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LEGAL EASE
PRACTICAL TIPS
This is a case where a stitch in time saves nine.
Here’s what experienced travel agents and/or
the Department of Transportation recommend.
1. If you have a choice, fly as early as you can so there’s still time to refund later. Or find a Customer Service Agent not at your gate
find other flights if yours is cancelled. If your 9 p.m. flight from so he/she has the time to give you personal attention rather than
Dallas cancels, odds are slim there will be other flights at that time the gate agent who’s dealing with a mob of 100 angry passengers.
of night.
8. Remember that going backwards may be your best option. If
2. Select airlines which have lots of flights at the airports you’ll be you’re enroute to L.A. and get stuck in El Paso, your fellow pas-
using. An airline that only has one or two flights a day from Air- sengers are all trying to continue westward. There may be more
port X could leave you with limited options if your flight is can- seats available if you went backwards to Dallas and then to L.A.
celled. Or if you never got off the ground and are still in San Antonio,
it might be faster to have the agent book you to Houston and
3. If you have a connection, try to avoid airports known to have de- then L.A. if there aren’t many seats available on the next few
lays or those located where the weather may be bad at that time flights from here to L. A.
of year (i.e. In January, connect through Phoenix instead of
Chicago). 9. Be nice and politely beg for help from the gate agent. A threaten-
ing, belligerent approach isn’t likely to get you a discretionary perc
4. When booking, allow yourself some extra time so if there’s a delay, like a free hotel or meal. Plead your case if you’ve got small chil-
it won’t be the end of the world. This is particularly true when dren, an elderly or disabled companion, etc.
flying during holidays or when weather is typically bad.
10.Filing a formal complaint with the airline and/or Federal Depart-
5. Unless you must use a particular airline, take the time to look at ment of Transportation may get you some relief even though it
the contract of carriage for the different airlines you have the op- will be after the fact. Perhaps a travel voucher. Or at least the sat-
tion to use. Each airline has them on line so it’s easy to get one. isfaction that the airline has to respond to the DOT. You can con-
Or, you have the right to ask the gate agent give you a copy. You tact the Aviation Consumer Protection Division (ACPD). You
may still decide to book a seat based on convenience or price, but can call, write or use a web-based complaint form 24-hours-a-day
at least you’ll know what your rights are if there’s a cancellation at 202-366-2220 to record your complaint or send them a letter
on the airline you select. at Aviation Consumer Protection Division,C-75, U.S. Depart-
ment of Transportation, 1200 New Jersey Ave, S.E., Washington,
6. If you’re cancelled, get on the internet and see what other flights D.C. 20590. Or you can do it electronically at www.aircon-
are going to your destination even if it’s on a different airline. sumer.dot.gov.
Check to see if there are flights which, although not going to your
specific destination, are arriving close to it (i.e. flying to Oakland’s So, that’s the bad news. The bottom line is that passengers have
airport instead of across the bay to San Francisco’s airport). Gate very little recourse when a flight is cancelled. The good news is that
agents are more likely to help you if you’ve already done the re- in next month’s article, you’ll see that you do have a lot of rights when
search and talk to them about concrete, specific options rather it comes to other aviation maladies.
than expecting them to do the homework for you.
George F. “Rick” Evans Jr. is the founding partner of Evans,
7. The minute you know you’ve been cancelled, be immediately Rowe & Holbrook. A graduate of Marshall College of Law,
proactive rather than passive. Specifically, don’t wait in line with his practice for 36 years has been exclusively dedicated to rep-
100 of your fellow passengers waiting to talk to a frazzled gate resentation of physicians and other healthcare providers. Mr.
agent. Consider getting on the internet and booking yourself on Evans is the BCMS general counsel.
the airline’s next flight if there’s a seat and worry about getting a
visit us at www.bcms.org 37
