The Trump administration is narrowing the circumstances under which airlines are obligated to provide compensation for flight delays.
According to a new Federal Aviation Administration (FAA) rule that goes into effect on Oct. 19, airlines will no longer be considered legally responsible for 10 types of delay-causing events, eliminating the obligation to provide travelers with hotels, food vouchers, and other types of compensation when they occur.
Delays no longer considered the fault of airlines include:
- Cybersecurity attacks, “provided that the air carrier is in compliance with applicable cybersecurity regulations”
- Unscheduled maintenance
- Removal of unruly passengers
- Aircraft cleaning necessitated by the death of a passenger
- Aircraft damage caused by extreme weather, foreign object debris or sabotage
- Baggage or cargo loading delays caused by an outage of a bag system not controlled by the airline or its contractor
- A shutdown or system failure of government systems that directly affects the ability of an air carrier to conduct flights safely and is unexpected
- Overheated brakes due to a safety incident resulting in the use of emergency procedures
- An emergency that requires medical attention through no fault of the carrier
- Airport closures due to the presence of volcanic ash, wind or wind shear
The rule, published in the Federal Register on Sept. 9, revises a portion of the FAA Reauthorization Act of 2024, which sought to increase airlines’ accountability for air travel delays of 15 minutes or longer.
As a result of the change, “it is expected that the total value of amenities and compensation currently provided by air carriers to consumers will be reduced,” according to the FAA.
The new rule does not prohibit airlines from compensating passengers for delays caused by cyberattacks or other reasons on the list. However, industry observers say the policy change could make it harder for travelers to receive compensation for delays that previously may have qualified.
