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October 25, 2007

Travel Myth - Rule 240 Will Save You

Filed under: Travel Myths — Rick Seaney @ 6:04 pm

This travel myth drives me crazy, because it misinforms travelers about their rights.

For those of you who haven’t heard the myth, I will let Peter Greenberg put it out there for you. Mr. Greenberg is not the only person perpetuating the Rule 240 travel myth, but since he is the travel editor for The Today Show, a columnist, an author and the “expert” that countless other writers and bloggers turn to for information, I figure he has probably passed the myth on to more people than anybody else:

The Myth …

“If your flight is canceled, you can invoke Rule 240 (an old rule still on file at the U.S. Department of Transportation), which says the following: In the event of any irregularity of any kind whatsoever (other than that caused by weather), the airline must immediately rebook you on the NEXT available flight (not THEIR next available flight).

In other words, the next available flight on any legacy carrier - American, United, Delta, U.S. Air, Continental, Northwest, etc. Airlines like JetBlue or Southwest, which do not have interline agreements with the legacy carriers, are exempted.” (From PeterGreenberg.com)

OK. Let’s be very clear. Rule 240 is no longer a government rule. It hasn’t been a government rule since airline deregulation back in the late 1970s. Here is what the FAA has to say about “Rule 240″:

“The term ‘Rule 240′ refers to a rule that existed before airline deregulation. There is no longer an actual Rule 240. The term, as it is now used, refers to each airlines ‘conditions of carriage’ policy. You would need to contact the airlines to obtain this.”

It’s true that many airlines include language left over from the old rule in their conditions of carriage, and some even refer to the old “240″ label in their contract (helping perpetuate the myth), but it in no way guarantees you an “immediate” flight on another airline. Take the FAA’s advice and go directly to the carriers contract of carriage (links at the end of this post).

Here is what Delta has to say on the matter:

“At our sole discretion, we may arrange for your travel on another carrier or via ground transportation.”

  • At their “sole discretion.”

And American Airlines:

“In extreme circumstances, it is possible that a flight will cancel while on the ground in the city to which it was diverted. When this happens you will be rerouted on the next American Airlines or American Eagle flight with available seats, or in some circumstances on another airline or some other alternative means of transportation.”

  • Again, they might help you out with another carrier, but they might not. Oh, and they’re definitely not giving themselves any sort of time limit to make the decision.

Mr. Greenberg and others also imply that any cancellation not due to weather allows you to “invoke 240.” Even if an airline followed the spirit of the long gone “Rule” as though it were an iron clad law, that wouldn’t be the truth. The majority of airlines give themselves cover when a delay or cancellation is due to a force majeure event.

This can include weather, political unrest, unexpected flight safety shortcomings, and even “other facts not foreseen,” which when invoked, by an airline representative, I assure you, has more power than the “Rule”.

I believe it’s important to be prepared and to know your rights when you travel. I also think you need to be familiar with your carrier’s conditions or contract of carriage and have a copy with you (see below for links).

However, I also believe you need to know that going up to a gate agent and saying “I am invoking Rule 240″ is most likely to get you a blank stare and in most cases certainly not the result that many writers and experts suggest.

Airline Phone Numbers and Conditions (Contracts) of Carriage

AirTran Airways - 800-247-8726 - AirTran Airways Contract of Carriage

Alaska Airlines - 800-252-7522- Alaska Airlines Contract of Carriage

American Airlines - 800-433-7300 - American Airlines Conditions of Carriage

Continental Airlines - 800-525-0280 - Continental Airlines Contract of Carriage

Delta Airlines - 800-221-1212 - Delta Air Lines Contract of Carriage

JetBlue Airways - 800-538-2583 - JetBlue Airways Contract of Carriage

Hawaiian Airlines - 800-367-5320 - Hawaiian Airlines Contract of Carriage

Midwest Airlines - 800-452-2022 - Midwest Airlines Contract of Carriage

Northwest Airlines - 800-225-2525 - Northwest Airlines Contract of Carriage

Southwest Airlines - 800-435-9792 - Southwest Airlines Customer Service Commitment

Spirit Airlines - 800-772-7117 - Spirit Airlines Contract of Carriage

United Airlines - 800-241-6522 - United Airlines Contract of Carriage

US Airways - 800-428-4322 - US Airways Terms of Transportation

Virgin America - 877-359-8474 - Virgin America Delays and Cancellations

15 Comments »

  1. Will there be a permanent link to this page? I think this is a great resource to be able to reference in the “unforeseen” future.

