Taking the Kids: Do you know your rights?

What a nightmare! Three times we boarded different JetBlue planes at JFK and then deplaned. Instead of being on the beach by mid- afternoon, we were still stuck in airport limbo late into the evening.

The first two times there were mechanical issues; the third time, we were told the crew couldn’t fly because they had been on duty for too many hours. Didn’t they know that before we boarded, we wondered?

People were understandably frustrated and angry. Som e passengers were only going away for a few days and were trying to figure out if it was even worth it to go. Others didn’t know what to do about their prepaid hotel reservations. The Customer Service representatives were overwhelmed and decidedly not helpful.

We were finally given $16 meal vouchers that didn’t buy much at pricey airport concessions. Finally, JetBlue canceled the flight and we were offered a $400 travel credit (less than the actual cost of the flight) and hotel vouchers at an airport hotel. We had to be back at the airport for a 7 a.m. flight.

Everyone has their travel nightmare stories and this was my worst. At least now, as we are gearing up for holiday travel, we know that thanks to new Consumer Protection Rules from the Department of Transportation, you are entitled to a refund when your flight is significantly delayed or canceled, your luggage is delayed or the Wi-Fi you paid for doesn’t work.

Now, according to the law, airlines must offer refunds, not just vouchers, within seven days if the ticket was bought with a credit card and 20 business days, otherwise, if your domestic flight is delayed three hours or your international flight is delayed six hours. That’s assuming you don’t take the flight.

“There is no additional compensation at this time,” said Teresa Murray, the consumer watchdog director for the U.S. Public Interest Research Group.“If a flight is significantly delayed, passengers get a refund only if they opt not to take the delayed flight or a rebooked flight. That's what the law says.”

There is now mandatory 24/7 live customer service, vouchers that last five years and refunds for baggage fees when checked bags arrive 12 hours or more late for domestic flights after you arrive at the gate or 15 to 30 hours late for international flights, depending on the length of the flight.

All of the new consumer protections are in this guide: New airline passenger rights explained.

Murray further explained that “if the reason for the significant delay is the airline's fault– staffing, equipment, no pilot, scheduling, etc. – then there is additional reimbursement, if the airline has committed to the DOT what they will do, as outlined on FlightRights.gov. These commitments become part of the airline's contract of carriage. This could be overnight accommodations, meals, ground transportation and more.

The 10 major airlines are: Alaska, Allegiant, American, Delta, Frontier, Hawaiian, JetBlue, Southwest, Spirit and United.

There is a ban on fees for children to sit with a parent or adult travel partner (even if you have booked seats together, if there is a change of aircraft, the airline could have randomly put you and the kids in different rows or even sections of the plane.)

Certainly these are improvements but travel insurance can cover many out-of-pocket costs, explained Daniel Durazo, a Allianz Travel Insurance spokesman. (Compare plans at insuremytrip.com)

“When a customer’s trip is canceled, interrupted or delayed for a covered reason, Allianz Travel Insurance can cover the customer’s non-refundable lost prepaid trip expenses,” Durazo said. “This includes the customer’s other travel expenses, such as the cost of a cruise, tour, or prepaid hotel, as well as reimbursing the customer in cash for lost airfare when the airline only provides credits for future travel.

Travel insurance also can pick up the tab that protects travelers’ pre-paid non-refundable deposits, not only when they have to cancel a trip due to a wide range of covered reasons, but also in other situations like extra expenses incurred during lengthy travel delays and medical emergencies, Durazo said. Travel insurance from Allianz can pay for additional lodging, meals and transportation expenses incurred while you are delayed, as well as refunds when you have a covered illness, injury or medical condition. The new DOT rule only requires airlines to issue a voucher, and only covers “serious communicable diseases,” as defined under the rules, Durazo noted.

Allianz Travel offers the OneTrip Prime and OneTrip Premier plans, which cover kids aged 17 and under for free* when traveling with a parent or grandparent (excluding Pennsylvania residents).

There are also a dozen sections of the new law that focus on travelers who rely on wheelchairs or scooters, and passengers who have various disabilities.

Key sections require minimum training for airline workers or contractors who help wheelchair users on and off planes, or who handle wheelchairs or scooters and work to store them. The DOT is required to issue final rules by next May.

The DOT has just recently announced a $50 million penalty against American Airlines for numerous serious violations of the laws protecting passengers with disabilities, including undignified treatment of wheelchair users, untimely wheelchair assistance and the mishandling and damage to thousands of wheelchairs, leaving travelers without the device they need.

Most important, with this new law, know your rights and speak up politely if the airline isn’t doing what they should. File a complaint. (You can file a complaint with the DOT here, including family seating or disability issues.)

Just keep your cool. Yelling at the desk agent won’t help.

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(For more Taking the Kids, visit www.takingthekids.com and also follow TakingTheKids on Twitter, Facebook and Instagram where Eileen Ogintz welcomes your questions and comments. The fourth edition of The Kid’s Guide to New York City and the third edition of The Kid’s Guide to Washington D.C. are the latest in a series of 14 books for kid travelers published by Eileen.)