Why Airlines Aren’t Required To Get You to Your Intended Destination

Ever felt stranded by an airline with no explanation or recourse? You’re not alone. While you might expect your ticket to guarantee a smooth trip from Point A to Point B, the truth is more unsettling. Hidden in the fine print of every airline ticket is a clause that absolves airlines of almost all responsibility when things go wrong.

Did you know the “Contract of Carriage” you agree to when purchasing a ticket doesn’t legally require airlines to get you to your destination on time—or even at all? From unexpected delays to last-minute cancellations and even being left in the wrong city, these policies will leave you shaking your head. And unlike passengers in the European Union, U.S. travelers have virtually no federal protections to rely on.

United Airlines: No Promises, No Accountability

Don’t believe me? Here’s part of Rule 24 in United’s Contract of Carriage:

• Schedules are Subject To Change Without Notice – Times shown on tickets, timetables, published schedules or elsewhere, and aircraft type and similar details reflected on tickets or UA’s schedule are not guaranteed and form no part of this contract. UA may substitute alternate carriers or aircraft, delay or cancel flights, and alter or omit stopping places or connections shown on the ticket at any time. UA will promptly provide Passengers the best available information regarding known delays, cancellations, misconnections and diversions, but UA is not liable for any misstatements or other errors or omissions in connection with providing such information. No employee, agent or representative of UA can bind UA legally by reason of any statements relating to flight status or other information. Except to the extent provided in this Rule, UA shall not be liable for failing to operate any flight according to schedule, or for any change in flight schedule, with or without notice to the passenger.

Don’t you wish you could live life like that? No responsibility to do what you say you’re going to and no legal recourse when you break the promises you make.

Delta Airlines: Flexibility, but at Your Expense

Delta Airlines, often held as the poster child of operational excellence, gives itself amazing leeway in its contract to leave passengers in the lurch:

• Delta will exercise reasonable efforts to transport you and your baggage from your origin to your destination with reasonable dispatch, but published schedules, flight times, aircraft types, seat assignments, and similar details reflected in the ticket or Delta’s published schedules are not guaranteed and form no part of this contract. Delta may substitute alternate Carriers or aircraft, change its schedules, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket as required by its operations in Delta’s sole discretion. Delta’s sole liability in the event of such changes is set forth in Rule 22, Go to footer note. Delta is not responsible or liable for making connections, failing to operate any flight according to schedule, changing the schedule or any flight, changing seat assignments or aircraft types, or revising the routings by which Delta carries the passenger from the ticketed origin to destination.

That’s why Delta was able to remove our flight from Frankfurt to Detroit from the schedule, reroute us through New York at a different time, and there was absolutely nothing we could do besides cancel the ticket.

Allegiant Airlines: Stranded at a Different Airport

If you want to shake your head at what airlines can get away with, read some of the airlines’ contracts. Such as this one from Allegiant, which says they have the right to strand you at an airport you didn’t want to fly to.

• If a flight is unable to land at the destination airport and is diverted to another airport, the carriage by air shall, unless the aircraft continues to the original destination, be deemed to be completed when the aircraft arrives at the diversion airport. Carrier may, however, arrange or designate alternative transportation, whether by Carrier’s own service or by other means of transportation specified by Carrier (which may include ground transportation) to transport passengers to the original destination without additional cost. Exceptions may include situations where alternative transportation is prevented by safety concerns. When alternative transportation to the original destination is provided by or at the direction of Carrier, any arrangements made by one or more passengers on their own will not be paid for or reimbursed by Carrier and are at the passengers’ own risk.

American Airlines: Refunds Over Responsibility

American Airlines changed the Contract of Carriage to say it didn’t have to get you to your destination.

• If we or our airline partner cancels your flight or your departure or arrival is delayed for 3 or more hours (domestic) / 4 or more hours (international), our sole obligation is to refund the unused ticket value and any optional fees according to our involuntary refunds policy, subject to our policy for rebooking your delayed / canceled flight.

If you’re delayed by more than 3 hours for domestic flights or 4 hours for international flights, they can strand you wherever you are and are only obligated to give you a refund for the part of the ticket you didn’t use.