    Comment by Maxwell Spayde — October 26, 2007 @ 11:23 pm

  2. Thank you for this information!

    Comment by G Richardson — October 26, 2007 @ 11:29 pm

  3. Thank you for this interesting piece.

    However, I do have to say I have recently had my ticket transferred to another airline at the last minute. I was supposed to be flying UA into Cincinnati, on the last flight of the night, and it got canceled about 3 hours prior to scheduled departure. I called the 800-number to see what they could do, and suggested to an agent that he try to get me a ticket on DL or AA that night. He booked me a seat on AA and I made it on my way (was SSSS’d at the airport, but that’s another story).

    Also, interesting to note that on my way to the airport, I got a rebooking message on my cell letting me know I had been rebooked on another UA flight, but I ignored it, seeing as I figured it would be leaving the next day. It was, in fact, leaving the same evening, at the same time as scheduled - turns out they had rerouted the flight to Dayton to make a stop in Cincinnati. Despite this, my booking on AA was still honored, and I made it to Cincinnati.

    Comment by Elliot Campbell — October 27, 2007 @ 9:48 am

  4. I am not saying that they won’t accommodate you on another airline or for a hotel stay, in general they will if it is “their” fault, although who decides fault is not you, so NOT blowing up is probably more conducive to making an already bad situation a bit better.

    Comment by Rick Seaney — October 27, 2007 @ 12:26 pm

  5. Great Information! One question, although you listed many carriers the one that I frequently use was not listed - Hawaiian Airlines. Where can I get the carriage contract for them?

    Comment by Cathy McCarthy — October 27, 2007 @ 3:56 pm

  6. Hi Cathy, Comment #4

    I have added the link to Hawaiian Airlines in the post (in alphabetic order)

    Comment by Rick Seaney — October 28, 2007 @ 12:56 am

  7. When will farecompare.com ever work again? It is now just really bad…and the fares it quotes are never available. barry knight provides no insight to the problems that farecompare.com has recently had.

    Comment by James — October 28, 2007 @ 1:11 am

  8. Hi James,

    Unfortunately, without any specifics it is hard for me to answer such a vague question.

    I know for many — buying holiday travel — is frustrating, the airlines are not releasing their cheapest 3-5 airfares on certain days between certain cities. We highlight the AIRLINES cheapest prices as a reference, which is vital to making the best buying decision.

    100% of all travel consumers want the best price and the airlines are going actually sell about 10-15% of their seats at the lowest price. This means if you don’t know when new low prices come out first you are at even more of a disadvantage.

    I receive dozens of success stories each day, so again if you have a specific question, I’ll take a look and see what might be happening.

    We will continue to use our technology to build more tools to help travelers get the best price, we are still only just beginning, I hope you will hang in there with us I am positive no other company has more of a passion to help travelers find the best deal when and where they want to travel than FareCompare.com.

    Comment by Rick Seaney — October 28, 2007 @ 8:50 am

  9. With all the code share flights these days, which carriers policy applies? For example, I recently booked a flight on NW, which was a code share flight with Delta, but was operated by yet another carrier - can’t remember the name, but one of Delta’s regional carriers.

    I signed up for the flight notification feature on both NW and Delta. Prior to the flight, Delta notified me the flight would be delayed an hour; this meant I’d miss my connection. So I called my corp travel agent and they said NW still showed the flight as being on-time. It created a ton of problems. So in this case, which airline do I deal with?

