Traveler's Rights

A person walks along a sidewalk while wearing a backpack and pulling a rolling suitcase

As people begin traveling again, you may find that airports are crowded, flights are cancelled, and that there are increased delays, and, while airlines and other travel-related businesses may give you a refund or voucher for your inconvenience, that isn't always the case. A smooth trip begins with knowing your rights as a traveler and consumer, and knowing what to do if your trip is delayed or cancelled. How do you know if you are owed compensation? What rights do you have as a traveler and consumer? Our network of dedicated attorneys in our network of law firms across North America and the UK can advise you on your specific situation at no additional cost to members of our Legal Protection Plans for Individuals & Families. In the meantime, here are a few traveling tips to protect your rights:

Your Options

When a flight is cancelled, sometimes, the airline will offer a refund or a different flight. Understanding the legal language used in these offers is important, because they are often confusing and unclear. If you are unsure what the language the airline has used in your offer means, you can ask the customer service representatives or ticket counter staff to clarify what it means for your situation. Some questions that might be pertinent to your situation include: Is the airline covering hotel costs associated with this delay?" and "What kind of compensation is the airline offering?"

Communication

If there are to be long delays, the airline should be communicating with you and giving you the most up-to-date information available. Alternate transportation should also be provided.

Terms, Rules, & Regulations

Airlines often have their own terms, conditions, rules, and regulations, and they are not required by law to give you refunds when flights are delayed or cancelled. However, most airlines have policies regarding these circumstances, and they should be publicly available. Make sure to read through what these stipulations are to determine if you are entitled to a refund or other compensation. Ask questions to make sure you understand all your options.

Typical Refund Eligibility

Don't assume you'll get a refund if your flight is cancelled or delayed. Because some things are out of the airlines' controls, they are not required to refund you, but most airlines have some considerations in their policies, including the length of the delay and what caused it. If your flight is significantly delayed, your cost may be refunded, but you should keep in mind that the U.S. Department of Transportation has not defined what qualifies as a "significant delay," so airlines typically make these considerations on a case-by-case basis. When flights are cancelled, airlines typically re-book your flight at no cost to you, many times, on the next flight out if there are enough available seats. If you decide to cancel your trip due to the delay, you are entitled to a refund for the travel, bag fees, and anything else you paid the airline for. When delays and cancellations are out of the airline's control, the Department of Transportation says that compensation is required only when passengers are removed from a flight due to overbooking. Some examples of things that are deemed out of control of the airline are: weather, air traffic control issues, political unrest, security problems, and terrorism. If the cause of the delay or cancellation is due to something under control of the airline, they may offer you a refund or other compensation. These reasons are things such as scheduling or labor strikes.

If your flight is delayed or cancelled, remain calm and make note of details. Take screenshots of communications between the airline and yourself and make note of the amount of time you wait. Ask questions and get clarifications before accepting vouchers, and if you have questions, ask your attorney. Our network of experienced, dedicated lawyers are available 24/7 through our app, so you can have your attorney look through the language of any offer you receive before you accept it. This is just one of the hundreds of benefits of having an attorney in your pocket through our Legal Protection Subscription Plans for Individuals & Families. Don't wait until you need them: sign up today!