March 2006
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Changing Airline Rules
Text by George Hobica Photo by James Leynse/CORBIS
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Rebooking policies can vary greatly, depending on the carrier. |
Why the "Rule 240" strategy may not work anymore, and what you can do about it.
 efore 1978, when airline fares and routes were regulated by the U.S. Civil Aeronautics Board (the predecessor to the Federal Aviation Administration), all airlines had to follow the same set of rules, including those dealing with
"irregularities" such as canceled flights. One of these rules, number 240, specified that if an airline—due to its actions—couldn't get you to your destination on time, it had to put you on a competitor's flight if it would get you there faster. Airlines were even required to put you in first class if that was all that was available. Airlines rarely advertised this perk, however, since they didn't want to fork over cash to fly customers on a rival carrier, but seasoned road warriors have always known they could approach the counter and say the magic words, "Rule 240 me." (Click on the airline links below to go to their contracts of carriage.)
In recent years, however, as "legacy" carriers such as American, United, and Delta struggle to remain profitable, and a few attempt to emerge from bankruptcy, many have quietly weakened their Rule 240s. United, for instance, no longer states in its contract of carriage that it will fly you first class, if that's all that's available, on a competitor, although it will transport you in coach class on another airline. Although Delta still has a Rule 240 in its contract, it has also been watered down, promising only to put passengers on its own next flight out and not on another airline's.
Continental will upgrade a delayed passenger only on its own flights—not on a competitor's—and only if doing so will get him to his destination earlier than would otherwise be the case. US Airways has nothing in its terms of transportation concerning Rule 240, although spokesperson Amy Kudwa says that the airline applies Rule 240 except regarding upgrades on international flights.
Northwest Airlines has a very traditional contract, little changed from the days of regulation. It will put you on another airline, in first class if necessary, if your flight is delayed more than 60 minutes.
Note that these rules generally apply to situations within the airline's control, such as mechanical problems; but if the flight irregularity results from a "force majeure event" (things such as weather, riot, or a work stoppage) then all bets are off. And the older carriers may not have agreements with their newer competitors such as JetBlue and Southwest, so that they might not reroute you on those carriers.
Airlines formed after deregulation—such as JetBlue and Spirit—were never required to follow the original set of rules. Even so, some of these newer airlines do attempt to put passengers on another airline if there's no other choice. "While we don't have a traditional Rule 240," says Todd Burke, spokesman for JetBlue, "we will purchase confirmed seats as necessary on another airline to get customers to their final destination in the event of irregularities within our control." In addition, if there's a "significant delay," JetBlue's compensation may include a "partial or full refund" in addition to accommodation on another airline.
Even if you are flying an airline that adheres to Rule 240, its employees may be reluctant to rewrite your ticket on a competitor. Having the airline's contract of carriage in hand reminds airline agents that you understand its obligations. Print out a copy before your flight and carry it with you.
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