Southwest Airlines: Limited Liability for Service Interruptions

I’d be remiss if I didn’t include Southwest’s Contract of Carriage section on Service Interruptions:

1. In the event Southwest cancels a flight or a flight is Significantly Delayed or Changed:
   1. Southwest may offer to transport the Passenger at no additional charge on the next Southwest Airlines flight(s) on which space is available to the Passenger’s intended destination or provide alternative transportation on Southwest Airlines (subject to availability) in accordance with its established re-accommodation practices; and/or
   2. Southwest may advise the Passenger that the unused portion of their fare (including taxes and government fees) may be held as a Flight Credit or a Transferable Flight Credit™; and
   3. If the Passenger chooses not to fly on the Significantly Delayed or Changed Flight, is not offered or chooses not to accept alternative transportation as provided in 9(b)(1)(i) above, and does not choose to hold the value of the unused transportation as Flight Credit or Transferable Flight Credit™, the Passenger is eligible for a form-of payment refund in accordance with Section 4(c)(3)(i)-(vii) when due.
2. A refund to the original form of payment is your exclusive remedy in the event of a Southwest cancellation or Significantly Delayed or Changed Flight, and Southwest’s liability is limited to the amount of the unused portion of the reservation (including airfare, fees for optional travel charges (ancillary service fees), government fees, and taxes). Under no circumstances will Carrier be liable for incidental damages, consequential damages, special damages, or interest

Federal Oversight? Not in the U.S.

Surely there must be some federal requirement for airlines to get you to your destination, right?

Nope. In fact, the Department of Transportation states it quite bluntly on its website.

Each airline has its own policies about what it will do for delayed passengers waiting at the airport; there are no federal requirements.

We have the Airline Deregulation Act of 1978 to thank for the airlines being totally exempt from leaving passengers stranded with no legal recourse.

• U.S. domestic air fares (interstate fares, and “overseas” fares to/from U.S. territories) were deregulated by the Airline Deregulation Act of 1978, Public Law 95-504. U.S. carriers do not file their domestic passenger fares and rules with the Department.

Deregulation brought significant advantages to travelers, primarily in the form of lower ticket prices. By allowing market competition to dictate prices, airlines were forced to innovate and find efficiencies to stay competitive. This shift made air travel accessible to millions of Americans who could not afford it before. The era of budget carriers, frequent flyer programs, and streamlined operations can all trace their roots to this landmark legislation.

However, the removal of federal oversight also had unintended consequences for passengers. Airlines gained the freedom to craft their own rules regarding delays, cancellations, and other service disruptions. This is why today’s airline Contracts of Carriage are so one-sided. This deregulated environment leaves passengers with limited recourse and no federal requirements for timeliness or accommodations after service interruptions.

The European Union: A Model for Passenger Protections

The EU, by contrast, has much stronger protections for airline passengers. Under Regulation (EC) No 261/2004, commonly referred to as EU261, airlines must compensate passengers for delays, cancellations, or being denied boarding due to overbooking. Here’s how it works:

1. Compensation for Delays:
   • Passengers are entitled to monetary compensation if their flight arrives at the destination more than three hours late, and the delay wasn’t caused by extraordinary circumstances such as severe weather or air traffic control strikes.
2. Compensation for Cancellations:
   • If an airline cancels a flight, passengers are entitled to a full refund, rerouting to their destination, or a replacement flight at the earliest opportunity. Compensation can range from €250 to €600, depending on the flight distance, unless the airline provided adequate notice and alternative travel arrangements.
3. Care and Assistance:
   • For delays of more than two hours, airlines must provide meals, refreshments, and communication (e.g., free phone calls or emails). For overnight delays, airlines must cover the cost of accommodations and transport to/from the hotel.
4. Compensation for Overbooking:
   • Passengers denied boarding due to overbooking are entitled to compensation, as well as rerouting or refunds.

The stark contrast between EU regulations and the lack of similar protections in the U.S. is evident. EU passengers have legal recourse and financial remedies when airlines fail to deliver, while in the U.S., passengers often receive little more than an apology and, occasionally, a voucher for future travel.

Closing Thoughts: Time for Change in U.S. Air Travel

Despite these protections, EU airfares are not significantly higher than U.S. fares, proving that passenger rights can coexist with competitive pricing. The U.S. could take inspiration from EU261 to establish a fairer system that holds airlines accountable without drastically increasing ticket prices.

Wouldn’t you feel more confident booking a flight if you knew the airline was required to compensate you for delays or cancellations? With U.S. passengers growing increasingly frustrated, adopting similar regulations could be a step toward restoring trust in air travel.

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This post first appeared on Your Mileage May Vary