When flights are oversold, airlines sometimes need passengers to give up their seats. This is known as “bumping,” and the Department of Transportation (DOT) has rules in place to protect passengers in these situations. Whether you’re volunteering to give up your seat or are involuntarily bumped, understanding your rights under DOT regulations is crucial. This guide provides a comprehensive overview of the DOT bumping rules to help you navigate oversold flight scenarios with confidence.
Department of Transportation (DOT) rules protect passengers from airline bumping
Voluntary Bumping: Negotiating for Compensation
Airlines often look for volunteers before involuntarily bumping passengers from an oversold flight. If you’re flexible with your travel schedule, volunteering to be bumped can be beneficial. Here’s how voluntary bumping works and what you should consider:
When a flight is oversold, airline staff will ask for volunteers at check-in or the boarding gate. By volunteering, you agree to give up your confirmed seat in exchange for compensation from the airline. This compensation is negotiable, so it’s important to be informed and ask the right questions before agreeing.
Key Questions to Ask When Volunteering:
- When is the next confirmed flight to my destination? Ensure the alternative flight is acceptable and get confirmation, not just standby status.
- What amenities will the airline provide? Ask about meals, hotel accommodations (if necessary), airport transfers, and communication allowances like phone cards. These can offset expenses while you wait.
- What is the form and validity of compensation? Understand if you’ll receive a travel voucher, flight ticket, or cash, and any restrictions, expiration dates, or blackout periods, especially around holidays.
- Can the voucher be used for international flights? If you travel internationally, check if the compensation is applicable for those routes.
The DOT does not regulate the amount or form of compensation for voluntary bumping; it’s a negotiation between you and the airline. Airlines usually offer flight vouchers or future travel credits and often have guidelines for their agents to negotiate. Don’t hesitate to negotiate for better terms based on your inconvenience.
Involuntary Bumping: Know Your Rights and Compensation
Involuntary bumping occurs when an airline denies boarding to passengers with confirmed reservations because of overbooking, and not enough people volunteer to give up their seats. The DOT has specific regulations to protect passengers who are involuntarily bumped.
Airline Responsibilities and Passenger Rights:
Airlines are required by the DOT to provide a written statement to passengers who are involuntarily bumped, outlining their rights and how the airline decides who gets bumped. In most cases, involuntarily bumped passengers are entitled to “denied boarding compensation” (DBC), typically in the form of a check or cash, although credit card credits are also becoming common. The compensation amount depends on the ticket price and the length of the delay to your final destination.
DOT’s Minimum Compensation Requirements for Involuntary Bumping:
These are the minimum compensations mandated by the DOT; airlines may offer more.
- No Compensation: If the airline arranges substitute transportation that gets you to your final destination within one hour of your original scheduled arrival time, no compensation is required.
- 200% of One-Way Fare (up to $775): If substitute transportation arrives between one and two hours after your original arrival time for domestic flights (or between one and four hours for international flights), the minimum compensation is 200% of your one-way fare, capped at $775.
- 400% of One-Way Fare (up to $1,550): If substitute transportation arrives more than two hours later for domestic flights (or more than four hours for international flights), or if no substitute arrangements are made, the minimum compensation doubles to 400% of your one-way fare, capped at $1,550.
For tickets without a displayed fare (like frequent flyer tickets), compensation is based on the lowest cash fare for the same class of service on that flight. You are also entitled to a refund for optional services you paid for if you didn’t receive them on the substitute flight.
Important Considerations for Involuntary Bumping:
- Confirmed Reservation: To be eligible for compensation, you must have a confirmed written reservation.
- Check-in Deadlines: You must meet the airline’s check-in deadline. These deadlines vary, especially for international flights, so always check your airline’s specific requirements. Missing the check-in deadline can forfeit your reservation and compensation rights.
Exceptions to DOT Bumping Compensation Rules
While DOT rules offer strong protections, there are exceptions where airlines are not required to pay denied boarding compensation:
- Arrival within One Hour: As mentioned, if you reach your destination within one hour of your originally scheduled time using substitute transport, no compensation is due.
- Smaller Aircraft Substitution: If a smaller plane is substituted for the originally planned aircraft due to operational reasons, and this causes bumping, compensation is not mandatory.
- Aircraft Size Exception: For flights on aircraft with 30 to 60 passenger seats, compensation is not required if bumping is due to safety-related weight or balance restrictions.
- Charter Flights and Small Aircraft: DOT bumping rules do not apply to charter flights or scheduled flights on planes with fewer than 30 seats.
- International Flights to the U.S.: The rules technically don’t apply to international flights entering the U.S., though some airlines may voluntarily comply. Flights between two foreign cities are also not covered by U.S. DOT rules. For flights within the European Union, EU regulations apply.
- Boarding Priorities: Airlines set their own boarding priorities. When overselling occurs and there aren’t enough volunteers, airlines may bump passengers based on fare class or check-in time. Checking in early can reduce your risk of being bumped.
Receiving Your Denied Boarding Compensation
Airlines are expected to offer compensation at the airport on the same day you are bumped. If substitute transportation departs before payment can be made, the airline must pay you within 24 hours of the bumping incident.
Payment Options and Negotiation:
Airlines may initially offer vouchers or free tickets, but you have the right to request a check or cash as involuntary denied boarding compensation. Accepting a voucher might limit your ability to seek further compensation. If your bumping incident results in greater financial loss than the offered compensation, you can attempt to negotiate a higher settlement with the airline’s complaint department or even consider legal action. You typically have 30 days from the date of a check to decide whether to accept it.
Other Reasons for Flight Removal
It’s important to note that airlines can refuse to transport passengers for reasons beyond overbooking, as outlined in their “contract of carriage.” These reasons must be non-discriminatory and can include:
- Intoxication or Drug Use.
- Interference with Flight Crew Duties.
- Disruptive or Unruly Behavior.
- Offensive Odor (not due to disability or illness).
Federal regulations strictly prohibit any interference with flight crew members. In these situations, removal is not considered bumping and does not trigger denied boarding compensation.
For further details on involuntary denied boarding rules, you can refer to the official federal regulation here.
In Conclusion
Understanding the Department of Transportation’s bumping rules is essential for air travelers. Knowing your rights, whether you are volunteering to be bumped or are involuntarily denied boarding, empowers you to handle these situations effectively and ensures you receive fair treatment and compensation when flights are oversold. Being informed helps make air travel less stressful and more predictable, even when unexpected disruptions occur.
