Airlines consumer protection laws

[sandra]

UNITED STATES

Office of Aviation Enforcement and Proceedings, U.S. Department of Transportation - FILING A COMPLAINT

• Safety and Security Complaints
• Airline Service Complaints
• Disability and Discrimination Complaints

OFFICE OF THE GENERAL COUNSEL - AVIATION ENFORCEMENT AND PROCEEDINGS

The Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, including its Aviation Consumer Protection Division, monitors compliance with and investigates violations of the Department of Transportation’s (Department) aviation economic, consumer protection, and civil rights requirements. The Office also provides legal review and support on aviation economic licensing matters.

Aviation Consumer Protection and Civil Rights Requirements

Consumer protection compliance and enforcement activities relate to areas such as unfair and deceptive practices and unfair competition by air carriers and travel agents, deceptive airline advertising (e.g., fare, on-time performance, schedule, code sharing, etc.), and violations of rules concerning denied boarding compensation, ticket refunds, baggage liability requirements, and charter flights.

The Office is also very active in civil rights enforcement. The Department is charged with prohibiting discrimination by airlines and has committed to protecting consumers in this regard. The Office focuses on ensuring that individuals with disabilities obtain nondiscriminatory access to the air transportation system and that the public is not subjected by airlines to unlawful discrimination on the basis of race, religion, national origin or sex during the course of their air transportation.

Where appropriate, the Office pursues enforcement action, which may be in the nature of warning letters or more formal action, such as consent orders or administrative litigation to impose cease and desist provisions and civil penalties on those who violate Department regulations or orders and statutes enforced by the Department. It also can seek injunctive relief in U.S. District Courts.

Legal Review and Support on Aviation Economic Licensing Matters

The Office provides legal review and support on activities concerning airline authority. This includes unauthorized air transportation operations by foreign carriers within the U.S. (i.e., cabotage) or to or from the U.S. The Office also reviews the marketing or operation (i.e., holding out of service or operation) of air transportation service by unauthorized U.S. companies. Enforcement action is pursued against carriers or other companies offering service for which they have not been found fit by the Department. Requirements relating to continuing fitness (e.g., reporting requirements and insurance rules) are also enforced to ensure that carriers remain in compliance with conditions on their authority.

AVIATION CONSUMER PROTECTION DIVISION

The Aviation Consumer Protection Division receives complaints from members of the public regarding air travel consumer issues. The Office verifies compliance with the Department’s aviation consumer protection requirements and provides guidance to the industry and members of the public on consumer protection matters. The Office also makes available to the public information on pertinent consumer matters.

Source:

Office of Aviation Enforcement and Proceedings
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590

http://airconsumer.dot.gov

UNITED KINGDOM

CONSUMER PROTECTION GROUP

The Consumer Protection Group ensures the rights of UK air travellers and helps protect the consumers money.

The responsibilities of the Consumer Protection Group (CPG) are to:

• Regulate the finances and fitness of travel organisers selling flights and package holidays in the UK.
• Manage the UK's largest system of consumer protection for travellers, Air Travel Organisers' Licensing (ATOL).
• License UK airlines and enforce European Council requirements in relation to their finances, nationality, liability of passengers for death or injury and insurance.
• Enforce certain other legal requirements and codes of practice for protection of airlines' customers.

Air Travel Organisers' Licensing (ATOL)

Total Financial Protection for Air Holidays

ATOL is a financial protection scheme for holidaymakers. If an ATOL tour operator fails, the ATOL scheme ensures customers contracted with the ATOL holder for an air package or a flight, do not lose the money paid over or are not stranded abroad. In order to carry passengers, cargo or mail for payment, air operators based in the European Economic Area (EEA) must hold an Operating Licence granted by the Member State in which they have their principal place of business. For UK airlines, licensing is undertaken by the CAA.

Air Passenger Rights

Consumer Protection Information for the Air Passenger

The Civil Aviation Authority is responsible for European passenger rights in the UK and works with the Air Transport Users Council (AUC) in providing information and advice. Disabled persons and those of Reduced Mobility are protected from discrimination and can rely on appropriate help to assist their transit through any EU airport. You may be entitled to compensation if you are denied boarding onto a flight and have right regarding delays and cancellations. Airlines are not included within the ATOL Scheme, so if you booked direct with an airline that has ceased trading you may not be protected.

