July/August 2008
|
resources_global.html
|
 |
 |
Subject to Change
Text by Christopher Elliott
|
Airlines frequently revise their contracts of carriage without informing customers.
 irlines revise their rules, also known as the contract of carriage, all the time. And with many carriers in merger talks, expect more change. How your rights will fare is anyone's guess.
"When it comes to contracts, airlines are under no obligation to notify passengers before or after a change is made," says Al Anolik, a San Francisco-based attorney who specializes in travel.
Which isn't to say airlines are free to do whatever they want. Federal law requires the rules to be summarized on the passenger ticket and that airlines make the full text of the contract available to passengers when they request it. Plus, the contracts have to comply with federal law and any international treaties. "International air transportation is governed by the Montreal and Warsaw Conventions," says Thomas Dickerson, author of Travel Law. "Those provide separate rules and damages for physical injuries, flight delays, and lost or delayed baggage."
Still, much can change, and change quietly. At Continental, for instance, the contract is "updated as needed when policies change," according to spokeswoman Mary Clark. The carrier doesn't formally notify anyone, but instead simply posts a new contract on its website.
If Continental merges with United, as has been widely rumored, whose contract do you follow? Clark says you would follow the contract from the day the ticket was issued—not the day you fly. The same applies to United. What if you don't like the new rules? At most airlines, you're out of luck. But at least one carrier, Delta, allows a refund if the contract has been updated. Delta imposes the terms that apply on the day of travel, not the day you bought your ticket, though.
To complicate things further, finding the contract from the day you booked your ticket, or the full text of the Montreal Convention, can be tricky, if not impossible. So knowing your rights means keeping meticulous records, including making a copy of your contract on the day you buy your ticket—something most people would be unlikely or unwilling to do.
Links to More Airlines' Contracts of Carriage:
JetBlue
Northwest Airlines
Southwest Airlines
Spirit Airlines
US Airways
Read More About Contracts of Carriage
|
