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DOT Proposes Flight Delay Compensation for Americans

2025, to the Department of Transportation’s (DOT) proposed rule to implement the Flight Delay Compensation Rule.

The Proposed Rule

The Department of Transportation’s proposed rule aims to provide fair compensation to passengers who experience significant flight delays and cancellations. The rule, which is expected to be finalized in 2025, would require airlines to pay passengers for delays of 12 hours or more, and for cancellations of flights that are not offered as alternatives.

Key Provisions

  • 12-hour delay threshold: Passengers would be eligible for compensation if their flight is delayed by 12 hours or more. Cancellations without alternatives: Airlines would be required to offer passengers a reasonable alternative flight or provide compensation if a flight is cancelled without offering an alternative. Compensation amounts: The amount of compensation would depend on the length of the delay or cancellation, with longer delays resulting in higher compensation. ## Why This Rule Matters**
  • Why This Rule Matters

    The proposed rule is a significant step towards ensuring that passengers receive fair compensation for significant flight delays and cancellations. Currently, many airlines do not provide adequate compensation for delays and cancellations, leaving passengers with significant financial losses.

    Benefits for Passengers

  • Financial protection: The proposed rule would provide passengers with financial protection against significant flight delays and cancellations. Increased transparency: The rule would require airlines to be more transparent about flight delays and cancellations, making it easier for passengers to plan their travel.

    LaPaglia was shocked and asked if she could get a voucher for a nearby hotel. The agent replied, “I can give you a voucher for a hotel that’s not on our list.” LaPaglia was taken abade by this response and asked if she could get a voucher for a hotel that was on their list. The agent replied, “I can give you a voucher for a hotel that’s on our list, but it’s not a hotel that we recommend.” LaPaglia was shocked and asked if she could get a voucher for a hotel that was on their list and recommended by the airline. The agent replied, “I can give you a voucher for a hotel that’s on our list and recommended by us, but it’s not available.” LaPaglia was shocked and asked if she could get a conversation with a supervisor. LaPaglia was then given a voucher for a hotel that was on their list and recommended by the airline.

    The Broken Toilet and the Broken Promise

    A broken toilet on a JetBlue flight from New York to Phoenix may seem like a minor issue, but it had a significant impact on the passengers. The flight was delayed for over two hours, and the passengers were left to deal with the inconvenience.

    The Initial Response

    When LaPaglia, a passenger on the flight, asked about the delay, the JetBlue agent replied that they would reroute the flight for the following morning. However, when LaPaglia asked about where they would sleep, the agent said she had no hotel vouchers left.

    The Lack of Airline Liability

    The airline industry is often criticized for its lack of accountability and transparency. In the case of JetBlue, the airline’s stance on liability is particularly concerning. The airline’s policy of not compensating passengers for damages or losses incurred during flights is a stark reminder of the industry’s general lack of accountability. Key points to consider: + The airline industry is largely self-regulated + Airlines have significant power and influence over the regulatory environment + Passengers often bear the brunt of the consequences

    The Impact on Passengers

    The lack of airline liability can have a significant impact on passengers. When an airline fails to compensate passengers for damages or losses, it can lead to a range of negative consequences.

    The Current State of Airline Passenger Protection

    The lack of federal regulations governing airline passenger protection has led to a patchwork of state-by-state laws and industry practices. While some airlines offer basic amenities like food, water, and shelter, others leave passengers stranded with minimal support. The absence of a uniform national standard has resulted in inconsistent treatment of passengers, with some airlines providing more comprehensive assistance than others. Key issues with current airline passenger protection: + Inconsistent treatment of passengers + Limited access to basic amenities + Lack of transparency in airline policies

    The Proposed Regulation

    The Department of Transportation’s proposed regulation aims to establish a minimum standard for airline passenger protection.

    This is a significant departure from the current US system, where airlines are not required to offer any form of compensation to passengers in the event of flight cancellations or delays.

    The Current State of Air Travel Compensation in the US

    The current US air travel compensation system is one of the most restrictive in the world. Unlike many countries, the US does not have a comprehensive federal law that requires airlines to provide compensation to passengers in the event of flight cancellations or delays. This lack of regulation has led to a patchwork of state-by-state laws, which can be confusing and inconsistent. Some states, such as California and New York, have enacted laws that require airlines to provide some form of compensation to passengers, but these laws vary widely in terms of what is covered and how much is paid.

