Passenger Rights Expert: 'US Has Long Way To Go To Match Passenger Protections in Other Parts of the World'

It’s no secret that the airline industry is opposed to requirements proposed by the Biden Administration that would involve compensating passengers for carrier-caused flight disruptions.

Earlier this month, major U.S. carriers asked the Transportation Department to abandon a review launched in December by the Biden Administration into potential disruption compensation for consumers.

Airlines for America, a trade group representing American Airlines, Delta Air Lines, United Airlines, and others, appealed to the Trump administration to put an end to the proposed Biden measure, which if adopted, would require cash payments for travelers, just as the carriers are already doing in the Europe Union and in Canada.

In making the appeal, the trade group said: ”Airlines do not need further incentive to provide quality service.” Furthermore, the group argues that the USDOT lacks legal authority to roll out such a requirement.

As Napoli explains it, Americans are more frustrated and nervous about flying than ever. It's a reality that has likely been exacerbated by recent events in the United States, including a fatal crash of American Airlines flight 5342 in Washington D.C. in January and more than a few near misses among planes in recent weeks.

At a time like this, it’s more important than ever to strengthen passenger rights, says Napoli.

But more than that, Napoli stressed that Americans should get the same protections as those already afforded consumers in numerous other countries.

“Americans deserve to be treated fairly when traveling,” Napoli explained. “Air passenger rights laws work well in Europe, as well as other countries such as the UK, Canada, Turkey and more recently Saudi Arabia.”

It’s also important to make clear that the same US airlines that are now seeking to block and roll back Biden Administration consumer protection measures in this country “are not only familiar with these laws, but also comply with them,” Napoli added.

These same types of measures have been successful abroad and enjoy widespread support. Moreover, the U.S. risks falling behind if these types of policies are not adopted, or maintained here, suggested Napoli.

AirHelp’s own research shows that strong passenger regulations can protect passengers at a minimal cost to the airlines, despite airline lobbying organizations stating that they would drive up ticket costs.

In Europe, for instance , a compensation measure similar to what the Biden Administration has proposed, known as EC 261, costs $0.60-$1.2 per passenger.

If this same type of policy were to be implemented in the US, it would only cost airlines between $0.40-$0.90 per passenger, according to an October 2023 AirHelp analysis of the impact of EC 261 on the cost per passenger in the EU and in the US.

In addition to U.S. travelers deserving the same protections as consumers in other countries, Napoli points out that flight disruptions cost money for the impacted passengers.

Flight disruptions are a major cost to the economy, racking up an estimated $54 billion to $62 billion annually in the US and EU, according to AirHelp. The biggest impact of flight disruptions, almost 50 percent of it, falls on the passengers.