HB 20-09: Air Travel Bill of Rights (Final Vote)
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  HB 20-09: Air Travel Bill of Rights (Final Vote)
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Author Topic: HB 20-09: Air Travel Bill of Rights (Final Vote)  (Read 2965 times)
Pericles
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« on: September 23, 2019, 07:21:57 PM »
« edited: November 18, 2019, 03:33:50 AM by Pericles »

Quote
A BILL
A bill to establish the rights of passengers in the cases of several flight incidents

Be it enacted in Both Houses of Congress Assembled,
Quote
Air Travel Bill of Rights
SECTION 1. APPLICABILITY
1. This bill shall establish the rights of passengers and the duties of airlines in case of:
a) Flight delays
b) Flight cancellations
c) Overbooking and boarding denials
d) Unwillful class upgrades and downgrades
e) Lost, damaged or delayed luggage
2. The regulations established by this act shall apply to:
a) All domestic flights within the Republic of Atlasia
b) All international flights departing from the Republic of Atlasia
c) All international flights arriving to the Republic of Atlasia and flown by an Atlasian airline
3. The regulations established by this act shall not apply to passengers who did not check in on time to their flight

SECTION II. FLIGHT RIGHTS
1. The right to assistance shall be defined as the right for passengers to be provided by airlines:
a) Adequate food and drink vouchers
b) A stay at a hotel and transportation to and from said hotel and the airport, if an overnight stay is required for the passengers to be transported to their destination
2. The right to economic compensation shall be defined as the right for passengers to demand, and the duty of airlines to pay within 7 days to passengers:
a) 250$ for flights shorter than 900 miles
b) 400$ for flights between 900 and 1900 miles
c) 600$ for flights longer than 1900 miles
3. The right to reimbursement or re-routing shall be defined as the right of passengers to demand to airlines, and for the airlines to provide a choice between:
a) Reimbursement of their flight tickets, and if applicable, a return flight to the airport of departure
b) Re-routing to their final destination at the earliest opportunity

SECTION III. FLIGHT DELAYS
1. Air passengers shall be granted the right to assistance as specified in Section II.1 by airlines if their flight is delayed by at least:
a) 2 hours, in cases of a flight distance shorter than 900 miles
b) 3 hours, in cases of a flight distance of between 900 miles and 1900 miles
c) 4 hours, in cases of a flight distance of at least 1900 miles
2. Passengers shall also receive the right to economic compensation as specified in Section II.2 if their arrival at their final destination at least 3 hours after their initial scheduled arrival time:
3. Section III.2 shall not apply if the delay is caused by extraordinary and unavoidable circumstances.
4. Passengers shall also be given the right to a full reimbursement of their flight costs instead if the delay is of at least 5 hours.

SECTION IV. FLIGHT CANCELLATIONS
1. A flight cancellation shall be defined as:
a) Whenever the original flight is abandoned and passengers are transferred to another scheduled flight
b) Whenever the aircraft takes off but was forced to return to the airport of departure and passengers are transferred to another flight
c) Whenever the flight arrives at an airport which is not the final destination indicated in the passenger's ticket, unless said airport also serves the same city
2. In the case of a flight cancellation, passengers shall be granted the right to reimbursement or re-routing as specified in Section II.3
3. Passengers shall also get the right to assistance as specified in Section II.1
4. Passengers shall also get the right to the compensation specified in Section II.2, unless they were informed at least 14 days before the departure of the flight or the flight was cancelled due to extraordinary and unavoidable circumstances

SECTION V. OVERBOOKING AND BOARDING DENIALS
1. Passengers who are denied boarding shall have the following rights:
a) Economic compensation as specified in Section II.3
b) The right to choose between reimbursement or re-routing as specified in Section II.2
c) The right to assistance as specified in Section II.1
2. Section V.1 shall not apply if passengers are denied boarding for the following reasons:
a) Safety, security or health reasons
b) Not having the correct travel documents

SECTION VI. UNWILLFUL CLASS UPGRADES AND DOWNGRADES
1. Passengers who are upgraded against their will can't be requested any additional payments by airlines
2. Passengers who are downgraded against their will shall have the right to reimbursement of a percentage of the price of their ticket as follows:
a) 30% for flights shorter than 900 miles
b) 50% for flights between 900 and 1900 miles
c) 75% for flights longer than 1900 miles
3. Passengers on connecting flights can only be reimbursed for the flight which was downgraded and not for the entire journey.

SECTION VII. LOST, DAMAGED OR DELAYED LUGGAGE
1. If a passenger's checked-in luggage is lost, damaged or delayed, the airline is liable and the passenger shall be entitled to compensation up to 1300$.
2. If a passenger's flight is a departure flight starting at an airport closer to their home than their arrival airport, airlines may instead provide compensation of 50$ per day and per passenger whose luggage got lost; until:
a) Said luggage is returned to the passenger,
b) The airline gives up on finding the luggage, at which point passengers shall have the right to luggage compensation specified in Section VII.1
c) 15 days from the departure of the flight have passed, at which point passengers shall have the right to luggage compensation specified in Section VII.1.

