Fly-Rights continued...
Smoking
On U.S. airlines, you are guaranteed a no-smoking seat worldwide.
Under U.S. government rules, smoking is prohibited on all domestic
scheduled-service flights except for flights over six hours to or from
Alaska or Hawaii. This ban applies to domestic segments of international
flights, on both U.S. and foreign airlines (e.g., the Chicago / New York
leg of a flight that operates Chicago/ New York / London). The ban does
not apply to nonstop international flights, even during the time that
they are in U.S. airspace (e.g., a Chicago / London flight). The
prohibition applies in the passenger cabin and lavatories, but not in
the cockpit.
Smoking is also banned on other scheduled-service flights by U.S.
airlines that are operated with planes seating fewer than 30 passengers
(e.g., certain commuter flights to Canada, Mexico and the Caribbean).
Cigar and pipe smoking is banned on all U.S.-carrier flights (scheduled
and charter, domestic and international).
The following rules apply to U.S. airlines on flights where smoking is
not banned (e.g. international flights, domestic charter flights). These
regulations do not apply to foreign airlines; however, most of them
provide non-smoking sections (although they may not guarantee seating
there or expand the section).
The airline must provide a seat in a non-smoking section to every
passenger who asks for one, as long as the passenger complies with the
carrier's seat assignment deadline and procedures. (Standby passengers
do not have this right.)
If necessary, the airline must expand the non- smoking section to
accommodate the passengers described above.
The airline does not have to provide a non-smoking seat of the
passenger's choice. It doesn't have to seat you with your traveling
companion, and you don't have the right to specify a window or aisle
non- smoking seat. Also, the airline is not required by this rule to
provide advance seat assignments before the flight date in the
non-smoking section, as long as they get you into the non-smoking
section on the day of your flight.
The flight crew must act to keep passengers from smoking in the
non-smoking sections. However, smoke that drifts from the smoking
section into the non-smoking section does not constitute a violation.
No smoking is allowed while an aircraft is on the ground or when the
ventilation system is not fully functioning.
Carriers are not required to have a smoking section. An airline is free
to ban smoking on a particular flight, or on all of its flights.
None of the regulations described in this chapter apply to charter
flights performed with small aircraft by on-demand air taxi operators.
Passengers with Disabilities
Over 40 million Americans have disabilities. The Air Carrier Access Act
and the DOT rule that implements it set out procedures designed to
ensure that these individuals have the same opportunity as anyone else
to enjoy a pleasant flight. Here are some of the major provisions of the
rule.
A person may not be refused transportation on the basis of disability or
be required to have an attendant or produce a medical certificate,
except in certain limited circumstances specified in the rule.
Airlines must provide enplaning, deplaning and connecting assistance,
including both personnel and equipment. (Some small commuter aircraft
may not be accessible to passengers with severe mobility impairments.
When making plans to fly to small cities, such passengers should check
on the aircraft type and its accessibility.)
Airport terminals and airline reservations centers must have TDD
telephone devices for persons with hearing or speech impairments.
Passengers with vision or hearing impairments must have timely access to
the same information given to other passengers at the airport or on the
plane concerning gate assignments, delayed flights, safety, etc.
New widebody aircraft must have a wheelchair- accessible lavatory and an
on-board wheelchair. Airlines must put an on-board wheelchair on most
other flights upon a passenger's request (48 hours' notice required).
Air carriers must accept wheelchairs as checked baggage, and cannot
require passengers to sign liability waivers for them (except for
pre-existing damage).
Most new airplanes must have movable armrests on half the aisle seats,
and on-board stowage for one folding passenger wheelchair.
Carriers must allow service animals to accompany passengers in the
cabin, as long as they don't block the aisle or other emergency
evacuation route.
FAA safety rules establish standards for passengers allowed to sit in
emergency exit rows; such persons must be able to perform certain
evacuation-related functions.
FAA rules also prohibit passengers from bringing their own oxygen. Most
airlines will provide aircraft-approved oxygen for a fee, but aren't
required to.
Airlines may not charge for services that are required by this rule.
