Attorney General James Urges Airline Travelers to Know Their Rights When Flying During Winter Weather

NEW YORK – New York Attorney General Letitia James today issued a consumer alert urging airline passengers to know their rights following widespread flight disruptions caused by Winter Storm Fern and in anticipation of continued winter travel challenges. Attorney General James urges all New Yorkers to file complaints online to potentially receive compensation if their travel plans are disrupted. 

“Winter storms are unpredictable, but travelers’ rights are not,” said Attorney General James. “If your flight is canceled or significantly delayed, you may be entitled to a refund. Airlines must follow the law, and all New Yorkers deserve clear answers, fair treatment, and the refunds they are owed.”

Winter Storm Fern caused thousands of flight cancelations and delays nationwide, including at major airports serving New York, leaving many travelers stranded or facing unexpected travel changes. With additional winter storms forecast in the coming weeks, and many customers potentially still owed refunds following the recent storm, Attorney General James is reminding New Yorkers to understand their rights:

• If a flight is significantly delayed, canceled, or if a traveler is denied boarding despite purchasing a ticket, they may be entitled to compensation. Travelers can submit complaints online and should have the following documents and materials available to provide with their complaint:
  • Booking details, such as their ticket, itinerary, and invoice;
  • Flight details, such as dates, flight numbers, and city pairs; and
  • Any supporting documentation, such as a copy of the complaint filed with the airline or ticket agent, if available.
     
• Travelers are eligible to receive a full refund on their ticket within 24 hours of purchasing it and if the ticket is purchased more than seven days before the flight. However, most discount fares are non-refundable.
   
• Travelers are entitled to a refund if an airline cancels a flight, regardless of the reason, and the consumer chooses not to travel or accept travel credits, vouchers, or other forms of compensation offered by the airline.
   
• Airlines are required to adhere to the promises that they make in their customer service plan, including commitments to care for travelers in the event of controllable delays or cancelations. Travelers should consult the DOT’s airline cancelation and delay dashboard to see what amenities and compensation airlines have committed to provide passengers in the event of a controllable delay or cancelation.  
   
• If a flight is scheduled to depart within seven days, airlines are required to provide status updates within 30 minutes of the airline becoming aware of a change. The flight status information must, at a minimum, be provided on the airline's website and telephone reservation system. The airline must also update all flight status displays and other sources of flight information at U.S. airports that are under the airline's control within 30 minutes of the airline becoming aware of the problem.
   
• If an airline has overbooked a flight and not enough passengers have volunteered to give up their seat to fly on a different flight, they may select passengers to bump off the flight. Passengers who are bumped may be entitled to compensation and must receive a written statement describing their rights and explaining how the airline decides who gets bumped.
   
• Travelers are entitled to refunds of their checked bag fees if their baggage: 
  • Has been declared lost by the airline;
  • Is not delivered within 12 hours after the flight has arrived if it is on a domestic flight;
  • Is not delivered within 15 hours after the flight has arrived if the flight is international and shorter than 12 hours; or
  • Is not delivered within 30 hours after the flight has arrived if the flight is international and longer than 12 hours.   

While airlines may voluntarily offer amenities such as meal vouchers or hotel accommodations, federal law generally does not require airlines to provide meals, lodging, or ground transportation for delays or cancelations caused by weather. Travelers should review their airline’s customer service commitments to understand what assistance may be available.

Attorney General James encourages airline passengers to take the following steps when traveling during winter weather:

• Check flight status frequently. Check airline websites or mobile apps before leaving for the airport, as weather-related changes can occur quickly.
   
• Know your options before accepting rebooking or credits. Passengers are not required to accept travel credits or vouchers and may request a cash refund instead if they choose not to travel after a cancelation or significant delay.
   
• Save documentation. Keep copies of booking confirmations, cancelation notices, and any receipts related to travel disruptions.
   
• File a complaint if necessary. If an airline refuses to provide a refund required by law or engages in misleading practices, travelers may file a complaint with the Office of the Attorney General (OAG).

New Yorkers who encounter flight disruptions due to winter weather can file a complaint online or call OAG at 1-800-771-7755.