Passengers' Bill of Rights Becomes Reality in Canada, What About U.S.?

Posted by Travel Sentry

If you’re looking for passenger rights, you’ll have to go to Canada. The Canadian government recently passed an airline Passengers’ Bill of Rights (PBOR). At least I know I am somebody in Canada.

Here’s some of the perks:

• Passengers are entitled to a meal voucher if the plane is delayed for four hours.


• If a flight is delayed for eight hours, passengers will receive a voucher for a hotel stay.


• If the delay occurs once the plane is boarded, passengers have the right to disembark after 90 minutes.

Part of the Canadian PBOR is focused on informing passengers of their rights. But regulations, even if you can recite them word for word to airline personnel, they are routinely ignored. No panacea for happy skies.

The biggest caveat in the PBOR is that notwithstanding anything in the bill, the airline is not responsible for acts of nature or the actions of third parties. That is an important get-out-of-jail card for any weather delays and a number of other causes for delays.

“That’s a blizzard-sized loophole for weather,” says Kate Hanni, executive
director of the Coalition for an Airline Passengers’ Bill of Rights, who has been lobbying for a PBOR in the U.S. ever since she was stuck on a parked plane in Austin, Texas, for nearly nine hours in December 2006. Still, she’s excited about the new program and believes that including a time limit for tarmac delays could be a game-changer: “The fact that they even mentioned 90 minutes is a huge step forward.” MSNBC

What about a U.S. Passenger Bill of Rights? Passengers here are just as frustrated as Canadians – I’m sure of it. It is the frustration that is driving some U.S. talks on passenger rights.

Here is the proposed Passengers' Bill of Rights from FlyersRights.org from the Coalition for and Airline Passengers' Bill of Rights.

• Establish procedures to respond to all passenger complaints within 24 hours and with appropriate resolution within 2 weeks.


• Notify passengers within ten minutes of a delay of known diversions, delays and cancellations via airport overhead announcement, on aircraft announcement, and posting on airport television monitors.


• Establish procedures for returning passengers to terminal gate when delays occur so that no plane sits on the tarmac for longer than three hours without connecting to a gate.


• Provide for the essential needs of passengers during air- or ground-based delays of longer than 3 hours, including food, water, sanitary facilities, and access to medical attention.


• Provide for the needs of disabled, elderly and special needs passengers by establishing procedures for assisting with the moving and retrieving of baggage, and the moving of passengers from one area of airport to another at all times by airline personnel.


• Publish and update monthly on the company’s public web site a list of chronically delayed flights, meaning those flight delayed thirty minutes or more, at least forty percent of the time, during a single month.


• Compensate “bumped” passengers or passengers delayed due to flight cancellations or postponements of over 12 hours by refund of 150% of ticket price .


• The formal implementation of a Passenger Review Committee, made up of non-airline executives and employees but rather passengers and consumers - that would have the formal ability to review and investigate complaints.


• Make lowest fare information, schedules and itineraries, cancellation policies and frequent flyer program requirements available in an easily accessed location and updated in real-time.


• Ensure that baggage is handled without delay or injury; if baggage is lost or misplaced, the airline shall notify customer of baggage status within 12 hours and provide compensation equal to current market value of baggage and its contents.


• Require that these rights apply equally to all airlines code-share partners, including international partners.

Now that's a Bill of Rights any passenger would be proud to have.