Airlines must make available a specially-trained Complaints Resolution
Official if a dispute arises. There must be a copy of the DOT rule at
every airport.
It's wise to call the airline again before your trip to reconfirm any
assistance that you have requested. For additional details, see Other
Sources of Information at the end of this pamphlet for information on
ordering the booklet New Horizons for the Air Traveler with a
Disability.
Frequent-Flyer Programs
Virtually all major U.S. airlines have a frequent-flyer plan, and many
foreign carriers are starting them. These programs allow you to earn
free trips, upgrades (e.g., from Coach to First Class) or other awards
based on how often you fly on that airline. In some programs you can
earn credit by using specified hotels, rental car companies, credit
cards, etc.
It doesn't cost anything to join a program, and you can enroll in the
programs of any number of different airlines. However, it may not be to
your advantage to put all your eggs in one basket with one plan by
accumulating a high mileage balance only to find out later that another
carrier's program suits your needs better. Here are some things to look
at when selecting a frequent-flyer program.
Does the airline fly where you're likely to want to go?
Are there tie-ins with other carriers, especially those with
international routes? Is some of the airline's service provided by
commuter-carrier partners? In both cases, can you earn credits and use
awards on those other airlines?
How many miles (or trips) are required for particular awards?
Is there a minimum award per flight (e.g., you are only flying 200 miles
but the airline always awards at least 500)?
Is there a deadline for using accumulated miles?
Carefully examine the number and length of any blackout periods during
which awards cannot be used. On some carriers, the Thanksgiving
blackout may last a week.
If you are planning a big trip and are thinking about joining that
airline's frequent-flyer program, enroll before you travel. Airlines
usually won't credit mileage that was flown before you became a member.
After you join a program, there are other things that you should know:
Is there a deadline for using accumulated miles?
Airlines reserve the right to make changes to their programs, sometimes
on short notice. The number of miles required for particular awards
might be raised, requiring you to use your old mileage (i.e., your
current balance) under the more restrictive new rules. The airline may
cease service on a route that you were particularly interested in or it
may drop the city you live in! The carrier may eliminate attractive
frequent-flyer tie-ins with particular airlines or hotel chains.
Cashing in your mileage frequently will limit your losses in case the
carrier changes the rules, merges, or goes out of business. (Some
private companies sell insurance covering some of these eventualities.)
Accumulating a larger mileage balance will entitle you to bigger awards,
however.
Carriers often limit the number of seats on each flight for which
frequent-flyer awards can be used. You may not be able to get
reservations on your first- or second-choice dates or flights.
Awards can often be issued in the name of immediate family members.
However, if you sell or give an award to someone not named on the award
or the travel document and the airline finds out, the recipient could
have his or her ticket confiscated, and the carrier may penalize the
program member's account balance.
Ask the airline how mileage is registered; you will probably have to
identify yourself as a program member when you book your flight or when
you check in.
Keep your boarding passes and the passenger coupon of your ticket until
you receive a statement from the frequent-flyer program reflecting the
correct mileage earnings for that trip. If a problem arises, get the
names of the people you speak with and keep notes of your conversations.
Contract Terms
Throughout this booklet, we have tried to provide you general
information about airline travel. It is important to realize, however,
that each airline has specific rules that make up your contract of
carriage. These rules may differ among carriers. They include provisions
such as check-in deadlines, refund procedures, responsibility for
delayed flights, and many other things.
Domestic Travel
For domestic travel, an airline may provide all of its contract terms on
or with your ticket at the time you buy it. Many small commuter carriers
use this system. Other airlines may elect to incorporate terms by
reference. This means that you are not given all the airline's rules
with your ticket most of them are contained in a separate document which
you can inspect on request.
If an airline elects to incorporate by reference it must provide
conspicuous written notice with each ticket that:
1) it incorporates terms by reference, and
2) these terms may include liability limitations, claim-filing
deadlines, check-in deadlines, and certain other key terms.
The airline must also:
Ensure that passengers can receive an explanation of key terms
identified on the ticket from any location where the carrier's tickets
are sold, including travel agencies;
Make available for inspection the full text of its contract of carriage
at each of its own airport and city ticket offices;
Mail a free copy of the full text of its contract of carriage upon
request.
