Fly-Rights 1.2

SMOKING
Under U.S. government rules, smoking is prohibited on all domestic scheduled-service flights except for flights over six hours to or from Alaska or Hawaii. This ban applies to domestic segments of international flights, on both U.S. and foreign airlines (e.g., the Chicago / New York leg of a flight that operates Chicago/ New York / London). The ban does not apply to nonstop international flights, even during the time that they are in U.S. airspace (e.g., a Chicago / London flight). The prohibition applies in the passenger cabin and lavatories, but not in the cockpit. Smoking is also banned on other scheduled-service flights by U.S. airlines that are operated with planes seating fewer than 30 passengers (e.g., certain "commuter" flights to Canada, Mexico and the Caribbean). Cigar and pipe smoking is banned on all U.S.-carrier flights (scheduled and charter, domestic and international). The following rules apply to U.S. airlines on flights where smoking is not banned (e.g. international flights, domestic charter flights). These regulations do not apply to foreign airlines; however, most of them provide non-smoking sections (although they may not guarantee seating there or expand the section).

The airline must provide a seat in a non-smoking section to every passenger who asks for one, as long as the passenger complies with the carrier's seat assignment deadline and procedures. (Standby passengers do not have this right.) If necessary, the airline must expand the non- smoking section to accommodate the passengers described above. The airline does not have to provide a non-smoking seat of the passenger's choice. It doesn't have to seat you with your traveling companion, and you don't have the right to specify a window or aisle non-smoking seat. Also, the airline is not required by this rule to provide advance seat assignments before the flight date in the non-smoking section, as long as they get you into the non-smoking section on the day of your flight. The flight crew must act to keep passengers from smoking in the non-smoking sections. However, smoke that drifts from the smoking section into the non-smoking section does not constitute a violation. No smoking is allowed while an aircraft is on the ground or when the ventilation system is not fully functioning. Carriers are not required to have a smoking section. An airline is free to ban smoking on a particular flight, or on all of its flights.

PASSENGERS WITH DISABILITIES
Over 40 million Americans have disabilities. The Air Carrier Access Act and the DOT rule that implements it set out procedures designed to ensure that these individuals have the same opportunity as anyone else to enjoy a pleasant flight. There are some of the major provisions of the rule such as, a person may not be refused transportation on the basis of disability or be required to have an attendant or produce a medical certificate, except in certain limited circumstances specified in the rule. Airlines must provide enplaning, deplaning and connecting assistance, including both personnel and equipment. (Some small commuter aircraft may not be accessible to passengers with severe mobility impairments. When making plans to fly to small cities, such passengers should check on the aircraft type and its accessibility.) Airport terminals and airline reservations centers must have TDD telephone devices for persons with hearing or speech impairments. Passengers with vision or hearing impairments must have timely access to the same information given to other passengers at the airport or on the plane concerning gate assignments, delayed flights, safety, etc. New wide body aircraft must have a wheelchair- accessible lavatory and an on-board wheelchair. Airlines must put an on-board wheelchair on most other flights upon a passenger's request (48 hours notice required).

Air carriers must accept wheelchairs as checked baggage, and cannot require passengers to sign liability waivers for them (except for pre-existing damage). Most new airplanes must have movable armrests on half the aisle seats, and on-board stowage for one folding passenger wheelchair. Carriers must allow service animals to accompany passengers in the cabin, as long as they don't block the aisle or other emergency evacuation route. FAA safety rules establish standards for passengers allowed to sit in emergency exit rows; such persons must be able to perform certain evacuation-related functions. FAA rules also prohibit passengers from bringing their own oxygen. Most airlines will provide aircraft-approved oxygen for a fee, but aren't required to. Airlines may not charge for services that are required by this rule.

Airlines must make available a specially-trained Complaints Resolution Official if a dispute arises. There must be a copy of the DOT rule at every airport. It's wise to call the airline again before your trip to reconfirm any assistance that you have requested. For additional details, see "Other Sources of Information" at the end of this pamphlet for information on ordering the booklet New Horizons for the Air Traveler with a Disability.

FREQUENT-FLYER PROGRAMS
Virtually all major U.S. airlines have a frequent-flyer plan, and many foreign carriers are starting them. These programs allow you to earn free trips, upgrades (e.g., from Coach to First Class) or other awards based on how often you fly on that airline. In some programs you can earn credit by using specified hotels, rental car companies, credit cards, etc. It doesn't cost anything to join a program, and you can enroll in the programs of any number of different airlines. However, it may not be to your advantage to "put all your eggs in one basket" with one plan by accumulating a high mileage balance only to find out later that another carrier's program suits your needs better. Here are some things to look at when selecting a frequent-flyer program.

