How To Resolve Travel-Related Consumer Disputes
By Natalie Moritz | Legally reviewed by Melissa Bender, Esq. | Last reviewed June 26, 2024
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Traveling can bring unexpected challenges, like a canceled flight, lost luggage, or an issue with a hotel booking. Resolving these issues can be stressful and time-consuming. But, understanding consumer protection laws and how to address disputes effectively can make a significant difference.
This article details how to address and resolve common travel disputes, including:
- Cancelled and delayed flights and related issues
- Hotel booking and billing problems
- Travel agency and travel company issues
You'll also learn tips for dispute resolution and how to pursue legal help.
For more travel-related tips and resources, see FindLaw's Air Travel Rules and Hotel and Rental Car Rules sections.
Compensation for Flight Delays and Cancellations
Federal law protects airline passengers' rights on some aspects of air travel, like tarmac delays and overbooking flights. Further, the U.S. Department of Transportation's (DOT) "Final Rule" enacted in 2024 mandates that airlines automatically refund:
- Flight cancellations
- Significantly changed flights
- Checked baggage fees if luggage is substantially delayed
- Extra fees for services not provided
If any of the above scenarios apply, you should not have to request a refund. Airlines must automatically refund costs to your original payment method.
But you may have other issues with an airline. These are not eligible for automatic refunds under the law and can be more complicated to navigate. Examples include:
- Check-in or boarding issues
- Uncomfortable seats
- Poor customer service
The DOT requires airlines to disclose on their websites how passengers can submit a complaint. You can usually find an option to file a comment or complaint in the website's help center.
If the airline does not resolve or respond to your complaint, you can escalate it to the DOT's Office of Aviation Consumer Protection division. This agency protects air travelers' rights and oversees federal consumer protection regulations that apply to airlines. Submit a complaint form online and include all supporting documentation, including:
- Flight itineraries
- Booking confirmations and receipts
- Boarding passes
- Any correspondence with the airline and ticket agents
The DOT takes consumer complaints seriously. Submitted complaints can spur enforcement action if an airline violates consumer protection laws.
Tips for Resolving Other Air Transport Issues
If you experience an airline safety issue, submit your complaint to the Federal Aviation Administration (FAA).
If you experience an aviation security issue, report it to the Transportation Security Administration (TSA).
When negotiating with the airline on an issue not covered under the law, consider the following tips:
- Even if you booked a non-refundable ticket, the airline may still refund the tax and fee portion of your ticket price.
- Most airlines are more likely to agree to issue you a voucher for a future trip or flight credit rather than a full refund.
- Depending on the change fee, you may succeed in changing your flight to a future date to allow yourself more time to find a solution.
Some airlines encourage customers to contact them via social media. If you go this route, do not include personal information (like your passport number or date of birth) —even in direct messages (DMs). Request to use a more secure method to provide information.
Filing a Billing Dispute With a Hotel
Most hotels worry about optics — they do not want to risk a poor review or losing you as a future customer. If you experience poor customer service or encounter an issue with your room, most hotels will want to protect their reputation and work with you to find a solution.
Don't wait until you check out to voice your concerns and ask for a resolution. Report the issue as soon as possible and request that hotel management rectify the situation. Provide documentation (like photos of the room) and express your dissatisfaction. Don't forget to mention if you're a member of the hotel's loyalty program.
It is not uncommon for a hotel to offer to comp a future stay instead of issuing a refund. This allows the business the opportunity to make it right in the future rather than refunding your stay and potentially losing you as a customer. If you are unsatisfied with that solution, ask again for a refund and define your disappointment.
Hotels set their policies for refunds and cancellations. Free cancellation periods vary depending on the hotel's policy and can range from 24 hours to 60 days. Some hotels offer non-refundable room rates at a discount. If you book a non-refundable rate, you are likely on the hook for the full amount, even if you cancel well before your reservation date.
Be aware that booking a room through a third-party website or app (like Hotels.com or Expedia) may limit your options for reimbursement. These third-party booking apps often have their own terms, conditions, and "fine print." The hotel may point you back to the booking platform to resolve your issue.
Requesting a Chargeback Through Your Credit Card Company
If you paid with a credit card, you may be able to dispute your hotel charge. Most credit card issuers offer protection for unauthorized charges. Consider this step if the hotel overcharges you or refuses to refund a charge you didn't agree to.
Requesting a chargeback through your credit card usually won't work for substandard customer service or issues with the quality of your stay.
Use Effective Communication and Dispute Resolution Strategies
Collaborating with the travel provider on a solution can help. While travel issues and disruptions are upsetting, you are more likely to find a resolution if you stay calm and professional. Temper your emotions and approach the situation calmly and with respect. This will help create a more productive conversation and encourage the person you're speaking with to help you.
Be prepared and provide documentation. Back up your claims with booking confirmations, receipts, and records of previous communication with the provider. Review the provider's policies beforehand and read up on consumer rights and laws. Coming to the conversation well-informed will help reduce the likelihood of misunderstandings.
Be specific about the issue and the resolution or reimbursement you are seeking. Give the other party a chance to respond — listen actively and resist the urge to shift your focus to your response.
If the provider doesn't initially agree to your suggested resolution, try to work together to find alternatives. There are often several different solutions to any problem, and having some flexibility can help you solve the dispute.
Possible solutions should still be acceptable to you. Be sure you are satisfied with any compromise, as it will be more difficult to issue a complaint later if you have already agreed on a solution.
If you are not satisfied with the suggested solution, escalate if necessary. You can ask to speak with a supervisor or contact the company through social media.
Some companies have channels on their social platforms that consumers can use to reach customer service. You can also post publicly, which can prompt a quicker response. If you do this, be respectful but frame your experience in a way that illustrates how the mishap affected you and your travel plans.
Consumer Complaints With a Travel Agency
You can also use the dispute resolution methods above to resolve an issue with a travel agency or travel company. Travel service providers have certain duties to their clients, including the duty to warn travelers about problems that may affect their travel, like a natural disaster or a health advisory.
Still, contract laws apply to most travel agreements. Because of this, you must review the contract's terms before signing. The contract will outline payment terms, liabilities, and provided services. It will also include a cancellation clause.
You may deserve a refund or reimbursement if the travel agent has broken its contract with you. You should contact the agency's corporate office or customer service division. If unsuccessful, file a complaint with your state's consumer protection agency or attorney general's office.
The Federal Trade Commission's (FTC) Cooling-Off Rule generally does not apply to travel agency contracts. This federal rule allows you to cancel certain sales transactions within three business days. But, because this rule protects consumers from hard-sale techniques, it primarily applies to sales contracts made at places like homes, workplaces, or convention centers.
Consider Getting Professional Legal Help
If you're unsuccessful in resolving your dispute, consider hiring an attorney. Most law offices offer free consultations, which can help you decide whether legal help is worth it.
A consumer protection attorney can review the specifics of your situation and discuss your legal options. If you decide to pursue a claim, a local attorney can:
- Identify the best legal grounds for your claim
- Help protect your rights
- Work to secure an appropriate legal remedy
This expertise is crucial if you challenge a well-resourced airline or hotel chain. Contact a consumer protection attorney in your area to learn more.
Can I Solve This on My Own or Do I Need an Attorney?
- Consumer legal issues typically need an attorney's support
- You can hire an attorney to enforce your rights for safe products, fair transactions, and legal credit, banking and related financial matters
Legal cases for identify theft, scams, or the Equal Credit Opportunity Act can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.
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