There are additional notice requirements for contract terms that affect
your air fare. Airlines must provide a conspicuous written notice on or
with the ticket concerning any incorporated contract terms that:
Restrict refunds;
Impose monetary penalties; or
Permit the airline to raise the price after you've bought the ticket.
If an airline incorporates contract terms by reference and fails to
provide the required notice about a particular rule, the passenger will
not be bound by that rule.
International Travel
Not all of the detailed requirements for disclosing domestic contract
terms apply to international travel. Airlines file tariff rules with the
government for this transportation. Passengers are generally bound by
these rules whether or not they receive actual notice about them.
Every international airline must keep a copy of its tariff rules at its
airport and city ticket offices. You have a right to examine these
rules. The airline agents must answer your questions about information
in the tariff, and they must help you locate specific tariff rules, if
necessary. If the airline keeps its tariff in a computer rather than on
paper, there are additional disclosure requirements which are similar to
those for domestic contract terms.
The most important point to remember, whether your travel is domestic or
international, is that you should not be afraid to ask questions about a
carrier's rules. You have a right to know the terms of your contract of
carriage. It is in your best interest, as well as that of the airline,
for you to ask in advance about any matters of uncertainty.
Travel Scams
Unlike most products, travel services usually have to be paid for before
they are delivered. This creates opportunities for disreputable
individuals and companies. Some travel packages turn out to be very
different from what was presented or what the consumer expected. Some
don't materialize at all!
If you receive an offer by phone or mail for a free or extremely
low-priced vacation trip to a popular destination (often Hawaii or
Florida), there are a few things you should look for:
Does the price seem too good to be true? If so, it probably is.
Are you asked to give your credit card number over the phone?
Are you pressured to make an immediate decision?
Is the carrier simply identified as a major airline, or does the
representative offer a collection of airlines without being able to say
which one you will be on?
Is the representative unable or unwilling to give you a street address
for the company?
Are you told you can't leave for at least two months? (The deadline for
disputing a credit card charge is 60 days, and most scam artists know
this.)
If you encounter any of these symptoms, proceed cautiously. Ask for
written information to be sent to you; any legitimate travel company
will be happy to oblige. If they don't have a brochure, ask for a day or
two to think it over; most bona fide deals that are good today will
still be good two days from now. If they say no to both requests, this
probably isn't the trip for you. Some other advice:
If you are told that you've won a free vacation, ask if you have to buy
something else in order to get it. Some packages have promoted free air
fare, as long as you buy expensive hotel arrangements. Others include a
free hotel stay, but no air fare.
If you are seriously considering the vacation offer and are confident
you have established the full price you will pay, compare the offer to
what you might obtain elsewhere. Frequently, the appeal of free air fare
or free accommodations disguises the fact that the total price is still
higher than that of a regular package tour.
Get a confirmed departure date, in writing, before you pay anything. Eye
skeptically any promises that an acceptable date will be arranged later.
If the package involves standby or waitlist travel, or a reservation
that can only be provided much later, ask if your payment is refundable
if you want to cancel, and don't pay any money you can't afford to lose.
If the destination is a beach resort, ask the seller how far the hotel
is from the beach. Then ask the hotel.
Determine the complete cost of the trip in dollars, including all
service charges, taxes, processing fees, etc.
If you decide to buy the trip after checking it out, paying by credit
card gives you certain legal rights to pursue a chargeback (credit) if
promised services aren't delivered.
For further advice, see Other Sources of Information at the end of this
brochure for details on how to order the Federal Trade Commission's
pamphlet Telemarketing Travel Fraud.
To Your Health
Flying is a routine activity for millions of Americans, and raises no
health considerations for the great majority of them. However, there are
certain things you can do to ensure that your flight is as comfortable
as possible.
Changes in pressure can temporarily block the Eustachian tube, causing
your ears to pop' or to experience a sensation of fullness. To equalize
the pressure, swallow frequently; chewing gum sometimes helps. Yawning
is also effective. Avoid sleeping during descent; you may not swallow
often enough to keep ahead of the pressure change.
