the "Distressed Passenger Rate". Airlines also have
overnight kits they can give you.
A flight being cancelled is *not* the same as
being bumped. Bumping occurs only when the carrier has more passengers
with confirmed tickets on the flight than seats. You can get compensation
if you are bumped, but not if the flight is cancelled.
If airline delays cause you extra expense, the
airlines may be willing to help you out. For example, if the airline delay
caused you to miss the cheap bus shuttle service to downtown, the airline
may be willing to pay the difference between cab fare and shuttle fare.
But in general, there aren't any policies for compensation (e.g., meals,
hotel, etc.) that must be given to bumped and delayed passengers. Some
airlines are very nice and will give you food coupons if you ask, some
won't.
Under Department of Transportation rules, an
involuntarily bumped traveler who is delayed more than one hour but less
than two on a US domestic flight is entitled to $200 or 100 percent of the
one-way fare, whichever is less (the airline must also honor the original
ticket). For delays longer than two hours, the compensation doubles. The
calculation of delay is according to the time of arrival at the
destination. Airlines can offer you a travel voucher (for a free US
domestic round-trip ticket) in lieu of cash, but must give you the cash if
that's what you want. Airlines like bumped volunteers because free travel
vouchers cost them less than the cash compensation they're required to
offer involuntarily bumped passengers. Approximately 1 in 10,000
passengers is bumped involuntarily. (If the involuntarily bumped
passengers are put on a flight which brings them to their destination
within an hour of the original flight time, the airline has met its
requirement.) Anything more is strictly the policy of the airline, which
is stated in its Conditions of Carriage statement. (To obtain this
statement, get it either from your travel agent or by writing to the
customer affairs office of your airline. Be sure to ask for the full copy
of the conditions; otherwise they'll give you just a three page summary of
the limitations of liability sections.) Note that these rules do NOT apply
to delayed passengers in general, just to involuntarily bumped
passengers.
According to a 1994 Supreme Court ruling,
passengers who are denied boarding can sue the airline for compensatory
damages, but not punitive damages. So in most cases you are better off
accepting the compensation offered by the airlines.
Note that if you don't show up at the gate 15
minutes before departure, the airline can involuntarily bump you and not
owe you anything.
There are no rules governing compensation for
volunteers -- airlines can offer as little or as much as it takes to bid
you off the flight. Delta restricts reservations using volunteer bumped
vouchers to two days in advance.
Re-booking: Most volunteers are routinely
booked on another flight within a few hours, but re-routing isn't a legal
requirement. Before giving up your seat, ask when the next flight leaves,
whether you'll have a confirmed or standby reservation and (if the flight
is with another carrier) whether you'll have to pay additional fare.
Negotiating: Most airline managers can
escalate compensation offers in an attempt to get enough volunteers. So
you might get a better deal by simply asking for one. American Airlines,
which has the lowest rate of involuntary bumpees in the industry, tends to
be the most generous with compensation for volunteers.
Sometimes, when all of the airline's flights are
full, they will reroute you on another airline. However, if you are flying
on a free ticket (e.g., frequent flyer ticket, previous bump ticket), they
may not be willing to endorse your ticket over to the other airline. (It
doesn't hurt to ask.) So they'll have to send you out on another flight
later that day. If this happens and "inconveniences" you (i.e.,
you have to wait another hour or so), you may be able to weasel something
else out of the airline -- a roll of quarters for the pinball machine, use
of their club facilities, first class accomodations on the later flight,
meal voucher, or something.
If you volunteer and they don't need to bump you,
you don't lose your seat. If you volunteer, they need you, and you change
your mind, you may lose your seat, and wind up in a random seat. That is,
of course, if the airline decides to accommodate you. Once you've
volunteered and they've accepted your offer, you can't really reneg on
it.
If you are bumped on an international flight, the
airline will reroute you but generally not offer you any extra
compensation. Involuntary reroutings may involve upgrading your class of
service (at no extra cost to you) or putting you on a different carrier to
your destination at the same or higher class of service. If rerouting you
requires an overnight stay, the airline will provide you with vouchers for
hotel rooms and meals. But you won't get any free tickets, and writing a
letter of complaint to the airline probably won't get you anything. (The
only case where complaining will get you something is if you paid for a
first class ticket, and they rerouted you on a lower class of service. If
this occurs, ask the airline to refund the difference in fares.) If you're
traveling international and don't want to be bumped, buy a first class
ticket. Airlines rarely bump first class passengers. |