How to get compensation from an airline for cancelled/overbooked/delayed US domestic flight?
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How to get compensation from an airline for cancelled/overbooked/delayed US domestic flight?
Asked on August 5, 2015 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Review the terms of sale or use for the ticket (available either on the ticket and/or on the airline's website): if they limit your ability to receive compensation for overbooking, cancellations, delays, etc. those limitations, to which you are held to have agreed by buying the tickets subject to those terms, are legal and enforceable, and you will not be able to get any compensation other than any amounts the airline might choose to give you (or which the terms of service or sale state you are entitled to).
If there are no such limitations, you could try suing the airline, but you may not get enough to make it worthwhile, since you can't recover for inconvenience, but only for provable losses. So, say your flight was overbooked and you had to take a flight 6 hours later. If you missed the departure of a cruise ship, you could possibly recover for any amounts spent/lost on the cruise; but if you "merely" had to spend 6 hours in an airport and lost a few hours of leisure, you would not recover anything.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Review the terms of sale or use for the ticket (available either on the ticket and/or on the airline's website): if they limit your ability to receive compensation for overbooking, cancellations, delays, etc. those limitations, to which you are held to have agreed by buying the tickets subject to those terms, are legal and enforceable, and you will not be able to get any compensation other than any amounts the airline might choose to give you (or which the terms of service or sale state you are entitled to).
If there are no such limitations, you could try suing the airline, but you may not get enough to make it worthwhile, since you can't recover for inconvenience, but only for provable losses. So, say your flight was overbooked and you had to take a flight 6 hours later. If you missed the departure of a cruise ship, you could possibly recover for any amounts spent/lost on the cruise; but if you "merely" had to spend 6 hours in an airport and lost a few hours of leisure, you would not recover anything.
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