If yawning or swallowing doesn't help, use the valsalva maneuver':
Pinch your nostrils shut, then breathe in a mouthful of air.
Using only your cheek and throat muscles, force air into the back of
your nose as if you were trying to blow your thumb and finger off your
nostrils.
Be very gentle and blow in short successive attempts. When you hear or
feel a pop in your ears, you have succeeded. Never force air from your
lungs or abdomen (diaphragm); this can create pressures that are too
intense.
Babies are especially troubled by these pressure changes during descent.
Having them feed from a bottle or suck on a pacifier will often provide
relief.
Avoid flying if you have recently had abdominal, eye or oral surgery,
including a root canal. The pressure changes that occur during climb and
descent can result in discomfort.
If you have an upper respiratory or sinus infection, you may also
experience discomfort resulting from pressure changes. Postpone your
trip if possible. (Check to see if your fare has cancellation or change
penalties.)
A final tip on pressure changes: they cause your feet to swell. Try not
to wear new or tight shoes while flying.
Airliner air is dry; if you wear contact lenses, blink often and limit
reading.
Alcohol and coffee both have a drying effect on the body. Airliner cabin
air is relatively dry to begin with, and the combination can increase
your chances of contracting a respiratory infection. If you wear contact
lenses, the low cabin humidity and/or consumption of alcohol or coffee
can reduce your tear volume, leading to discomfort if you don't blink
often enough. Lens wearers should clean their lenses thoroughly before
the flight, use lubricating eye drops during the flight, read in
intervals, and take the lenses out if they nap. (This may not apply to
extended wear lenses; consult your practitioner.)
If you take prescription medications, bring enough to last through your
trip. Take along a copy of the prescription, or your doctor's name and
telephone number, in case the medication is lost or stolen. The medicine
should be in the original prescription bottle in order to avoid
questions at security or Customs inspections. Carry it in a pocket or a
carry-on bag; don't pack it in a checked bag, in case the bag is lost.
You can minimize the effects of jet lag in several ways:
Get several good nights' sleep before your trip.
Try to take a flight that arrives at night, so you can go straight to
bed.
Sleep on the plane (although not during descent).
During the flight do isometric exercises, eat lightly, and drink little
or no alcohol.
Try to use a rest room in the airport terminal before departure. On some
flights the cabin crew begins beverage service shortly after the Fasten
Seat Belts sign is turned off, and the serving cart may block access to
the lavatories.
Airline Saftety
Air travel is so safe you'll probably never have to use any of the
advice we're about to give you. But if you ever do need it, this
information could save your life.
Airline passengers usually take safety for granted when they board an
airplane. They tune out the crew's pre-flight announcements or reach for
a magazine instead of the cards that show how to open the emergency exit
and what to do if the oxygen mask drops down. Because of this, people
are needlessly hurt or killed in accidents they could have survived.
Every time you board a plane, here are some things you should do:
Be reasonable about the amount of carry-on luggage that you bring. FAA
rules require airlines to limit the amount of carry-on baggage, and if
you try to carry too much with you, the crew may insist that you check
in some items. (There is no universal limit; it depends on the aircraft
type and the passenger load.) A bag that is not properly stowed could
turn into an unguided missile in an accident or block the aisles during
an evacuation.
Count the number of rows to the nearest emergency exit.
Be careful about what you put into the storage bins over your seat.
Their doors may pop open during an accident or even a hard landing,
spilling their contents. Also, passengers in aisle seats have been
injured by heavy items falling out of these compartments when people are
stowing or retrieving belongings at the beginning or end of a flight.
Please be considerate of others and put hard, heavy items under the seat
in front of you; save the overhead bins for coats, hats, and small, soft
bags.
As soon as you sit down, fasten and unfasten your seat belt a couple of
times. Watch how it works. There are several kinds of belts, and in an
emergency you don't want to waste time fumbling with the buckle.
Before take-off, there will be a briefing about safety procedures,
pointing out emergency exits and explaining seat belts, life vests and
oxygen masks. Listen carefully and if there's anything you don't
understand ask the flight attendants for help.
