How to get compensation from an airline for cancelled/overbooked/delayed US domestic flight?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 6 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 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption