As the east coast continues to dig themselves out of the massive snow storm that has hit and cancelled over 5,000 flights, we are inundated with pictures and videos of people who are stranded at the airport.  Many of these stories are of people on their way to exotic honeymoons, home to visit family, or some other tear-jerking story.  But what about the majority of people?  The business travelers who are missing meetings, the travelers who have missed connections and hotel bookings, what can they do?NEW YORK, NY - DECEMBER 27: A traveler waits with her bags for check in to a flight at Terminal 4 following a major blizzard at John F. Kennedy International Airport December 27, 2010 in the Queens borough of New York City. A massive snowstorm crippled much of the Northeastern United States leaving up to a foot of snow for New York City and New England and left millions of holiday travelers stuck at airports and train stations around the eastern seaboard.  (Photo by Chris Hondros/Getty Images)

Rebook Your Flight

There are tons of websites out there telling you what to do in case your flight is cancelled.  Outside of the sage wisdom of “check your flight before you leave,” your options are somewhat limited if your flight is cancelled due to the weather.  Often-times, the airline will allow you to rebook on a different flight at no extra charge (these charges could run into the hundreds of dollars otherwise).  However, without knowing the extent of the weather delay and the fact that most flights are incredibly full, you may not be able to get on another flight in time to make your meeting or vacation plans.  Most airlines, like Continental, will allow you to rebook your flight, free of charge, after a certain time, and usually for give you the option to schedule the flight anytime within a year.  This would not be a breach of contract because the weather is deemed an “act of god.”

Flight Cancelled For Weather Related Reasons

Unfortunately, when your flight is cancelled, you have limited options.   Most airlines will allow you to standby for a different flight or to try to rebook a different flight.  You are only owed the “contract of carriage” which allows you the above listed options or a refund of your ticket (but not hotels, etc).  Depending on what the weather situation is, this could mean just taking a flight that leaves a little later or the next day, or a flight that doesn’t leave for another week (right now Continental and United are allowing rebooking beginning January 5).

You Don’t Even Get A Bag Of Peanuts

You are owed only a seat on an airplane at some point, even if you are stuck in the airport over night.  This means, no food vouchers, no overnight accommodations, you might not be able to get to your checked bag, so you might not have a fresh set of clothes, and no transfer to another airline.  That being said, some airlines do try to provide things like blankets and water, some hotels near the airport have “distressed” traveler discounts (though in the case of a major airport like Newark, there are far too many people for the local hotel).  However, despite the airline treating people like cattle, there is no basis of a lawsuit since you’ve agreed to the “contract of carriage” with the airline by purchasing your plane ticket.

What do you think, should airlines have to pay if there is a weather delay? Even though the airlines have no control over the weather, should they still be liable for missed vacations?

2 Responses to Flight Cancelled By Weather? Can You Sue?

  1. Sam says:

    Based on the way passengers are treated, I say yes. The airlines took all their planes out of the Northeast. Thus, there are not enough flights to getting people out. The airlines could have easily paid for trains for passengers to other airports to get them out to different airports. But they didn’t. Sadly, this is this is the problem with standard form contracts. It’s “take it or leave it,” there is no way to negotiate something that is fair. A customer who got stuck in traffic due to the rain who missed his flight is not allowed to cite an “act of God” for missing his flight. I feel airlines are liable, and should have to pay for accommodations for its customers whether the plane has mechanical issues or if there are weather issues. Just as how cable companies deal with parking tickets when there is no parking in the city, this should just be considered the cost of doing business.

    Reply

  2. David H says:

    Your ticket terms may cover the issue. The treatment of the passengers in their charge is an entirely different matter. Weighing the security issues vs. the neglect of passenger needs may be a factor. The horror stories of long delays on tarmacs are distressing. On the other hand do you really want to fly when all safety factors are not in your favor?

    Reply

Leave a Reply

 (Your email address will not be shown)

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

LawInfo Twitter

Enter your email address to subscribe to this blog and receive notifications of new posts by email.