Thanks to the latest proposal from the Department of Transportation, 2025 could finally be the year that American travelers receive cash compensation for significant flight delays and cancellations. But to make sure it happens, you should submit a public comment by February 10.
When Ellen LaPaglia and her friend recently stepped up to the JetBlue counter at the Rochester Airport, they weren’t anticipating any problems. They planned to take a short flight to New York City’s JFK, where they would connect to Phoenix. At least, that was what they expected to do, but that isn’t what happened.
As they settled into their seats aboard the plane bound for JFK, the two pals excitedly chattered about their plans for Arizona. But then LaPaglia glanced at her watch. The flight’s departure time had come and gone, and they were still idling at the gate.
Soon, the pilot announced a broken onboard toilet was preventing their departure. The plane, filled with all its passengers, sat at the gate for over two hours while maintenance fixed the problem. When the aircraft finally pushed back, LaPaglia was almost certain that they would miss their flight to Phoenix—JetBlue’s last of the day.
She was correct.
An Extended Flight Delay Doesn’t Lead to Compensation…Yet
On the ground at JFK, a JetBlue agent rerouted the friends for the following morning. When LaPaglia asked about where they would sleep, the employee said she had no hotel vouchers left.
Instead of sleeping in a comfy hotel in the Arizona desert that night, the friends found themselves stranded in New York. In the end, LaPaglia spent over $500 to stay at a nearby airport hotel. The following day, the duo flew to Phoenix, landing a full 24 hours after their intended arrival.
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LaPaglia assumed JetBlue would owe her some compensation for their inconvenience, missed vacation day, and reimbursement for the hotel and Uber to and from the airport. After all, it was JetBlue’s fault that she incurred all those expenses.
She was soon in for a rude awakening. The United States has no laws or regulations that would compel JetBlue to compensate her for the extended flight delay. JetBlue even denied LaPaglia’s request for reimbursement for the hotel stay.
The Department of Transportation Proposes Change
If you’re a frequent air traveler in the United States, you know LaPaglia’s experience isn’t uncommon. Passengers getting abandoned by their airlines and stranded at airports nationwide is a routine occurrence. But it’s nearly unheard of in other countries because of passenger protection laws and regulations.
Over the years, thousands of U.S. air passengers have contacted me asking what airlines owe them in similar circumstances. The answer almost always surprises the inconvenienced traveler.
The United States has no passenger protection regulations that require airlines to provide even basic duty of care amenities to their passengers after an extended flight delay or cancellation. And cash compensation after a flight disruption is unheard of in the U.S. But things may change in 2025.
On December 5, 2024, the Department of Transportation introduced a proposal that could change everything for air passengers in the United States. If that regulation is passed, for the first time ever, U.S. air passengers will be eligible for cash compensation when faced with situations like LaPaglia’s. The airlines will also be mandated to provide basic duty of care to their customers in the event of a controllable flight delay or cancellation.
Air Passenger Rights: The U.S. Compared to Other Countries
The goal of this latest proposal is to bring the United States air passenger rules more in line with what is already standard practice in many countries globally.
Air travelers in Europe are protected by EU261, which, among other things, requires airlines to provide their customers cash compensation, hotel accommodations, and meals after a controllable flight delay or cancellation. Under European law, airlines, including U.S.-based carriers operating in the region, must inform their passengers of their rights after a qualifying disruption.
The Air Passenger Protections Regulation (APPR) covering Canadian air travel mirrors many of the same rights provided in EU261, as does the Israeli Aviation Services Law for air passengers to and from Israel.
In other countries, like Australia, there aren’t compensation awards for flight delays and cancellations, but basic duty of care rules are law.
Until new regulations are put in place, even basic duty of care regulations for air passengers do not exist in the United States. Airlines make their own rules and can decide what to provide for their customers in almost all circumstances.
Cash for American Air Passengers After Significant Flight Disruptions
If passed, the DOT’s current Advanced Notice of Proposed Rulemaking (ANPRM) would go a step further than the automatic refund requirements that went into place in October. This new regulation would require airlines to pay their customers cash compensation in the event of a significant (controllable) flight delay or cancellation.
Cash Compensation
– $200 – $300 if the flight delay is between three and six hours
– $375 – $525 for flight delays of six to nine hours.
– $750 – $775 if the flight delay exceeds nine hours.
A controllable flight delay or cancellation is one in which the airline could have reasonably prevented the event. Things like staffing problems and mechanical issues are controllable and would lead to passenger compensation. However, if a flight disruption is due to bad weather or Air Traffic Control (ATC) orders, the airline would not be required to provide the cash benefit.
What Else Is in the DOT’s Air Passenger Rights Proposal?
Ten domestic airlines in the United States voluntarily agreed to add some basic duty of care benefits to their customer care plans in the past year.
Those amenities include, among other things, rebooking without charge, meal vouchers, and (except for Frontier Airlines) hotel stays when a flight delay leaves a passenger stranded overnight mid-journey. You can see how your airline stacks up on the DOT’s Airline Cancellation and Delay Dashboard.
However, currently, all those customer care promises are at the airlines’ discretion and subject to change. If the proposal on the table now becomes law, those duty-of-care benefits would become requirements. It would also force Frontier Airlines to come up to speed with its fellow carriers and provide hotel accommodations for its displaced passengers.
What Travelers Can Do to Help Push This Proposal Along
It’s safe to say that most air passengers in the United States would welcome this new regulation with open arms. Of course, the airline industry is not in favor of additional regulations.
As a consumer advocate and travel ombudsman, I hear from travelers every day who ask what they can do to propel air passenger rights in the United States.
From now until February 10, 2025, the Department of Transportation is asking for opinions about this proposal. You can read through the entire document and then click on “Submit a public comment” to make your voice heard.
The Bottom Line
U.S. air passenger rights have lagged behind other countries for years. The DOT’s new proposal would bring us up to speed with what is already available to U.S. travelers when we go abroad. It makes sense that we could enjoy the same protections as we travel through our own homebase.
Unfortunately, though, this proposal is just that – a proposal. And the commenting period will end after a new administration takes office. That administration may be more aligned with the desires of the airline industry than the traveling public.
If you’re on board with these new air passenger rights, make sure to share your public opinion with the federal registry.
So, what happened with LaPaglia? She contacted me at my consumer advocacy organization, Consumer Rescue, and I discussed her case with the executive team at JetBlue. They agreed that something had gone wrong with this passenger’s request for hotel reimbursement. JetBlue issued a $250 reimbursement refund for the hotel (the maximum allowed as per the airline’s customer care plan), and LaPaglia’s travel insurance through Allianz covered the rest.
