The only guarantee when it comes to airline passengers' rights during flight delays is that there are no guarantees. While the European Union has established a "bill of rights for passengers," there are no federal regulations regarding passenger rights during delays in the United States. Ultimately, passenger rights are regulated by individual airline companies.
Airlines once were regulated by the federal government. During that time, "Rule 240" applied to passenger rights during delays, cancellations and other incidents. It required that, in the event of a delay, a carrier put a passenger on the next available flight. Though many people still refer to "Rule 240," it no longer exists. Since deregulation, most airlines now address passenger rights during delays in their contracts of carriage.
Delays can be caused by weather, air traffic delays, mechanical problems and other unexpected circumstances. Some delays occur before boarding, while others happen after boarding. Airlines are not required to compensate passengers for either type of delay, but many major airlines try to accommodate their passengers in some fashion. Delta Airlines, for example, will provide meals and accommodations if a passenger is delayed overnight. For on-board delays, most airlines state in their contract of carriage that they will provide food, drink, bathroom facilities and all other necessities during the delay.
In the case of a delay, a passenger should refer to the specific carrier's contract of carriage. Many airlines use vague language in their contract, but others are more specific. Northwest Airlines, for example, still follows the stipulations of Rule 240. Other company's contract of carriage, such as Southwest Airlines, state that it is left to the "sole discretion" of the carrier and allow the carrier to substitute alternative carriers if necessary.
While many still believe they are legally entitled to compensation should a delay occur, nothing is guaranteed. There are no federal regulations concerning passenger's rights in delays. While most airlines will work with passengers to alleviate problems caused by delays, they are not required to. A passenger should research her carrier and know the carrier's policy in case a delay does arise.
In light of several highly publicized situations in which "ramp delays" -- those that happen after passengers have boarded a plane -- have dragged on for eight to 10 hours, a movement to establish a federal "Passenger's Bill of Rights" is growing. The proposed bill would provide for different levels of compensation depending on the amount of time a passenger is delayed. The longer the delay, the greater the compensation. The bill also would provide for "trapped on board" compensation for ramp delays that last longer that an hour. In July 2009, the U.S. Senate Commerce, Science and Transportation Committee submitted a bill for consideration that includes components of a passenger's rights bill. The bill would allow passengers to deplane in the case of an extended ramp delay of three hours or longer.
