Talking Points – Involuntary Bumping on Airlines
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The following Talking Points can be used in conversations with the media and clients when discussing involuntary bumping of airline passengers. (Updated April 27, 2017)
1. While it is common practice for airlines to oversell flights, bumping of passengers is infrequent and primarily voluntary. Involuntary bumping of airline passengers is quite rare, and airlines are working to minimize their potential even further.
2. The United States Department of Transportation (DOT) has specific rules in place for involuntarily bumping airline passengers, including compensating them fairly.
3. We are here to assist our clients; the safety and well-being of our clients is our top priority.
Below you will find additional information, supporting material, and statistics supporting each talking point.
1. While it is common practice for airlines to oversell flights, bumping of passengers is infrequent and primarily voluntary. Involuntary bumping of airline passengers is quite rare, and airlines are working to minimize their potential even further.
On April 9, 2017, David Dao, a passenger on United flight 3411 headed from Chicago O’Hare to Louisville, Kentucky, was involuntarily bumped from the flight and was forcibly removed from the plane.
o A passenger on the flight told the Louisville Courier-Journal that “passengers were then told a computer would select four random passengers. A couple was selected and left, but when the man who was removed was selected, he contested, saying he was a doctor who needed to see patients Monday morning.”
o Oscar Munoz, CEO of United Airlines, told ABC News’ “Good Morning America” on April 12, “‘This will never happen again. We are not going to put a law enforcement official onto a plane to take them off …to remove a booked, paid, seated passenger. We can’t do that.’ The airline later announced that it would compensate everyone on board the flight for the full price of their ticket.”
According to the U.S. Bureau of Transportation Statistics, “carriers posted a bumping rate of 0.62 per 10,000 passengers in 2016, an improvement over the 0.73 rate posted in 2015 and the lowest annual rate based on historical data dating back to 1995.
o Bloomberg reports that “Last year, the 12 largest U.S. airlines bumped slightly more than 40,600 of 659.7 million passengers.”
The Associated Press reports that last year, “United forced 3,765 people off oversold flights and another 62,895 United passengers volunteered to give up their seats, probably in exchange for travel vouchers. That’s out of more than 86 million people who boarded a United flight in 2016, according to government figures. United ranks in the middle of U.S. carriers when it comes to bumping passengers.”
In the wake of the April 9 incident, Delta Air Lines and American Airlines updated their rules and policies with regard to bumping airline passengers:
o Delta: “Delta Air Lines is moving to make it easier to find customers willing to give up their seats. In an internal memo obtained [April 14] by The Associated
Press, Delta said gate agents can offer up to $2,000, up from a previous maximum of $800, and supervisors can offer up to $9,950, up from $1,350.”
o American: According to the Los Angeles Times, “American Airlines updated its rules to say that no passenger who has boarded the plane will be removed to give the seat to someone else.” However, the airline would not describe its limits on compensation levels for paying passengers.
On April 27, 2017, after a full review of the incident, United Airlines outlined 10 policy changes including:
o United will limit use of law enforcement to safety and security issues only.
o Customers already seated on the plane will not have to give up their seat involuntarily unless safety or security is at risk.
o Taking effect on April 28, United will increase customer compensation incentives for voluntary denied boarding up to $10,000.
o Later this year, United will introduce a new automated check-in process, both at the airport and via the United app, that will gauge a customer’s interest in giving up his or her seat on overbooked flights in exchange for compensation.
o United will reduce its amount of overbooking.
2. The United States Department of Transportation (DOT) has specific rules in place for involuntarily bumping airline passengers, including compensating them fairly.
According to the DOT, each airline is required to “give all passengers who are bumped involuntarily a written statement describing their rights and explaining how the carrier decides who gets on an oversold flight and who doesn’t. Those travelers who don’t get to fly are frequently entitled to denied boarding compensation in the form of a check or cash. The amount depends on the price of their ticket and the length of the delay.”
o If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
o If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
o If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).
o If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
In addition, the DOT rules state that “you always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an ‘involuntary refund’ for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.”
There are exceptions to the DOT rules and those include:
o To be eligible for compensation, you must have a confirmed reservation.
o Each airline has a check-in deadline, which is the amount of time before scheduled departure that you must present yourself to the airline at the airport. If you miss the check-in deadline, you may have lost your reservation and your right to compensation if the flight is oversold.
o As noted above, no compensation is due if the airline arranges substitute transportation which is scheduled to arrive at your destination within one hour of your originally scheduled arrival time.
o The rules do not apply to charter flights, or to scheduled flights operated with planes that hold fewer than 30 passengers. They don’t apply to international flights inbound to the United States, although some airlines on these routes may follow them voluntarily.
Also, if you are flying between two foreign cities — from Paris to Rome, for example — these rules will not apply. The European Commission has a rule on bumpings that occur in an EC country; ask the airline for details, or go to http://ec.europa.eu/transport/passengers/air/air_en.htm.
o Airlines set their own “boarding priorities” — the order in which they will bump different categories of passengers in an oversale situation.
When a flight is oversold and there are not enough volunteers, some airlines bump passengers with the lowest fares first.
Others bump the last passengers to check in.
Once you have purchased your ticket, the most effective way to reduce the risk of being bumped is to get to the airport early.
For passengers in the same fare class the last passengers to check in are usually the first to be bumped, even if they have met the check-in deadline. Allow extra time; assume that the roads are backed up, the parking lot is full, and there is a long line at the check-in counter.
o Airlines may offer free tickets or dollar-amount vouchers for future flights in place of a check for denied boarding compensation. However, if you are bumped involuntarily you have the right to insist on a check if that is your preference.
3. We are here to assist our clients; the safety and well-being of our clients is our top priority.
We are advocates for our clients; and they know that by working with a true travel professional, we are there for them before, during, and after their trip should they need us – which gives them peace of mind.
As travel professionals, we advise our clients on check-in procedures, airport security policies and boarding information, to help manage expectations and ensure they get through the airport as quickly and efficiently as possible.
Our business is founded on repeat customers. Therefore, we want to be sure everything goes off without a hitch.