    The State of Airline Duty of Care in the United States

    The lack of federal regulations governing airline duty of care in the United States has led to a patchwork of varying standards across the industry. This absence of a unified framework has resulted in inconsistent treatment of passengers, with some airlines providing more comprehensive support than others.

    The Current State of Airline Duty of Care

  • Airlines are not required to provide any specific services or amenities to passengers, such as food, water, or medical attention. Passengers are often left to fend for themselves in the event of an emergency or delay. Airlines may charge extra for services that are typically considered basic duty of care, such as providing a blanket or pillow.

    The compensation is capped at $600 per passenger.

    Understanding Flight Delay Compensation

    The Basics of Flight Delay Compensation

    When a flight is delayed, passengers are entitled to compensation under the EU’s Regulation 261/2004. This regulation sets out the rules for compensation in the event of a flight delay, cancellation, or lost luggage. The compensation amount varies depending on the duration of the delay.

    Factors Affecting Compensation

  • The length of the delay: Compensation is paid for delays of three hours or more. The airline’s responsibility: If the airline is responsible for the delay, it must pay compensation. The type of ticket: Passengers with a basic ticket are entitled to compensation, but those with a basic ticket and a free stopover are not. ### Compensation Amounts*
  • Compensation Amounts

    Short Delays (3-6 hours)

  • Compensation is $200-$300 per passenger. This amount is paid for delays of three to six hours.

    ## The Impact of Duty of Care on the U.S.

    The Rise of Duty of Care in the U.S. Aviation Industry

    The U.S.

    The Proposed Regulation

    The proposed regulation aims to reduce the number of flights from the United States to Europe. The Department of Transportation is seeking public input on the proposed rule, which would limit the number of flights from the United States to Europe to 1,000 per week. This is a significant reduction from the current average of around 4,000 flights per week.

    Why the Regulation is Necessary

    The regulation is necessary to reduce greenhouse gas emissions and mitigate the impact of climate change. The airline industry is one of the largest contributors to greenhouse gas emissions, and reducing the number of flights can help to decrease these emissions. The International Air Transport Association (IATA) estimates that the airline industry is responsible for around 2.5% of global greenhouse gas emissions. The European Union has set a target of reducing greenhouse gas emissions by 55% by 2030, and the airline industry is expected to play a significant role in achieving this goal. The proposed regulation would help to reduce emissions by limiting the number of flights, which would in turn reduce the amount of fuel burned and the resulting greenhouse gas emissions.

    How the Regulation Would Work

    The proposed regulation would work by limiting the number of flights from the United States to Europe to 1,000 per week. This would be achieved through a combination of measures, including:

  • Implementing a quota system, where airlines would be limited to a certain number of flights per week.

    It has not yet been finalized and is still in the process of being reviewed by the DOT.

    The Current State of Air Passenger Rights in the U.S. The United States has been criticized for its lack of comprehensive air passenger rights. While some airlines offer additional services, such as free checked bags or priority boarding, these perks are not mandated by law. This means that passengers are often left with limited options and no recourse when things go wrong.

    The Unexpected Turn of Events

    The unexpected turn of events began when LaPaglia’s flight was cancelled due to a mechanical issue. The airline, JetBlue, was unable to provide a suitable replacement flight, leaving LaPaglia stranded in New York City. The situation was further complicated by the fact that LaPaglia had a prior commitment in Los Angeles, which she was unable to keep due to the flight cancellation.

    The Travel Insurance Policy

    LaPaglia had purchased a travel insurance policy through Allianz, which covered her for trip cancellations and interruptions. The policy provided a reimbursement of up to $250 for hotel expenses incurred due to a flight cancellation. LaPaglia had paid a premium for the policy, but she was not aware of the extent of the coverage.

    The Refund Process

    After the flight cancellation, LaPaglia contacted JetBlue to inquire about the reimbursement process. The airline initially refused to provide a refund, citing that the cancellation was not their fault. However, LaPaglia persisted and eventually received a $250 reimbursement from JetBlue.

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