Deciphering last week’s air travel protection news: What are your rights as a passenger?

Airline passenger rights have been in the spotlight since last week. First, news broke that airlines are lobbying the Trump administration to remove a wide range of consumer protection regulations. Then, the administration said that it would scrap a Biden-era rule that required airlines to compensate customers for delays and cancellations.

Amid all the headlines, it can be confusing to parse what’s still in effect and what is different. The good news is that, ultimately, not much has changed — at least for now. The bad news is that a lot remains uncertain.

For now, here’s what you need to know.

Which air travel protections are still in effect?

Almost every major rule or policy that has been in effect in the past still applies.

Refund rules remain in place

If your flight is canceled or significantly delayed and you decide not to take it, you’re still entitled to a refund. If you do take the flight or accept a new flight after a cancellation, you are not entitled to a refund.

However, if you are entitled to a refund, rules implemented by former Secretary of Transportation Pete Buttigieg that took effect last October state that those refunds have to be issued automatically to your original form of payment. That means airlines can’t only offer vouchers or flight credits instead of cash refunds.

Those refunds also have to include add-ons you paid for, like checked bags or seat assignments. The refund rules apply to flights that are canceled, as well as domestic flights delayed for at least three hours or international flights delayed by at least six hours (unless you decide to stay on the delayed flight or accept a change to a different flight). Notably, the rule only applies to the unused portion of a trip, so if you decide not to fly on the return leg of a round trip, your refund will only be for that return segment.

Those refund rules apply to flight disruptions caused by the airline, like a maintenance issue, as well as those outside of the airline’s control, like bad weather.

Keep in mind that a refund applies to the money you paid for the flight. It does not cover new expenses caused by the delay or cancellation, like an overnight hotel after a flight is canceled.

24-hour refund policy still applies, too

You’re also still entitled to a refund within 24 hours of buying your ticket, as long as you buy it at least a week in advance, per Department of Transportation policy. This policy does not necessarily apply if you book your ticket indirectly, like through an online travel agency such as Expedia or a credit card booking portal, although most of these services will still offer a 24-hour cancellation option. Also, remember that some tickets and fare classes include longer cancellation times, so be sure to pay attention to exactly what you’re buying.

Tarmac delay refreshments

Finally, airlines are required to offer food and water during tarmac delays over two hours. On domestic flights, airlines must offer the option to get off the plane after three hours on the ground; for international flights, it’s four hours. Keep in mind, though, that you won’t get anything from the airline if it breaks those rules — instead, the airline would face DOT fines.

DOT dashboard intact, still

Notably, the DOT’s air travel consumer rights dashboard is still intact. The dashboard spells out airline policies for things like meals and hotel and ground transportation costs when a flight is canceled or significantly delayed and the airline is deemed responsible.

The dashboard also grades airlines on their family seating policies.

Which air travel protections are going away?

In December, during the final weeks of the Biden administration, Buttigieg issued a proposal for new passenger compensation rules, requiring airlines to provide cash compensation to passengers in the event of cancellations or significant delays.

Under the notice of proposed rulemaking, airlines would be required to compensate passengers at least $200 when their flights were delayed three hours or more, specifically in cases where the delay was caused by something within the airline’s control. Compensation amounts would be higher for longer delays and cancellations, and the DOT added that it could formalize airline policies about reimbursing passengers for expenses caused by delays, like food, hotel and taxi purchases. (Many of the promises airlines currently offer are voluntary.)

Airlines, unsurprisingly, opposed the measure. Airlines for America, the airline industry’s lobbying organization, told TPG when the notice was first issued that the rule would “drive up ticket prices, make air travel less accessible for price-sensitive travelers and negatively impact carrier operations.”

The rule would have brought the U.S. in line with the European Union’s EU261 policy. But it won’t become a reality.

The Trump administration said last week that it will rescind the proposal, according to a public filing.

In a statement provided to TPG last week, the DOT said that it would “faithfully implement” all consumer protection policies mandated by Congress, including the codified automatic refund rule.

“Some of the rules proposed or adopted by the previous administration, however, went beyond what Congress has required by statute, and we intend to reconsider those extra-statutory requirements,” a DOT spokesperson said Friday, perhaps opening the door to rolling back additional Biden-era consumer protections.

Which protections remain ‘up in the air’?

In May, Airlines for America sent a 93-page request to the DOT seeking to withdraw a wide range of consumer protections, many under the guise of arguing that previous administrations had either wasted money enforcing them or overstepped their authority through executive actions.

The request was quietly filed in response to a docket opened under President Donald Trump’s executive order promoting deregulation through the Department of Government Efficiency, but was resurfaced last week. Airlines for America represents Alaska Airlines, American Airlines, Delta Air Lines, JetBlue, Southwest Airlines, United Airlines, Hawaiian Airlines and cargo carriers Atlas Air, FedEx and UPS.

In the filing, the lobbying group requested the withdrawal of the automatic refund rule during cancellations and major delays. It also sought to kill a pricing transparency rule that lets passengers see the full “all-in” price of tickets, and end various rules around handling of passenger wheelchairs and airport signage.

Airlines for America also asked the DOT to eliminate its consumer rights dashboard and stop tracking and publishing data in its monthly Air Travel Consumer Report. It describes these as “reporting burdens” that can be eliminated “with little-to-no adverse impact on any potential benefit.”

TPG uses the ATCR as one of its major data sources when compiling our annual Best Airlines Report, which analyzes things like airlines’ on-time performance and baggage handling mishaps, along with costs, amenities and various other aspects of air travel.

It’s unclear which of these requests — if any — will be granted. However, the impact on air travelers could be far-reaching.

Airlines for America declined to comment when TPG reached out on that story.

Our take

The Trump administration has been transparent about its deregulatory agenda, and it’s clear that airlines see an opportunity to take advantage of that — at the cost of consumers.

“We are encouraged by this Department of Transportation reviewing unnecessary and burdensome regulations that exceed its authority and don’t solve issues important to our customers,” Airlines for America told TPG on Friday. The group added that it looked forward to working with the Trump administration to implement its “deregulatory agenda.”

It’s also worth noting the cynicism of Airlines for America’s claims that the compensation rule would increase airfares. In Europe, where EU261 is in place, airfares are typically in line with fares in the U.S., while even low-cost airlines thrive in a way they never really have in the U.S.

Overall, rescinding the compensation rule highlights the importance of having some emergency cash available for unexpected bumps while traveling, as well as the value of booking your travel with a credit card that has built-in travel insurance protections. Those automatic protections can cover the cost of an unexpected hotel night or ride-hailing service (along with other expenses) when you get stuck.

Notably, these protections can apply even when your travel disruption is due to bad weather, for which few airlines offer any type of compensation.

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