* Does the airline fly where you're likely to want to go?

* Are there tie-ins with other carriers, especially those with international routes? Is some of the airline's service provided by commuter-carrier "partners"? In both cases, can you earn credits and use awards on those other airlines?

* How many miles (or trips) are required for particular awards?

* Is there a minimum award per flight (e.g., you are only flying 200 miles but the airline always awards at least 500)?

* Is there a deadline for using accumulated miles?

* Carefully examine the number and length of any "blackout periods" during which awards cannot be used. On some carriers, the Thanksgiving blackout may last a week.

* If you are planning a big trip and are thinking about joining that airline's frequent-flyer program, enroll before you travel. Airlines usually won't credit mileage that was flown before you became a member.

After you join a program, there are other things that you should know:

* Airlines reserve the right to make changes to their programs, sometimes on short notice. The number of miles required for particular awards might be raised, requiring you to use your old mileage (i.e., your current balance) under the more restrictive new rules. The airline may cease service on a route that you were particularly interested in-or it may drop the city you live in! The carrier may eliminate attractive frequent-flyer tie-ins with particular airlines or hotel chains.

* Cashing in your mileage frequently will limit your losses in case the carrier changes the rules, merges, or goes out of business. (Some private companies sell insurance covering some of these eventualities.) Accumulating a larger mileage balance will entitle you to bigger awards, however.

* Carriers often limit the number of seats on each flight for which frequent-flyer awards can be used. You may not be able to get reservations on your first- or second-choice dates or flights.

* Awards can often be issued in the name of immediate family members. However, if you sell or give an award to someone not named on the award or the travel document and the airline finds out, the recipient could have his or her ticket confiscated, and the carrier may penalize the program member's account balance.

* Ask the airline how mileage is registered; you will probably have to identify yourself as a program member when you book your flight or when you check in.

* Keep your boarding passes and the passenger coupon of your ticket until you receive a statement from the frequent-flyer program reflecting the correct mileage earnings for that trip. If a problem arises, get the names of the people you speak with and keep notes of your conversations.

CONTRACT TERMS
Throughout this booklet, we have tried to provide you general information about airline travel. It is important to realize, however, that each airline has specific rules that make up your contract of carriage. These rules may differ among carriers. They include provisions such as check-in deadlines, refund procedures, responsibility for delayed flights, and many other things.

Domestic Travel
For domestic travel, an airline may provide all of its contract terms on or with your ticket at the time you buy it. Many small "commuter" carriers use this system. Other airlines may elect to "incorporate terms by reference." This means that you are not given all the airline's rules with your ticket-most of them are contained in a separate document which you can inspect on request. If an airline elects to "incorporate by reference" it must provide conspicuous written notice with each ticket that: 1) it incorporates terms by reference, and 2) these terms may include liability limitations, claim-filing deadlines, check-in deadlines, and certain other key terms. The airline must also:

* Ensure that passengers can receive an explanation of key terms identified on the ticket from any location where the carrier's tickets are sold, including travel agencies;

* Make available for inspection the full text of its contract of carriage at each of its own airport and city ticket offices;

* Mail a free copy of the full text of its contract of carriage upon request.

* Restrict refunds;

* Impose monetary penalties; or

* Permit the airline to raise the price after you've bought the ticket.

If an airline incorporates contract terms by reference and fails to provide the required notice about a particular rule, the passenger will not be bound by that rule.

International Travel
Not all of the detailed requirements for disclosing domestic contract terms apply to international travel. Airlines file "tariff rules" with the government for this transportation. Passengers are generally bound by these rules whether or not they receive actual notice about them. Every international airline must keep a copy of its tariff rules at its airport and city ticket offices. You have a right to examine these rules. The airline agents must answer your questions about information in the tariff, and they must help you locate specific tariff rules, if necessary. If the airline keeps its tariff in a computer rather than on paper, there are additional disclosure requirements which are similar to those for domestic contract terms. The most important point to remember, whether your travel is domestic or international, is that you should not be afraid to ask questions about a carrier's rules. You have a right to know the terms of your contract of carriage. It is in your best interest, as well as that of the airline, for you to ask in advance about any matters of uncertainty.

