14 C.F.R. § 250.9

Written explanation of denied boarding compensation and boarding priorities, and verbal notification of denied boarding compensation

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(a) Every carrier shall furnish passengers who are denied boarding involuntarily from flights on which they hold confirmed reserved space immediately after the denied boarding occurs, a written statement explaining the terms, conditions, and limitations of denied boarding compensation, and describing the carriers' boarding priority rules and criteria. The carrier shall also furnish the statement to any person upon request at all airport ticket selling positions which are in the charge of a person employed exclusively by the carrier, or by it jointly with another person or persons, and at all boarding locations being used by the carrier.

(b) The statement shall read as follows:

Compensation for Denied Boarding

If you have been denied a reserved seat on (name of air carrier), you are probably entitled to monetary compensation. This notice explains the airline's obligation and the passenger's rights in the case of an oversold flight, in accordance with regulations of the U.S. Department of Transportation.

Volunteers and Boarding Priorities

If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his or her will until airline personnel first ask for volunteers who will give up their reservation willingly, in exchange for compensation of the airline's choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily in accordance with the following boarding priority of (name of air carrier): (In this space the carrier inserts its boarding priority rules or a summary thereof, in a manner to be understandable to the average passenger.)

Compensation for Involuntary Denied Boarding

If you are denied boarding involuntarily, you are entitled to a payment of “denied boarding compensation” from the airline unless:

(1) you have not fully complied with the airline's ticketing, check-in and reconfirmation requirements, or you are not acceptable for transportation under the airline's usual rules and practices; or

(2) you are denied boarding because the flight is canceled; or

(3) you are denied boarding because a smaller capacity aircraft was substituted for safety or operational reasons; or

(4) on a flight operated with an aircraft having 60 or fewer seats, you are denied boarding due to safety-related weight/balance restrictions that limit payload; or

(5) you are offered accommodations in a section of the aircraft other than specified in your ticket, at no extra charge (a passenger seated in a section for which a lower fare is charged must be given an appropriate refund); or

(6) the airline is able to place you on another flight or flights that are planned to reach your next stopover or final destination within one hour of the planned arrival time of your original flight.

Amount of Denied Boarding Compensation Domestic Transportation

Passengers traveling between points within the United States (including the territories and possessions) who are denied boarding involuntarily from an oversold flight are entitled to: (1) No compensation if the carrier offers alternate transportation that is planned to arrive at the passenger's destination or first stopover not later than one hour after the planned arrival time of the passenger's original flight; (2) at least 200 percent of the fare to the passenger's destination or first stopover, or $1,075, whichever is lower, if the carrier offers alternate transportation that is planned to arrive at the passenger's destination or first stopover more than one hour but less than two hours after the planned arrival time of the passenger's original flight; and (3) at least 400 percent of the fare to the passenger's destination or first stopover, or $2,150, whichever is lower, if the carrier does not offer alternate transportation that is planned to arrive at the airport of the passenger's destination or first stopover less than two hours after the planned arrival time of the passenger's original flight.

0 to 1 hour arrival delay: No compensation.

1 to 2 hour arrival delay: 200% of one-way fare (carriers may limit this amount to $1,075 if it is higher than $1,075).*

* Nothing in the Department of Transportation's regulation prohibits carriers from offering denied boarding compensations in an amount more than the amount calculated according to the chart above, or more than the denied boarding compensation liability limit amounts stated in the chart.

Over 2 hours arrival delay: 400% of one-way fare (carriers may limit this amount to $2,150 if it is higher than $2,150).*

International Transportation

Passengers traveling from the United States to a foreign point who are denied boarding involuntarily from an oversold flight originating at a U.S. airport are entitled to: (1) No compensation if the carrier offers alternate transportation that is planned to arrive at the passenger's destination or first stopover not later than one hour after the planned arrival time of the passenger's original flight; (2) at least 200 percent of the fare to the passenger's destination or first stopover, or $1,075, whichever is lower, if the carrier offers alternate transportation that is planned to arrive at the passenger's destination or first stopover more than one hour but less than four hours after the planned arrival time of the passenger's original flight; and (3) at least 400 percent of the fare to the passenger's destination or first stopover, or $2,150, whichever is lower, if the carrier does not offer alternate transportation that is planned to arrive at the airport of the passenger's destination or first stopover less than four hours after the planned arrival time of the passenger's original flight.

0 to 1 hour arrival delay: No compensation.

1 to 4 hour arrival delay: 200% of one-way fare (carriers may limit this amount to $1,075 if it is higher than $1,075).**

** Nothing in the Department of Transportation's regulation prohibits carriers from offering denied boarding compensations in an amount more than the amount calculated according to the chart above, or more than the denied boarding compensation liability limit amounts stated in the chart.

Over 4 hours arrival delay: 400% of one-way fare (carriers may limit this amount to $2,150 if it is higher than $2,150).**

Alternate Transportation

“Alternate transportation” is air transportation with a confirmed reservation at no additional charge (by any scheduled airline licensed by DOT), or other transportation accepted and used by the passenger in the case of denied boarding.

Method of Payment

Except as provided below, the airline must give each passenger who qualifies for involuntary denied boarding compensation a payment by cash or check for the amount specified above, on the day and at the place the involuntary denied boarding occurs. If the airline arranges alternate transportation for the passenger's convenience that departs before the payment can be made, the payment shall be sent to the passenger within 24 hours. The air carrier may offer free or discounted transportation in place of the cash payment. In that event, the carrier must disclose all material restrictions on the use of the free or discounted transportation before the passenger decides whether to accept the transportation in lieu of a cash or check payment. The passenger may insist on the cash/check payment or refuse all compensation and bring private legal action.

