Uncovering the Whole Truth About Airlines and Your Passenger Rights : Compensation: Consumers don’t have much real protection when something goes wrong on a trip. What you get usually comes from what you can negotiate.

A while back, I stood impatiently in an airport line behind an argumentative chap who insisted that American Airlines owed him five bucks. His plane had arrived four hours late from the Caribbean, and he figured this was the extra fee he would have to pay to retrieve his car from the parking lot. “No,” said a polite ticket clerk, who had to repeat himself a dozen times before the guy finally gave up.

What does an airline owe its passengers if something goes awry on a trip?

In truth, not a whole lot, which is made evident in a new report, “Air Travel: Passengers Could Be Better Informed of Their Rights,” released by the General Accounting Office. As the report notes, the airlines must comply with certain Department of Transportation regulations protecting passenger rights. Otherwise, the airlines are allowed to establish their own guidelines for compensating complaining passengers, and these policies vary by carrier. Often what you get is only what you are able to negotiate.

For an ordinary traveler, determining one’s rights can be a difficult and time-consuming chore. Department of Transportation consumer-protection measures are detailed in a booklet called “Fly-Rights,” although the GAO report contends it is outdated--it was last revised in 1985--and not as easily obtainable as it should be. Many popular guidebook series also list some air travelers’ rights.

The varying policies of individual airlines are spelled out in what are called “contracts of carriage,” often lengthy and complex documents that anybody but a lawyer may find difficult to read. They should be available in airline ticket offices and at airport check-in counters. In addition, some airlines list selected rules on the back of their tickets or in their flight timetables. Airline ticket clerks also can answer questions about a carrier’s compensation policies. But don’t expect the “contracts of carriage” to be generous in terms of passenger compensation.

“By and large, they are designed to protect the airlines,” says Paul Ruden, senior vice president of the American Society of Travel Agents, the organization’s legal specialist. “They are designed not to give you rights but to limit your rights.”

Knowing what you are entitled to--and what you may have to negotiate for--can help you obtain just compensation if something goes wrong on your next flight. Where federal rules apply, you can expect to have the Department of Transportation’s help in resolving your complaint. Otherwise, you probably will be on your own in a dispute with an airline. Usually you can negotiate with airlines, but in some situations you may find it necessary to sue, perhaps in small-claims court.

Department of Transportation regulations for domestic flights are specific about what air travelers are entitled to if baggage is lost or passengers are “bumped”--that is, denied boarding involuntarily because the flight is overbooked. Under federal law, says the GAO, the Department of Transportation is “the primary agency responsible for airline consumer protection.”

Lost luggage: On domestic flights, an airline must pay up to $1,250 per traveler for lost luggage, provided the missing items you report were worth that much (at a depreciated value). Airlines, however, establish their own procedures and time frames for processing a loss complaint, and they can exempt jewelry, cash and photography equipment. Anyone planning to pack these items should consider purchasing “excess value” baggage insurance, which costs between 50 cents and $2 for each $100 of additional coverage.

The liability limit for lost luggage on international flights--established by international agreement--is $9.07 per pound for each checked bag to a maximum of $640 per bag (for a 70-pound bag). However, many medium-sized suitcases weigh no more than 30 pounds when full, which means you are entitled to less than $275 if the bag is lost.

Overbooked flights: If an airline has overbooked a domestic flight, it is required by federal law to solicit volunteers willing to take a later flight. The airline, however, is not obligated to compensate the volunteer, but of course all carriers do so, usually by offering cash or free trips. The amount varies, usually depending on how much it takes to get the necessary number of passengers to volunteer.

However, if passengers are bumped involuntarily, the law specifies the amount of compensation. As the GAO report points out:

--Passengers who are delayed more than two hours are entitled to twice the value of their one-way fare, up to a maximum of $400.

--Passengers who are delayed between one and two hours are entitled to the value of their one-way fare, up to a maximum of $200.

--Passengers delayed less than an hour are entitled to nothing. There are some caveats. The airlines are required to pay compensation only if you have met their deadline for check-in, which may be 10 minutes or more before departure on domestic flights and 30 minutes on international flights. Charter flights and flights on planes built to hold 60 or fewer passengers are exempt from the rules. And the airlines don’t have to pay a penny if bumping is caused not by overbooking but by the substitution of a smaller aircraft for operational or safety reasons.

On international flights, bumped passengers who are delayed more than four hours are entitled to twice the value of their one-way fare, again up to a maximum of $400. But this is true only for departures from the United States. The federal rules do not apply for flights departing a foreign airport bound for this country, although some carriers reportedly have provided standard compensation when forced to bump.

One major nonregulated concern is the services--if any--that a carrier provides its passengers when a flight is delayed, canceled or diverted. Some airlines detail specific compensation in their contracts of carriage, but the report found that others are “vague” or ignore the subject completely. Contrary to popular belief, the government does not require airlines to provide amenities--such as overnight lodging, meals or telephone calls--if a passenger is stranded in an airport because of a missed connection. The Department of Transportation considers this an appropriate policy, says the GAO, because “airline flights are uniquely susceptible to such safety factors as weather and mechanical problems.”

So what’s a passenger who has been inconvenienced by a flight delay to do?

If you know that the airline’s contract of carriage specifies certain amenities, speak up for them. If you don’t know one way or the other, speak up anyway for what you consider reasonable compensation. Sometimes an airline will volunteer such relief, but not always. I have been on much-delayed flights where only those passengers who asked got free lunch vouchers.

In a dispute with an airline clerk, ask to see a copy of the contract of carriage, or to be informed about what amenities or compensation the contract specifies--if any--in your situation.

“Be assertive,” recommends the Aviation Consumer Action Project.

Two inexpensive and very informative guides to air passenger rights are available. “Fly-Rights” is a 32-page pamphlet prepared by the Department of Transportation. Though somewhat dated, it still contains very valuable advice on such traveler concerns as air fares, delayed and canceled flights, overbooking, lost and damaged luggage and airline safety. The GAO report has prompted the department to initiate a current revision, but no deadline for publication has been set. For a copy of the 1985 version, send $1 to the Consumer Information Center, Catalogue 146X, P.O. Box 100, Pueblo, Colo. 81002.

DOT’s Office of Consumer Affairs has also published five fact sheets called “Plane Talk” that, in effect, partially update “Fly-Rights.” They are: “Tips on Avoiding Baggage Problems,” “Public Charter Flights,” “Frequent Flyer Programs,” “Transporting Live Animals” and “Tips for Defensive Flying,” a guide to avoiding common problems in air travel. For a copy of one or all of them, write Office of Consumer Affairs, Department of Transportation, I-25, Washington, D.C. 20590. Specify which fact sheets you want.

“Facts & Advice for Airline Passengers,” a 23-page brochure, was published earlier this year by the Aviation Consumer Action Project. It addresses traveler rights as well as such issues as “constructive complaining” and how to find the best fare. For a copy, send $2 to the Aviation Consumer Action Project, 2000 P St. N.W., Suite 700, Washington, D.C. 20036.

Air travelers with a consumer complaint can contact the Office of Consumer Affairs of the Department of Transportation--preferably after attempting to resolve any problem with the airline directly. The office can provide advice on traveler rights under federal law, and it may contact the airline with which you are in dispute. The number is (202) 366-2220.