TRAVEL SCAMS

Unlike most products, travel services usually have to be paid for before they are delivered. This creates opportunities for disreputable individuals and companies. Some travel packages turn out to be very different from what was presented or what the consumer expected. Some don't materialize at all! If you receive an offer by phone or mail for a free or extremely low-priced vacation trip to a popular destination (often Hawaii or Florida), there are a few things you should look for:

* Does the price seem too good to be true? If so, it probably is.

* Are you asked to give your credit card number over the phone?

* Are you pressured to make an immediate decision?

* Is the carrier simply identified as "a major airline," or does the representative offer a collection of airlines without being able to say which one you will be on?

* Is the representative unable or unwilling to give you a street address for the company?

* Are you told you can't leave for at least two months? (The deadline for disputing a credit card charge is 60 days, and most scam artists know this.)

If you encounter any of these symptoms, proceed cautiously. Ask for written information to be sent to you; any legitimate travel company will be happy to oblige. If they don't have a brochure, ask for a day or two to think it over; most bona fide deals that are good today will still be good two days from now. If they say no to both requests, this probably isn't the trip for you. Some other advice:

* If you are told that you've won a free vacation, ask if you have to buy something else in order to get it. Some packages have promoted free air fare, as long as you buy expensive hotel arrangements. Others include a free hotel stay, but no air fare.

* If you are seriously considering the vacation offer and are confident you have established the full price you will pay, compare the offer to what you might obtain elsewhere. Frequently, the appeal of free air fare or free accommodations disguises the fact that the total price is still higher than that of a regular package tour.

* Get a confirmed departure date, in writing, before you pay anything. Eye skeptically any promises that an acceptable date will be arranged later. If the package involves standby or waitlist travel, or a reservation that can only be provided much later, ask if your payment is refundable if you want to cancel, and don't pay any money you can't afford to lose.

* If the destination is a beach resort, ask the seller how far the hotel is from the beach. Then ask the hotel.

* Determine the complete cost of the trip in dollars, including all service charges, taxes, processing fees, etc.

* If you decide to buy the trip after checking it out, paying by credit card gives you certain legal rights to pursue a chargeback (credit) if promised services aren't delivered.

TO YOUR HEALTH
Flying is a routine activity for millions of Americans, and raises no health considerations for the great majority of them. However, there are certain things you can do to ensure that your flight is as comfortable as possible. Changes in pressure can temporarily block the Eustachian tube, causing your ears to 'pop' or to experience a sensation of fullness. To equalize the pressure, swallow frequently; chewing gum sometimes helps. Yawning is also effective. Avoid sleeping during descent; you may not swallow often enough to keep ahead of the pressure change. If yawning or swallowing doesn't help, use the 'valsalva maneuver':

* Pinch your nostrils shut, then breathe in a mouthful of air.
* Using only your cheek and throat muscles, force air into the back of your nose as if you were trying to blow your thumb and finger off your nostrils.
* Be very gentle and blow in short successive attempts. When you hear or feel a pop in your ears, you have succeeded. Never force air from your lungs or abdomen (diaphragm); this can create pressures that are too intense.

Alcohol and coffee both have a drying effect on the body. Airliner cabin air is relatively dry to begin with, and the combination can increase your chances of contracting a respiratory infection. If you wear contact lenses, the low cabin humidity and/or consumption of alcohol or coffee can reduce your tear volume, leading to discomfort if you don't blink often enough. Lens wearers should clean their lenses thoroughly before the flight, use lubricating eye drops during the flight, read in intervals, and take the lenses out if they nap. (This may not apply to extended wear lenses; consult your practitioner.) If you take prescription medications, bring enough to last through your trip. Take along a copy of the prescription, or your doctor's name and telephone number, in case the medication is lost or stolen. The medicine should be in the original prescription bottle in order to avoid questions at security or Customs inspections. Carry it in a pocket or a carry-on bag; don't pack it in a checked bag, in case the bag is lost.

You can minimize the effects of jet lag in several ways:

* Get several good nights' sleep before your trip.
* Try to take a flight that arrives at night, so you can go straight to bed.
* Sleep on the plane (although not during descent).
* During the flight do isometric exercises, eat lightly, and drink little or no alcohol.

Try to use a rest room in the airport terminal before departure. On some flights the cabin crew begins beverage service shortly after the "Fasten Seat Belts" sign is turned off, and the serving cart may block access to the lavatories.

