Attention to travelers planning to visit or transit through the United States next year: starting from February 1, 2027, some flights may be delayed or canceled, making it more challenging for passengers to receive assistance or compensation such as meals and accommodation from airlines. However, they can still apply for ticket refunds under specific conditions.
The U.S. Department of Transportation (DOT) released its final rule in September this year, implementing Section 511(b) of the 2024 FAA Reauthorization Act which redefines the responsibility for flight delays and cancellations, listing 10 specific events as factors beyond the airline’s control. If flight disruptions are caused by these events, airlines may not provide compensation for meals, hotels, etc., although they may still offer assistance voluntarily under certain circumstances.
According to lawyer Jamie Davis Smith, after the new regulations take effect, the provision of meals, accommodation, and other assistance by airlines is expected to decrease, making it harder for passengers to receive related support. She noted that in cases where flight delays or cancellations are due to factors within the airline’s control, airlines typically offer meal vouchers or hotel stays; however, compensation is usually difficult to obtain if the disruptions are caused by uncontrollable factors like severe weather.
1. Unscheduled Maintenance:
Aircraft discovers a malfunction requiring immediate inspection or maintenance as instructed by regulatory authorities before takeoff, which cannot be delayed.
2. Sudden Medical Emergencies:
Passengers or crew members requiring urgent medical treatment due to events not caused by the airline.
3. Removal of Non-compliant Passengers:
Passengers asked to disembark due to violating onboard regulations, disrupting order, or displaying inappropriate behavior.
4. Baggage System Malfunction:
Uncontrollable luggage system failure by non-airline entities or their contractors resulting in delayed loading of baggage or cargo onto the aircraft.
5. In-Flight Passenger Death Causing Delay:
In case of a passenger’s death on board, the airline must clean the cabin, potentially causing flight delays.
6. Aircraft Damage by External Factors:
Aircraft damage due to extreme weather, foreign object impact, or intentional sabotage resulting in flight delays or cancellations.
7. Cyber Attacks:
Airlines experiencing cyber attacks or other network events, having complied with relevant cybersecurity regulations.
8. Sudden Government System Malfunction or Shutdown:
Unexpected cessation or malfunction of government systems directly affecting airline safety and flight operations.
9. Aircraft Brake Overheating:
Emergency response procedures triggered by safety incidents leading to overheating of the aircraft’s brake system affecting flight operations.
10. Airport Closure due to Severe Weather Conditions:
Airport closure due to factors like volcanic ash, strong winds, or wind shear, causing flight operations to be disrupted.
Despite the revised responsibility classifications for delays and cancellations, passengers’ refund rights remain unaffected.
As per DOT regulations, passengers who experience flight cancellations or significant delays or changes (domestic flights delayed or departing early by 3 hours, international flights by 6 hours) and opt for a refund are entitled to one if the delay was substantial, regardless of whether it was caused by the airline. Those not accepting rebooking, travel credits, vouchers, miles, or other alternative compensations can automatically receive a refund for their unused ticket.
Furthermore, airlines have the discretion to provide additional compensation. Lawyer Smith mentioned that some airlines empower employees to flexibly assist based on individual situations. Hence, in cases of flight delays or cancellations, passengers might politely inquire if the airline can provide meal vouchers or one night of hotel accommodation.
Katy Nastro, a travel expert from the real-time flight tracking platform Flighty, suggested that passengers consider choosing morning flights as they tend to have a 20% higher on-time arrival rate than afternoon or evening flights, reducing the risk of flight delays.
She also recommended purchasing travel insurance, advising passengers to verify if their credit cards already offer trip interruption insurance, which can cover extra costs due to flight changes, such as temporary accommodation expenses. Travel credit cards like the Capital One Venture X or Chase Sapphire Reserve often come with such insurance coverage.
Litigation lawyer Jamie E. Wright stated that in cases of flight delays or cancellations, passengers should screenshot the airline’s explanation of the delay; if no written explanation is provided, they should proactively inquire with ground staff or airline personnel. Recording without consent may be unlawful, so it is advised to seek permission beforehand, and passengers can ask if they can take pictures of any relevant documents provided by the airline staff as evidence.
This article was referenced from the global travel guide “Fodor’s Travel”.