Consumer protection laws protect travelers in frustrating situations. Several federal government agencies oversee and enforce these rules and regulations covering traveling consumers.
By Natalie Moritz | Legally reviewed by Melissa Bender, Esq. | Last reviewed October 24, 2024
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FindLaw's Rights to Travel section covers the basics of consumer rules and rights for travelers. This information will help you be more prepared and informed the next time you book airfare or hotel accommodations.
Even travel and sporting events can trigger consumer protection issues. Traveling typically involves a number of consumer agreements and contracts, including rental car agreements and airline reservations. Consumers often form contracts without even knowing it, like those printed on the back of tickets for travel or for sports events. Even just parking in a lot may have legal consequences that consumers are unaware of.
An experienced consumer protection or personal injury attorney is well-versed in state and federal laws protecting consumers and has experience pursuing such lawsuits. FindLaw's Consumer Protection section has articles on federal aviation rules, articles about protecting your identity, the Equal Credit Opportunity Act, state-specific information about lemon laws and much more.
Traveling can come with unexpected challenges and stress. Travelers can experience many unfortunate realities, including:
In this section, you can find articles on:
Several federal regulations and travel policies protect consumers and ensure their safety and rights when traveling by air.
National security travel regulations, like those established under the Patriot Act and by the Department of Homeland Security (DHS), also impact travelers. These rules and security protocols are designed to improve airport security and surveillance but have implications for privacy and some civil liberties.
For example, the Transportation Security Administration (TSA) regulates airline security, including screening processes and restrictions on items consumers can bring on board. But, issues like TSA profiling or putting people on the No Fly List can disrupt travel plans and raise important questions about rights and due process.
The Global Entry program, which streamlines clearance for pre-approved travelers arriving in the U.S., can sometimes lead to refusal of entry or unexpected delays if the U.S. Customs and Border Protection (CBP) questions or revokes a traveler's status.
In April 2024, the U.S. Department of Transportation finalized a new rule making it easier for travelers to get automatic refunds for:
Before this rule, there was no set standard for reimbursements in the event of delayed or canceled flights or delayed baggage.
The U.S. Department of Transportation (DOT) established the Airline Passengers' Bill of Rights, which set requirements for:
If a flight gets overbooked, most airlines will ask for volunteers to take a later flight before bumping passengers. Airlines incentivize passengers to voluntarily give up their seats by offering:
If an airline doesn't get enough volunteers, it will bump passengers. If this happens to you, the airline must compensate you:
Airlines do not have to compensate you if your new flight arrives an hour or less after your original arrival time. Compensation criteria are slightly different for international flights.
The DOT also enacted the Air Carrier Access Act (ACAA), which prohibits airlines from discriminating against passengers with disabilities. It also requires airlines to provide accommodations for passengers with disabilities.
Just because a travel issue is inconvenient and frustrating doesn't necessarily mean it's unlawful. For example, hotel management entering your room without permission can be problematic and rude — but it's not illegal (in most cases). Refusal of a disability accommodation by an airline is illegal.
Traveling typically involves several consumer agreements and contracts, including:
The conditions agreed upon when booking can include clauses that allow for certain changes, which can be legally binding. Always check the details before and after booking your tickets or accommodations.
Understanding what situations the law covers versus what is contractually allowed will help you better handle mishaps. Keeping records like your boarding pass, hotel confirmation, or luggage payment receipt is helpful in case an issue arises.
If you can't resolve the issue with the company directly, consider disputing the charge with your credit card issuer. Some credit card companies may refund charges for services not rendered.
Travel providers like airlines, hotels, and cruise lines can refuse to provide service for various reasons, including:
As long as it does not discriminate against a protected class, an airline can legally refuse service. For example, an airline can legally refuse to board an intoxicated passenger. They can also remove a passenger from a flight for yelling at a flight attendant.
Most consumers are comfortable making their own travel arrangements. But, working with a travel service can be helpful for international travel, remote locations, or complex itineraries. Besides booking airfare, accommodations, and recreation, agents can help with:
Travel agents get compensation from travel suppliers and, as a result, have a degree of loyalty to the suppliers. But, many state courts have ruled that travel agents have special duties and obligations to clients. The most obvious duty of a travel agent is to make and confirm client reservations. But agents have other duties to their clients as well:
If an airline, hotel, or rental car company has broken its contract with you or infringed on your rights, you can contact a local consumer protection attorney for help. An attorney can determine your eligibility for certain reimbursements or legal remedies under consumer laws.
Airlines and hotel groups have robust legal resources and typically teams of attorneys. You want an experienced attorney if you go up against a well-resourced legal team.
