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I recently got delayed 13 hours on a domestic United flight and as of yet (a week later) was not offered any compensation. Is this legal? If yes, why hasn’t this been changed or complained about?
Why haven’t the Dems addressed this?
The rationale is probably it would compromise safety. The airline might operate an aircraft with a known mechanical problem, to avoid having to compensate the passengers for the delay in fixing the problem.
Because airlines are generally deregulated on most elements of their “terms of carriage” (technical jargon for what they can charge, when they must provide compensation etc.) . There are very specific areas where the law or FAA rules dictate compensation such as denied boarding for overbooking, keeping passengers on the tarmac too long, etc. but “mechanical delays” are not included since there is no way to define the term and not wanting to create disincentives for airline employees to flag and fix problems. Indeed, flying with an even minor mechanical issue that has some safety component can result in fines in the hundreds of thousands of dollars. Instead, the current philosophy is to let the market regulate on-time performance and delays and the airlines must publish performance data so you can choose a flight based on the livelihood of non-weather delays.
They said because its not their fault
The airline told you they don’t have to compensate you because the mechanical problem is not their fault?
In a sense, that’s true. If it weren’t for the passengers, they could keep the aircraft parked in hangers. It’s all the flying that causes stress to the planes and causes the parts to fail. So it’s really your fault.
Airlines used to offer compensation for this, and planes didn’t crash that much more often, so that doesn’t sound right.
Maybe it’s harder for them to make money now.
I know that commercial flying used to be a lot more pleasant. There was hardly any hassle about security; you could wander freely in and out of the boarding area. There were no fees for baggage unless it was excessive. Free meals and snacks were served, even in coach class.
On EU flights (see below) if the problem was caused by something routine, such as component failure and general wear and tear you are entitled to compensation.
An EU flight is where the flight departed from an EU airport, regardless of the airline OR where an EU airline landed at an EU airport. Under this law, EU airports also include those in Iceland, Liechtenstein, Norway and Switzerland.
So a delayed Manchester to Miami flight qualifies, regardless of the airline. Yet for Miami to Manchester, you are entitled to compensation flying Virgin or KLM, but not on Air India.
I don’t know the law in the USA.
No equivalent FAA rule in the U.S. for mechanical delays beyond obligation of airline to provide some minimal compensation for meals etc. for delays beyond a specified time. Each airline may have its own rules beyond the Federal minimum standards but those are buried in its tariff sheets which read like legal goblygook. You are supposed to be able ask a ticket agent at the counter to see a copy of the tariffs but lots of luck trying to find any information with a line of other irate passengers waiting to vent their own tsoros to the gate agent after a delay or cancellation i
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