United States Air Passenger Rights: Grounded or Cleared for Take-Off? [Note]

Abstract

The golden age of flying is no longer. ln the last two years, there has been an unprecedented surge in demand for air travel, and with that demand has come an equally unprecedented wave of passenger complaints relating to cancellations, delays, or other interruptions. Much of the allure that flying once possessed has been replaced with uncertainty, dissatisfaction, and frustration with what is and is not considered a passenger's right. This Note examines the current state of airline passenger rights in the United States and the European Union and how government regulation has shaped those rights.

This Note delves into the intricacies of the current regulatory landscape in both regions and highlights the divergent approaches to addressing passenger concerns. The United States relies on the variability of carrier-specific contracts, leaving passengers uncertain about their rights and the assistance or compensation they might receive. ln contrast, the European Union's regulatory framework provides uniformity but poses challenges in the cumbersome process of obtaining compensation and creates an environment where airlines will not do more than what is strictly required. This Note posits that neither extreme serves passengers optimally and suggests that an effective solution lies in striking a balance that safeguards consumer interests while allowing airlines operational autonomy.

This Note contributes to the ongoing discourse on airline passenger rights by offering a comparative analysis of regulatory approaches in the United States and the European Union. By scrutinizing proposed regulations in the United States, it seeks to provide insights into potential frameworks that could better serve the interests of consumers and the aviation industry, ultimately posing the question: Can a balanced regulatory model be crafted to ensure a win-win scenario for all stakeholders in air travel?