The plastic card in the seat pocket in front of you will review some of
the safety information announced by the flight attendant. Read it. It
also tells you about emergency exits and how to find and use emergency
equipment such as oxygen masks.
As you're reading the card look for your closest emergency exit, and
count the number of rows between yourself and this exit. Remember, the
losest exit may be behind you. Have a second escape route planned in
case the nearest exit is blocked. This is important because people
sometimes head for the door they used to board the plane, usually in the
front of the first class cabin. This wastes time and blocks the aisles.
Oxygen masks aren't the same on all planes. Sometimes they drop down in
front of you. On some aircraft, however, you'll have to pull them out of
a compartment in front of your seat. In either case, you must tug the
plastic tube slightly to get the oxygen flowing. If you don't understand
the instructions about how the mask works, ask a flight attendant to
explain it to you.
When the plane is safely in the air and has reached its cruising level,
the pilot usually turns off the fasten seat belt sign. He or she usually
suggests that passengers keep their belts buckled anyway during the
flight in case the plane hits rough air. Just as seat belts should
always be worn in cars, they should always be fastened in airplanes.
If you are ever in an air accident, you should remember these things:
Stay calm.
Listen to the crew members and do what they say. The cabin crew's most
important job is to help you leave safely.
Before you try to open any emergency exit yourself, look outside the
window. If you see a fire outside the door, don't open it or the flames
may spread into the cabin. Try to use your alternate escape route.
Remember, smoke rises. So try to stay down if there's smoke in the
cabin. Follow the track of emergency lights embedded in the floor; they
lead to an exit. If you have a cloth, put it over your nose and mouth.
After an air accident, the National Transportation Safety Board always
talks to survivors to try to learn why they were able to make it through
safely. They've discovered that, as a rule, it does help to be prepared.
Avoiding serious injury or surviving an air accident isn't just a matter
of luck; it's also a matter of being informed and thinking ahead.
Are you one of those people who jumps up as soon as the plane lands,
gathers up coat, suitcase and briefcase, and gets ready to sprint while
the plane is still moving? If so, resist the urge. Planes sometimes make
sudden stops when they are taxiing to the airport gate, and passengers
have been injured when they were thrown onto a seat back or the edge of
a door to an overhead bin. Stay in your seat with your belt buckled
until the plane comes to a complete halt and the fasten seat belt' sign
is turned off.
Never smoke in airplane restrooms. Smoking was banned in all but the
designated smoking sections after an accident killed 116 people in only
4 minutes, apparently because a careless smoker left a burning cigarette
butt in the trash bin. There is a penalty of up to $2,000 for disabling
a lavatory smoke detector. Also, don't smoke in the aisle. If there is a
sudden bump you could stumble and burn yourself or another passenger.
Lit cigarettes have also flown out of passengers' hands and rolled under
seats.
Complaining
When passengers comment on airline service, most airlines do listen.
They analyze and keep track of the complaints and compliments they
receive and use the information to determine what the public wants and
to identify problem areas that need special attention. They also try to
resolve individual complaints.
Like other businesses, airlines have a lot of discretion in how they
respond to problems. While you do have some rights as a passenger, your
demands for compensation will probably be subject to negotiation and the
kind of action you get depends in large part on the way you go about
complaining.
Start with the airline. Before you call or write to DOT or some other
agency for help with an air travel problem, you should give the airline
a chance to resolve it.
As a rule, airlines have trouble-shooters at the airports (they're
usually called Customer Service Representatives) who can take care of
many problems on the spot. They can arrange meals and hotel rooms for
stranded passengers, write checks for denied boarding compensation,
arrange luggage repairs and settle other routine claims or complaints
that involve relatively small amounts of money.
A complaint letter should always include a daytime phone number.
If you can't resolve the problem at the airport and want to file a
complaint, it's best to call or write the airline's consumer office at
its corporate headquarters. Take notes at the time the incident occurs
and jot down the names of the carrier em- ployees with whom you dealt.