AIRLINE SAFETY
Air travel is so safe you'll probably never have to use any of the advice we're about to give you. But if you ever do need it, this information could save your life. Airline passengers usually take safety for granted when they board an airplane. They tune out the crew's pre-flight announcements or reach for a magazine instead of the cards that show how to open the emergency exit and what to do if the oxygen mask drops down. Because of this, people are needlessly hurt or killed in accidents they could have survived. Every time you board a plane, here are some things you should do:

* Be reasonable about the amount of carry-on luggage that you bring. FAA rules require airlines to limit the amount of carry-on baggage, and if you try to carry too much with you, the crew may insist that you check in some items. (There is no universal limit; it depends on the aircraft type and the passenger load.) A bag that is not properly stowed could turn into an unguided missile in an accident or block the aisles during an evacuation.

* Be careful about what you put into the storage bins over your seat. Their doors may pop open during an accident or even a hard landing, spilling their contents. Also, passengers in aisle seats have been injured by heavy items falling out of these compartments when people are stowing or retrieving belongings at the beginning or end of a flight. Please be considerate of others and put hard, heavy items under the seat in front of you; save the overhead bins for coats, hats, and small, soft bags.

* As soon as you sit down, fasten and unfasten your seat belt a couple of times. Watch how it works. There are several kinds of belts, and in an emergency you don't want to waste time fumbling with the buckle.

* Before take-off, there will be a briefing about safety procedures, pointing out emergency exits and explaining seat belts, life vests and oxygen masks. Listen carefully and if there's anything you don't understand ask the flight attendants for help.

The plastic card in the seat pocket in front of you will review some of the safety information announced by the flight attendant. Read it. It also tells you about emergency exits and how to find and use emergency equipment such as oxygen masks. As you're reading the card look for your closest emergency exit, and count the number of rows between yourself and this exit. Remember, the closest exit may be behind you. Have a second escape route planned in case the nearest exit is blocked. This is important because people sometimes head for the door they used to board the plane, usually in the front of the first class cabin. This wastes time and blocks the aisles. Oxygen masks aren't the same on all planes. Sometimes they drop down in front of you. On some aircraft, however, you'll have to pull them out of a compartment in front of your seat. In either case, you must tug the plastic tube slightly to get the oxygen flowing. If you don't understand the instructions about how the mask works, ask a flight attendant to explain it to you. When the plane is safely in the air and has reached its cruising level, the pilot usually turns off the "fasten seat belt" sign. He or she usually suggests that passengers keep their belts buckled anyway during the flight in case the plane hits rough air. Just as seat belts should always be worn in cars, they should always be fastened in airplanes.

If you are ever in an air accident, you should remember these things:

* Stay calm.

* Listen to the crew members and do what they say. The cabin crew's most important job is to help you leave safely.

* Before you try to open any emergency exit yourself, look outside the window. If you see a fire outside the door, don't open it or the flames may spread into the cabin. Try to use your alternate escape route.

* Remember, smoke rises. So try to stay down if there's smoke in the cabin. Follow the track of emergency lights embedded in the floor; they lead to an exit. If you have a cloth, put it over your nose and mouth.

After an air accident, the National Transportation Safety Board always talks to survivors to try to learn why they were able to make it through safely. They've discovered that, as a rule, it does help to be prepared. Avoiding serious injury or surviving an air accident isn't just a matter of luck; it's also a matter of being informed and thinking ahead. Are you one of those people who jumps up as soon as the plane lands, gathers up coat, suitcase and briefcase, and gets ready to sprint while the plane is still moving? If so, resist the urge. Planes sometimes make sudden stops when they are taxiing to the airport gate, and passengers have been injured when they were thrown onto a seat back or the edge of a door to an overhead bin. Stay in your seat with your belt buckled until the plane comes to a complete halt and the 'fasten seat belt' sign is turned off. Never smoke in airplane restrooms. Smoking was banned in all but the designated smoking sections after an accident killed 116 people in only 4 minutes, apparently because a careless smoker left a burning cigarette butt in the trash bin. There is a penalty of up to $2,000 for disabling a lavatory smoke detector. Also, don't smoke in the aisle. If there is a sudden bump you could stumble and burn yourself or another passenger. Lit cigarettes have also flown out of passengers' hands and rolled under seats.

