In a year when delays and cancellations in air travel have become all too common, the question of refunds for delayed flights has become much more significant than in the past.
And mark the word 'significant,' because under U.S. rules, passengers are entitled to refunds for flights that are 'significantly' delayed. The problem is that the rule-making authority, the Department of Transportation, has left it up to the airlines to decide what that word 'significant' means.
Now, under pressure from passengers and politicians, DOT says it is ready to define the word and set a standard airlines will have to live with even if it doesn't make passengers especially happy.
In a new proposed rule, which is now out for comment before it can become final, it will mean that the flight left or arrived more than three hours behind schedule for domestic flights and six hours for international. Given those times, the rule would likely not affect many passengers; at that length of delay a cancellation (which also entitles a refund) is more likely.
Other conditions that would trigger a refund under the rule include one that changes the arrival or departure airport, or adds more connection to an itinerary, or a change of aircraft type "if it causes a significant downgrade in the air travel experience or amenities available onboard the flight." The last would apply mainly to premium customers switched to a plane with only economy seats.
And, looking ahead to any future pandemic, the rule would prohibit expiration dates on credits issued when borders are closed or a pandemic exists, and require cash refunds instead of credits if requested.
The rule is now open for public commentary on DOT's website for 90 days, after which the rule can go into effect.
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