The U.S. is changing some rules around compensation for air travellers when flights are cancelled or delayed.
Two months ago, the U.S. Department of Transportation amended an existing rules about what “events” that cause disruptions can be considered outside the airline’s control. The change was to take effect Oct. 19, but was delayed until Feb. 1, 2027.
“These new rules that are coming into effect in the United States are actually just solidifying the reasons that airlines don’t have to compensate travelers,” said McKenzie McMillan, a managing partner at The Travel Group travel agency in Vancouver.
If you’re a Canadian, the question of whether the amended rules impact you will come down to where you’re travelling.
“So now for Canadian travellers, if you’re looking at flights to, from, or within Canada, we will remain covered by Canada’s own regulations,” said Amra Durakovic, head of communications for Flight Centre Canada. “In other words, we expect the impact to be very minimal.”
That means if you’re planning to take a trip to Florida from Canada for spring break, you’d be covered by Canadian rules if something occurred.
Durakovic cautioned that won’t apply if you decide to take an additional trip domestically in the U.S., such as from Orlando to Los Angeles.
“I think the biggest difference will likely be felt on travel that falls solely in the U.S.,” Durakovic said. “So I wouldn’t tell Canadians to worry about this, I would just tell them to understand what applies to their trip and to always ask why if their flight is delayed or cancelled.”
The amended U.S. rules means if your flight solely within the U.S. is affected by 10 events now deemed out of the airline’s control, that compensation may be more difficult to receive.
The 10 events include cyberattacks, weather-related aircraft damage, removal of an unruly passenger, or unscheduled maintenance.
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In certain cases, travellers in the U.S. are able to receive a refund if the airline cancelled or significantly delayed or changed the flight and the customer chooses not to travel. Choosing not to accept a travel credit, voucher or other compensation, would also allow them to get a refund.
But the U.S. department says people aren’t entitled to a refund if they choose to take the delayed or changed flight, or take an alternative flight offered.
Several airlines like American, Delta and United could rebook you on a partner airline, offer complimentary hotel accommodations or provide a meal voucher if a “controllable” delay or cancellation occurs.
Canada’s rules differ, with delays of a certain length that’s under an airline’s control amounting to hundreds of dollars in monetary compensation. Should a delay be outside the airline’s control, they also must still work to rebook or even refund you depending on the situation and length of time.
There could be additional confusion that arises if you’re doing a flight in the U.S. that’s a part of your overall itinerary, McMillan said. This could be a WestJet flight to New York then a Delta flight to Los Angeles followed by a WestJet flight back to Vancouver.
“Generally the rule would be that you would be entitled to whatever Delta’s offering or whatever Delta is bound to within the United States,” he said. “You could definitely try to fight that with a Canadian airline, but chances are you would be spending a lot of time on the phone, a lot of time on emails, and probably would not get the result you want.”
Aviation management professor John Gradek said the changes to the rules are “more airline-friendly,” but it means travellers have more regulations to figure out.
“This rule is not going to make life any simpler, it’s going to make life more chaotic and a lot more confusion,” said Gradek. “It’s really going to be a situation where you’re going to have to walk around with your lawyer on your trip … before you go on your trip in order for you to understand under whose jurisdiction am I flying this flight from?”
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