It’s evident that this regulation encloses various scenarios, each deserving of a brief explanation:

Cancelled or significantly changed flights: Passengers qualify for a refund if their flight is cancelled or significantly changed and they do not accept alternative transportation or travel credits offered. In these cases airlines are also required to provide prompt notifications to consumers of their right to a refund of the ticket and extra service fees, as well as any related policies.

To aid readers’ understanding, a “significant change” occurs when: a) the departure or arrival times are delayed by more than 3 hours domestically and 6 hours internationally; b) the flight departs from or arrives at a different airport than scheduled; c) passengers are downgraded to a lower class of service (this includes flights on different planes that are less accessible or accommodating to a person with a disability).

–     Significantly delayed baggage return: Passengers who submit a report for mishandled baggage will be eligible for a refund of their checked bag fee if their baggage is not delivered within 12 hours after their domestic flight arrives at the gate, or within 15-30 hours after their international flight arrives at the gate, varying according to the flight duration.

–     Extra services not provided: Passengers will be entitled to a refund for the fee they paid for an extra service — such as Wi-Fi, seat selection, or inflight entertainment — if an airline fails to provide this service.

–     Government or medical restriction to flight due to serious communicable diseases: In such cases, airlines are required to issue travel credits or vouchers, which must be transferable and remain valid for at least five years from the date of issuance.

COMAPRATIVE SYSTEMS: EU261 AND DOT REGULATION.

Even if the EU Regulation 261 (EU261) embraces similar scenarios (flight delays, cancellations, or denied boarding when traveling within, to, or from the European Union) there are some differences with the DOT Regulation which are worth be explained.

First of all the right of compensation –  which amount rages from €250 to €600 according to the flight distance – is not always automatic under the EU261 and could be neglected when an exceptional circumstance, beyond the control of the air carrier, is proved.

A schematic but not exhaustive list of these events is provided by the regulation itself under (14) of the “Whereas” (i.e. “political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier”) and implemented by Court’s Judgments all over Europe

However, even if an exceptional circumstance occurs – and this surely reflects what’s stated in the DOT Regulation – EU261 obliges airlines to offer assistance such as meals, refreshments, accommodation, full refund of the unused tickets or free reprotection flight.

This basically shows that the European legislator has a greater inclination towards balancing the rights of passengers and airlines, always recognizing basic rights to the first (again: meals, refreshments, accommodation etc.)  and, on the other hand, granting the right of a proper defence to the latter (i.e. proving the exceptional circumstance).