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LEGAL EASE
Here’s what a volunteer needs to know.
1. The law does not mandate a particular type or amount of com-
pensation for volunteers. You can haggle for more. Or you can
wait and see if the offer increases if not enough volunteers step
forward. Airlines start low and raise the ante if they need more
volunteers.
2. The law requires a volunteer be advised that they might be in-
voluntarily booted off the plane and how much compensation
they’d get if that happened. This is so the volunteer doesn’t settle
for a lesser amount if the airline knows he was going to get the
boot anyway and would get more money if he waited to be
bumped rather than volunteer to give up his seat.
3. The airline will offer the volunteer a seat on a later flight. But,
the volunteer needs to first verify not just when that will be,
but whether the seat is guaranteed or not. If not, the volunteer
could be stranded and spend money for meals/hotel that cost
more than what he got for his sacrifice. If the delay will be
overnight or for many hours, the volunteer should negotiate
for vouchers for hotels, meals, etc.
4. If the volunteer’s luggage has already been checked in on the
plane, he should verify if it will be removed and given back to
him for the next flight out upon which he’s booked.
5. If the airline also offers a voucher on a future flight worth “X”
dollars, the volunteer should verify how long it’s good for,
whether it’s subject to blackout dates or other restrictions, and
whether it can be used for international travel. It’s best to ask
for money (i.e. a check) which the airline may give instead of a
travel voucher if they’re desperate enough.
But what if you’re bumped against your will?
What can you do under those circumstances?
The law does step in and provide some concrete
rules. Here’s a summary of your rights.
1. Let’s start by identifying when these rules don’t apply. These
laws aren’t applicable to chartered flights or those in which
there are only 30 seats. The rules don’t apply if your entire
flight is cancelled and everybody is given the boot. (See my
earlier article for your rights in the event of cancellation).
The rules don’t apply because a smaller aircraft was substi-
tuted for safety or operational reasons. And they don’t apply
if you’re reseated on the same flight in a lower class section
although you’re entitled to a partial refund. So, assuming
none of the above exceptions applies to your circumstances,
here are those rules.
2. Each airline has a written list explaining your rights. If you for-
get what they are, at least remember to ask for the document
to refresh your memory. Bear in mind that there are reports of
gate agents who have tried to offer less compensation or benefits
than those required by law. Or they may try to get you to take
vouchers rather than cash. You can and should stand up to them
by knowing your rights.
3. If they can’t get you to your destination on another flight within
one hour of your originally scheduled arrival time, you’re enti-
tled to cash compensation; not a voucher. Cash or a check.
4. The amount of compensation goes up the longer the delay. If
an hour or less, you get nothing. If the delay is longer than one
hour but no more than two hours, you’re entitled to payment
of 200% the cost of your one way ticket, up to a maximum of
$675.00.
5. If the delay is longer than two hours, of if the airline doesn’t
make any alternative travel arrangements for you, you’re entitled
to a payment equal to 400% of the cost of your one way ticket,
up to a maximum of $1,300.
6. You get to keep your original ticket for use sometime in the fu-
ture or you can request an “involuntary refund” of the cost of
that ticket for that portion of the flight you were bumped from.
7. If you paid for upgrades like for check in baggage, seat selection,
premium seating like first class, etc., and you don’t get them on
your replacement flight, you’re entitled to compensation in the
amount you paid for those upgrades.
8. If your ticket doesn’t show a cost (like if you’re flying on fre-
quent flier points) you’re still entitled to be paid. The amount
of your ticket will be deemed to be the lowest charge for a ticket
of like kind on that flight.
9. Airlines have policies on how they bump people. Sometimes
passengers with the lowest priced tickets get the boot since they
cost the least to compensate. Sometimes it’s based on the last
who checked in. Because many airlines follow the second rule,
it’s worth it to check in early at the airport to reduce your
chances of being bumped.
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