COMPLAINING
When passengers comment on airline service, most airlines do listen. They analyze and keep track of the complaints and compliments they receive and use the information to determine what the public wants and to identify problem areas that need special attention. They also try to resolve individual complaints. Like other businesses, airlines have a lot of discretion in how they respond to problems. While you do have some rights as a passenger, your demands for compensation will probably be subject to negotiation and the kind of action you get depends in large part on the way you go about complaining. Start with the airline. Before you call or write to DOT or some other agency for help with an air travel problem, you should give the airline a chance to resolve it. As a rule, airlines have trouble-shooters at the airports (they're usually called Customer Service Representatives) who can take care of many problems on the spot. They can arrange meals and hotel rooms for stranded passengers, write checks for denied boarding compensation, arrange luggage repairs and settle other routine claims or complaints

If you can't resolve the problem at the airport and want to file a complaint, it's best to call or write the airline's consumer office at its corporate headquarters. Take notes at the time the incident occurs and jot down the names of the carrier employees with whom you dealt. Keep all of your travel documents (ticket receipts, baggage check stubs, boarding passes, etc.) as well as receipts for any out-of-pocket expenses that were incurred as a result of the mishandling. Here are some helpful tips should you choose to write a letter.

* Type the letter and, if at all possible, limit it to one page in length.

* Include your daytime telephone number (with area code).

* No matter how angry you might be, keep your letter businesslike in tone and don't exaggerate what happened. If the complaint sounds very vehement or sarcastic, you might wait a day and then consider rewriting it.

* Describe what happened, and give dates, cities, and flight numbers or flight times.

* Send copies, never the originals, of tickets and receipts or other documents that can back up your claim.

* Include the names of any employees who were rude or made things worse, as well as anyone who might have been especially helpful.

* Don't clutter up your complaint with petty gripes that can obscure what you're really angry about.

* Let the airline know if you've suffered any special inconvenience or monetary losses.

* Say just what you expect the carrier to do to make amends. An airline may offer to settle your claim with a check or some other kind of compensation, possibly free transportation. You might want a written apology from a rude employee or reimbursement for some loss you incurred-but the airline needs to know what you want before it can decide what action to take.

* Be reasonable. If your demands are way out of line, your letter might earn you a polite apology and a place in the airline's crank files.

If you follow these tips, the airlines will probably treat your complaint seriously. Your letter will help them to determine what caused your problem, as well as to suggest actions the company can take to keep the same thing from happening to other people.

Contacting the Department of Transportation
If you want to put your complaint about an airline on record with DOT, you can call the Aviation Consumer Protection Division at (202) 366-2220 to record your complaint. Or write:

Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590

If you write, please be sure to include your address and a daytime telephone number, with area code. Letters from consumers help us spot problem areas and trends in the airline industry. We use our complaint files to document the need for changes in DOT's consumer protection regulations and, where warranted, as the basis for enforcement action. In addition, every month we publish a report with information about the number of complaints we receive about each airline and what problems people are having. You can write or call us for a free single copy of this Air Travel Consumer Report, which also has statistics that the airlines file with us on flight delays, oversales and mishandled baggage. (Data from recent reports are online on this home page.) If your complaint is about something you feel is a safety or security hazard, write to the Federal Aviation Administration:

Assistant Administrator for System Safety, ASY-100
Federal Aviation Administration
800 Independence Avenue, S.W.
Washington, D.C. 20591

or call: (800) FAA-SURE. After office hours, if you want to report something that you believe is a serious safety hazard, call the Aviation Safety Hotline at 1-800-255-1111.

Local consumer help programs
In most communities there are consumer help groups that try to mediate complaints about businesses, including airlines and travel agencies.

* Most state governments have a special office that investigates consumer problems and complaints. Sometimes it is a separate division in the governor's or state attorney general's office. Check your telephone book under the state government's listing.

* Many cities and counties have consumer affairs departments that handle complaints. Often you can register your complaint and get information over the phone or in person.

* A number of newspapers and radio or TV stations operate "Hot Lines" or "Action Lines" where individual consumers can get help. Consumer reporters, with the help of volunteers, try to mediate complaints and may report the results as a news item. The possible publicity encourages companies to take fast action on consumer problems when they are referred by the media. Some Action Lines, however, may not be able to handle every complaint they receive. They often select the most severe problems or those that are most representative of the kinds of complaints they receive.

Your last resort
If nothing else works, small claims court might be the best way for you to help yourself. Many cities have these courts to settle disputes involving relatively small amounts of money and to reduce the red tape and expense that people generally fear when they sue someone. An airline can generally be sued in small claims court in any jurisdiction where it operates flights or does business. You can usually get the details of how to use the small claims court in your community by contacting your city or county office of consumer affairs, or the clerk of the court. As a rule, small claims court costs are low, you don't need a lawyer, and the procedures are much less formal and intimidating than they are in most other types of courts.