Passenger's Options

Acceptance of the compensation may relieve (name of air carrier) from any further liability to the passenger caused by its failure to honor the confirmed reservation. However, the passenger may decline the payment and seek to recover damages in a court of law or in some other manner.

(c) In addition to furnishing passengers with the carrier's written statement as specified in paragraphs (a) and (b) of this section, if the carrier orally advises involuntarily bumped passengers that they are entitled to receive free or discounted transportation as denied boarding compensation, the carrier must also orally advise the passengers of any material restrictions or conditions applicable to the free or discounted transportation and that they are entitled to choose a check instead (or cash if that option is offered by the carrier).

(Approved by the Office of Management and Budget under control number 3024-0003) [ER-1306, 47 FR 52985, Nov. 24, 1982, as amended by ER-1337, 48 FR 29681, June 28, 1983; ER-1392, 49 FR 40401, Oct. 16, 1984; ER-1394, 49 FR 43625, Oct. 31, 1984; 68 FR 52836, Sept. 8, 2003; Doc. No. OST-01-9325, 73 FR 21034, Apr. 18, 2008; Doc. No. DOT-OST-2010-0140, 76 FR 23162, Apr. 25, 2011; Doc. No. DOT-OST-2015-0104, 80 FR 30147, May 27, 2015; Doc. No. DOT-OST-2020-0251, 86 FR 2538, Jan. 13, 2021; 89 FR 84818, Oct. 24, 2024]
Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1980–2024 · leading case: Avi Ron v. Airtran Airways, Inc., 397 S.W.3d 785 (Tex. App. 2013).
Avi Ron v. Airtran Airways, Inc., 397 S.W.3d 785 (Tex. App. 2013). · cites it 6× “granted) (quoting 14 C.F.R. § 250.9 (1984)), rev’d in part, 116 S.”
Delta Air Lines, Inc. v. Black, 116 S.W.3d 745 (Tex. 2003). · cites it 2× “; see also 14 C.F.R. § 250.9 . But Black and the court of appeals misread these regulations.”
William D. West v. Nw. Airlines, Inc., 995 F.2d 148 (9th Cir. 1993). · cites it 3× “9(b), the bumped passenger has three options: (1) he may accept the airline’s offer of alternate transportation; (2) he may accept airline compensation (in the form of money or a voucher for future travel or some combination of the two); or, (3) “the passenger may decline the…”
Black v. Delta Airlines, Inc., 160 S.W.3d 68 (Tex. App. 2002). · cites it 8× “" See 14 C.F.R. § 250.9 (b) (1984). By Black's own admission Delta attempted to placate him with alternatives, but none were acceptable.”
Travel All Over the World, Inc., & Ibrahim Y. Elgindy v. The Kingdom of Saudi Arabia & Saudi Arabian Airlines, 73 F.3d 1423 (7th Cir. 1996). “See 14 C.F.R. § 250.9 . However, Sau-dia has failed to demonstrate a conflict between these regulations and state laws that allow travel agencies to sue for an independent breach of contract by an airline.”
Kiefer v. Cont'l Airlines, Inc., 882 S.W.2d 496 (Tex. App. 1994). · cites it 2× “(citing 14 C.F.R. § 250.9 (b) (1990)). The court concluded that this option would be eviscerated if it were to hold that West's claims were completely preempted.”
William D. West v. Nw. Airlines, Inc., 923 F.2d 657 (9th Cir. 1991). · cites it 2× “Specifically, Northwest argues that it could not comply both with the federal regulations governing boarding and state common law.”
Weiss v. El Al Israel Airlines, Ltd., 433 F. Supp. 2d 361 (S.D.N.Y. 2006). “See 14 C.F.R. § 250.9 (b) (stating bumped passenger shall be informed that he or she “may decline the payment [mandated under the regulations] and seek to recover damages in a court of law or in some other manner”); 47 Fed.”
Ralph Nader, Connecticut Citizen Action Grp. v. Allegheny Airlines, Inc., 626 F.2d 1031 (D.C. Cir. 1980). · cites it 2× “The Allegheny agent at the Washington check-in area tendered to Nader the Denied Boarding Form required by CAB regulations ( 14 C.F.R. § 250.9 ). This form notifies holders of tickets on flights that are “oversold” that they are entitled to compensation from an airline if they…”
D.M. Diamond Corp. v. Dunbar Armored, Inc., 124 S.W.3d 655 (Tex. App. 2004). “5,” and (3) to establish regulations determining when a passenger is involuntarily denied boarding, citing 14 C.F.R. § 250.9 . Black further held that the parties’ contract incorporated DOT regulations about denied boarding compensation; that Black sought to enlarge Delta’s…”
Andrew Kalick v. Nw. Airlines Cor, 372 F. App'x 317 (3rd Cir. 2010). “That regulation requires carriers to furnish bumped passengers with “a written statement explaining the terms, conditions, and limitations of denied boarding compensation, and describing the carriers’ boarding priority rules and criteria.”
Pearson Ex Rel. Pearson v. Lake Forest Country Day Sch., 633 N.E.2d 1315 (Ill. App. Ct. 1994). “2d at 151-52 , citing 14 C.F.R. § 250.9 (b) (1990). The pleadings in the instant case do not allege that Phoenix held a confirmed reservation or that she was bumped from the flight in Madrid as a result of overselling.”
— 14 C.F.R. § 250.9(b) — 2 cases
Chukwu v. Bd. of Directors Varig Airline, 880 F. Supp. 891 (D. Mass. 1995).
Vargas v. Expedia, Inc. (N.D. Cal. 2024).
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