    Comment by Dave Soliday — October 28, 2007 @ 11:11 am

  10. Hi Dave, Comment #9

    The airline you bought your ticket with is the “marketing carrier” and is responsible for all aspects of your flight including the contract of carriage.

    The company that flies the plane “operating carrier”, (could be another airline or a contract regional carrier), if different from the “marketing carrier”, is not responsible for your ticket.

    Now in your case it was a code share and the status of the flight was different on the 2 systems (possible since they don’t use the same technology), you really don’t have any choice but to deal with NW, even though their system didn’t have the latest information.

    A good reservation agent would go ahead and make changes for you (after your explanation), but their internal policy may prevent them from doing so until their system is updated. There doesn’t seem to be a good answer to that particular issue other than getting the NW agent to make the change for you.

    Comment by Rick Seaney — October 29, 2007 @ 5:25 pm

  11. I find it odd that you call Rule 240 a myth.
    Granted, my personal experiences as an AA Gate Agent at DFW were 15 years ago, but well after Deregulation.

    Yes, if you told me you were “invoking Rule 240″ I’d give you a blank stare. Rule 240 isn’t something a passenger “invokes”. The Agent re-routes the passenger as needed. If that involves routing to a different carrier, it’s up to the Agent to decide how to re-ticket the reservation. In most “one-on-one” situations, a FIM (Flight Interruption Manifest) will be written. The ticketing carrier will keep your ticket and give you the
    FIM to show the other airline that they are authorized to carry you.

    Sometimes, as in the example of when I have dozens of passengers to send over, it’s easier to “Rule 240″ the passengers to the other airline. The ‘new’ airline would know that AA was sending over x passengers, and all I had to do was fill in the endorsement box on the ticket (obviously, I’m talking about the pre-electronic ticket days) with my Agent Sine, signature and “Rule 240″. The other airline can know accept the ticket … even those endorsed as “valid on AA or AA Eagle only”.

    On bad weather days at DFW, we’d get notice that AA and DL have a blanket Rule 240 in place for that day. Per local agreement between the 2 airlines, we wouldn’t even need to endorse the tickets over … just send the passengers on their way.

    So to me, Rule 240 was never a statement that an airline must reaccomodate passengers on another carrier when needed. It was a method for airlines to bypass normal ticketing policies and accept another carriers ticket “no questions asked”. I don’t know if it is/was an actual rule written anywhere, but it was an industry wide term that seemed to be universal in meaning except for Southwest.

    I also find it funny that you’re quoting FAA’s comments on Rule 240. It’s a little out of their jurisdiction. The FAA is charged with overseeing safety in the skies. They have never been interested in the airline’s ticketing or re-accomodating policies. Pre-deregulation, it would’ve been the CAB; today the DOT.

    Steve

    Comment by Steve — November 1, 2007 @ 3:44 am

  12. What about IATA resolution 735d which is does say that if the very next flight is on another airlines that the carrier must purchase the ticket for you, or if you are forced to stay over night for the next flight that they must pay for your lodgings and necessities (food, ect.)? I have a copy of the 2002 Airlines guide to Involuntary Rerouting for the IATA and a list of IATA members. Seems like people should be able to envoke this rule.

    Comment by Eldergias — November 27, 2007 @ 7:00 pm

  13. God Bless you. This was emotionally helpfule to me

    Comment by Sundarlal Chuddha — November 27, 2007 @ 8:08 pm

  14. Hi Eldergias, comment #12,

    I am going to do some research on 735d and do a post on it shortly.

    I have covered the EU Passenger Rights issue in previous posts and want to make sure I have the details of this IATA resolution and chat with some airlines before I comment on this.

    Comment by Rick Seaney — November 27, 2007 @ 9:54 pm

  15. Okay, say I successfully envoked “Rule 240″ and got a flight on another carrier. What happens to my checked bags on the flight that was cancelled and how do I get them to my destination in a reasonable amount of time?

    Comment by Chuck — March 26, 2008 @ 10:11 am

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