Q: If my agency's travelers suffer domestic flight delays and
cancellations, do they have any legal rights to force the airlines
to do anything for them? If so, where can they find their legal
rights?
A: Since 1983, when the U.S. government told domestic airlines
that they no longer had to file passenger rules with the government
for approval, the legal relationship between domestic airlines and
passengers has been governed by "conditions of carriage."
The legal theory is that conditions of carriage form a contract
between airline and passenger, even if the passenger has no actual
knowledge of the terms.
Although this legal theory is debatable, especially in the era
of e-ticketing, courts have upheld it, and therefore passengers can
count on being able to enforce conditions of carriage.
One of the conditions is so-called "Rule 240," which covers
what, if anything, the airline will do for the passenger in the
event of delays or cancellations.
The name is a throwback to the era of regulation, when there
were at least 239 other tariff rules. Today, it is a shorthand way
of referring to what the airline will do for passengers.
You can find a paraphrase of each airline's Rule 240 at a new
Web site, located at www.mytravelrights.com, which has been compiled
by an affiliate of ARTA.
An article on the site by my colleague Al Anolik recommends that
you travel with a copy of the Rule 240 for your airline.
As Al says, "You can win most battles at ticket counters when
you say the phrase 'Rule 240' and show the agent your printed copy
of the airline's policies."
Travel agencies can perform a valuable service for their clients
by telling them about the new site.
If travelers already have returned and complained to you, you
can redirect their wrath by telling them about the Web site, which
also explains how to file a complaint against the airline.
If you put an article about this subject in your agency's
newsletter, remember that you need Travel Weekly's permission to
copy any part of this column and the Web site owner's permission to
copy any articles on the Web site.
Mark Pestronk is a Fairfax, Va.-based attorney specializing
in travel law. He answers your questions in the Crossroads Legal Issues forum. To contact Mark directly,
e-mail him at [email protected].