Source:

Consumer Protection Group
CAA House
45-59 Kingsway
London
WC2B 6TE
Main Switchboard: 020 7379 7311

https://www.caa.co.uk

[Unregistered]

Re: Airlines consumer protection laws

In Europe they have paid for my hotel during the Volcano.

[Unregistered]

Re: Airlines consumer protection laws

Delta did not compensate me in the Volcano situation.

I suppose they did not have to pay hotel?

[Unregistered]

Re: Airlines consumer protection laws

Incident on 11/18/2010
I was alerted to reasonable airfare through Travelzoo from Boston to Montego Bay, Jamaica. I joined the “club" for $59.99 which was the only way of getting the discounted tickets and booked flights for myself, my son and his fiancee. They plan to wed there. Today I received 12 back-to-back emails from Spirit completely changing the itinerary. Instead of leaving at 10:45 am it was bumped back to 5:37 am. Naturally the arrival time would be earlier but major and costly inconvenience as it would require all of us to stay up the night and make other ground arrangements to get to Boston that early in the am at far greater expense. The worst change, however, was totally ignoring our return date and arbitrarily/unilaterally making it a day later with a 5 hour layover in Ft. Lauderdale. This was completely unacceptable as we have employment commitments. I was on the telephone in a holding pattern for over an hour getting the run around about a mechanical issue (someone has telepathy as the flight was not until February) and alternately flights were cancelled. Note I only booked these flights 2 weeks prior so one would think the airline would know if the flights were not going to be available both internationally and domestically. Of course I could reach no one stateside at all. I spoke with two very patient individuals in India who were obviously working from a script.
India: "No I can only credit you for another flight.”
Me: “Well, no, I will never fly your airline again so that really will not do any good."
India: "That is the best I can do."
Me: "Let me speak with someone in the US."
India: "We cannot do that, there is no one there to speak with."
Me: "Let me speak with your supervisor."
India: "Very well I will check on you every 2 minutes to see you do not get disconnected."
Me: "Very well."
So after several 2 minute check ins I finally spoke with the supervisor. He acknowledged the entire flight was canceled so everyone booked had to be re-routed. Same on the return. Claimed there were no other flights. There may not have been at the discounted price but online, there were other flights still listed. When I pointed that out he agreed to credit my card back for the entire amount. Then I demanded the return of the $59.99 special $9 fare club. That was located in another department (still there in India). Finally transferred and told it was non-refundable. Got it at least cancelled but will have to try to go through my state's consumer protection authority. Now, during the limited actual discussions, I could hear in the background other phone answerers having a good old time talking, laughing and generally cutting up. I received the required "I'm so sorry." but clearly they were not feeling my pain nor my anger. Had this occurred closer to the actual wedding date, it might have been irreparable. I turned around and booked on my standby, the more reliable US Air, but at an additional $500.00+. I spent 1 hr., 21 minutes and 37 secs. on the telephone waiting for service with possibly 7 minutes of all that time in a primarily one way discussion. I will never fly Spirit and I strongly advise others to avoid it at all cost. Do not join the club. As far as I'm concerned this was no more than a bait and switch.
1. Damage Resulting
Obviously, I am out the $59.99 for the "club" in addition to the difference in airfare. I am also out over an hour and 20 minutes of my time at conservatively $200 an hour.

[Yulu]

Re: Airlines consumer protection laws

I rec'd a much better deal in Europe on a bumped flight, than I typically do in the US, I will say that!

[Frank4]

Re: Airlines consumer protection laws

EU rules DO give the consumer more!

[Disagreeable]

Re: Airlines consumer protection laws

The trick is to know your rights. I once offered to take an earlier flight that had space, and a US airline refused unless I paid them to make it convenient for them. As my flight was only an hour later, I waited. When my flight was overbooked, I took a bump to a flight one hour later and received a free meal and a $500 credit. The Supervisor was not happy when I told him they could have put me on the earlier flight which had room for free. Welcome to the USA, LOL

[Kanem]

Re: Airlines consumer protection laws

I 100% agree, you have to really know what options exist and make your case to those airline staff. Otherwise it is just too easy for them deal with it all by disregarding you.