Keep all of your travel documents (ticket receipts, baggage check stubs,
boarding passes, etc.) as well as receipts for any out-of-pocket
expenses that were incurred as a result of the mishandling. Here are
some helpful tips should you choose to write a letter.
Type the letter and, if at all possible, limit it to one page in length.
Include your daytime telephone number (with area code).
No matter how angry you might be, keep your letter businesslike in tone
and don't exaggerate what happened. If the complaint sounds very
vehement or sarcastic, you might wait a day and then consider rewriting
it.
Describe what happened, and give dates, cities, and flight numbers or
flight times.
Send copies, never the originals, of tickets and receipts or other
documents that can back up your claim.
Include the names of any employees who were rude or made things worse,
as well as anyone who might have been especially helpful.
Don't clutter up your complaint with petty gripes that can obscure what
you're really angry about.
Let the airline know if you've suffered any special inconvenience or
monetary losses.
Say just what you expect the carrier to do to make amends. An airline
may offer to settle your claim with a check or some other kind of
compensation, possibly free transportation. You might want a written
apology from a rude employee or reimbursement for some loss you incurred
but the airline needs to know what you want before it can decide what
action to take.
Be reasonable. If your demands are way out of line, your letter might
earn you a polite apology and a place in the airline's crank files.
If you follow these guidelines, the airlines will probably treat your
complaint seriously. Your letter will help them to determine what caused
your problem, as well as to suggest actions the company can take to keep
the same thing from happening to other people.
Contacting the Department of Transportation
If you need assistance or want to put your complaint about an airline on
record with DOT, call the Office of Consumer Affairs at (202) 366-2220
or write:
Office of Consumer Affairs, I-25
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
If you choose to write, please be sure to include your address and a
daytime telephone number, with area code.
We can provide information about what rights you may or may not have
under Federal laws. If your complaint was not properly handled by the
airline, we will contact them and get back to you.
Letters from consumers help us spot problem areas and trends in the
airline industry. We use our complaint files to document the need for
changes in DOT's consumer protection regulations and, where warranted,
as the basis for enforcement action. In addition, every month we publish
a report with information about the number of complaints we receive
about each airline and what problems people are having. You can write or
call us for a free single copy of this Air Travel Consumer Report, which
also has statistics that the airlines file with us on flight delays,
oversales and mishandled baggage.
If your complaint is about something you feel is a safety or security
hazard, write to the Federal Aviation Administration:
Community and Consumer Liaison
Division, APA-200
Federal Aviation Administration
800 Independence Avenue, S.W.
Washington, D.C. 20591
or call: (800) FAA-SURE. After office hours, if you want to report
something that you believe is a serious safety hazard, call the Aviation
Safety Hotline at 1-800-255-1111.
Local consumer help programs
In most communities there are consumer help groups that try to mediate
complaints about businesses, including airlines and travel agencies.
Most state governments have a special office that investigates consumer
problems and complaints. Sometimes it is a separate division in the
governor's or state attorney general's office. Check your telephone book
under the state government's listing.
Many cities and counties have consumer affairs departments that handle
complaints. Often you can register your complaint and get information
over the phone or in person.
A number of newspapers and radio or TV stations operate Hot Lines or
Action Lines where individual consumers can get help. Consumer
reporters, with the help of volunteers, try to mediate complaints and
may report the results as a news item. The possible publicity encourages
companies to take fast action on consumer problems when they are
referred by the media. Some Action Lines, however, may not be able to
handle every complaint they receive. They often select the most severe
problems or those that are most representative of the kinds of
complaints they receive.
Your last resort
If nothing else works, small claims court might be the best way for you
to help yourself. Many cities have these courts to settle disputes
involving relatively small amounts of money and to reduce the red tape
and expense that people generally fear when they sue someone. An airline
can generally be sued in small claims court in any jurisdiction where it
operates flights or does business.
You can usually get the details of how to use the small claims court in
your community by contacting your city or county office of consumer
affairs, or the clerk of the court. As a rule, small claims court costs
are low, you don't need a lawyer, and the procedures are much less
formal and intimidating than they are in most other types of courts.
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