SECTION VIII. ENACTMENT
1. This bill shall become enacted immediately after passage
People's Regional Senate
Passed 4-0 in the Atlasian Senate Assembled,



Sponsor: ReaganClinton
House Designation: HB 20-09
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Pericles
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« Reply #1 on: September 23, 2019, 07:23:33 PM »

This needs a sponsor.
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RC (a la Frémont)
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« Reply #2 on: September 24, 2019, 11:05:23 AM »

I'll sponsor.
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Pericles
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« Reply #3 on: September 24, 2019, 07:02:09 PM »

24 hours to object to Representative ReaganClinton sponsoring this bill.
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Pericles
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« Reply #4 on: September 25, 2019, 08:05:00 PM »

Representative ReaganClinton is recognized as the sponsor and has 48 hours to speak on this bill.
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RC (a la Frémont)
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« Reply #5 on: September 26, 2019, 06:19:22 PM »

The basis of this bill is simple, airline companies have to be held more accountable to their customers basic needs, wether it be anything between providing assistance to the elderly or someone with disabilities to simply keeping a better track of luggage. That’s as simply as I’ll put it.
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« Reply #6 on: September 29, 2019, 09:30:43 PM »

Airlines have to pay passengers compensation within 7 days. I find this maybe a bit tight in the law, sometimes in big companies it takes time to issue payment. Is the 7 days something that is done in real life for travel rights in some countries ?

Section II, number 2
Quote
2. The right to economic compensation shall be defined as the right for passengers to demand, and the duty of airlines to pay within 7 days to passengers:
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« Reply #7 on: September 29, 2019, 11:04:01 PM »

Doubtful, the least amount of time I’ve seen is 21 days. I would propose an amendment if that is the only amendment needed, but most representatives have not commented on the bill, so I’ll hold off for now.
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« Reply #8 on: September 30, 2019, 04:36:41 AM »

Airlines have to pay passengers compensation within 7 days. I find this maybe a bit tight in the law, sometimes in big companies it takes time to issue payment. Is the 7 days something that is done in real life for travel rights in some countries ?

Section II, number 2
Quote
2. The right to economic compensation shall be defined as the right for passengers to demand, and the duty of airlines to pay within 7 days to passengers:

I borrowed most of the regulations in the bill from the real life EU regulations on the matter (mostly due to lazyness Tongue ). However the 7 day thing seems to be something I added myself (the RL bill does not specify any lengths that I could find). Either way, 21 days is ok as well.
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« Reply #9 on: September 30, 2019, 08:11:36 PM »

I'm ok with the rest of the bill. It's just the 7 days. The bill sets the maximum delay and 7 days seemed quick. With a weekend, it's 5 working days. I guess it could be quick since a company has the cusromer paying information. I was thinking of extending the period to 14 days. We could go with 7, 14, 21...
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« Reply #10 on: October 04, 2019, 12:55:07 PM »

Can we guarantee refunds/rebooking is a natural disaster is approaching?
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Dr. MB
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« Reply #11 on: October 06, 2019, 07:24:04 PM »

Can we guarantee refunds/rebooking is a natural disaster is approaching?
Great idea.
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« Reply #12 on: October 06, 2019, 08:01:14 PM »

Amendment:

Quote
A BILL
A bill to establish the rights of passengers in the cases of several flight incidents

Be it enacted in Both Houses of Congress Assembled,
Quote
Air Travel Bill of Rights
SECTION 1. APPLICABILITY
1. This bill shall establish the rights of passengers and the duties of airlines in case of:
a) Flight delays
b) Flight cancellations
c) Overbooking and boarding denials
d) Unwillful class upgrades and downgrades
e) Lost, damaged or delayed luggage
2. The regulations established by this act shall apply to:
a) All domestic flights within the Republic of Atlasia
b) All international flights departing from the Republic of Atlasia
c) All international flights arriving to the Republic of Atlasia and flown by an Atlasian airline
3. The regulations established by this act shall not apply to passengers who did not check in on time to their flight

SECTION II. FLIGHT RIGHTS
1. The right to assistance shall be defined as the right for passengers to be provided by airlines:
a) Adequate food and drink vouchers
b) A stay at a hotel and transportation to and from said hotel and the airport, if an overnight stay is required for the passengers to be transported to their destination
2. The right to economic compensation shall be defined as the right for passengers to demand, and the duty of airlines to pay within 7 business days to passengers:
a) 250$ for flights shorter than 900 miles
b) 400$ for flights between 900 and 1900 miles
c) 600$ for flights longer than 1900 miles
3. The right to reimbursement or re-routing shall be defined as the right of passengers to demand to airlines, and for the airlines to provide a choice between:
a) Reimbursement of their flight tickets, and if applicable, a return flight to the airport of departure
b) Re-routing to their final destination at the earliest opportunity

SECTION III. FLIGHT DELAYS
1. Air passengers shall be granted the right to assistance as specified in Section II.1 by airlines if their flight is delayed by at least:
a) 2 hours, in cases of a flight distance shorter than 900 miles
b) 3 hours, in cases of a flight distance of between 900 miles and 1900 miles
c) 4 hours, in cases of a flight distance of at least 1900 miles
2. Passengers shall also receive the right to economic compensation as specified in Section II.2 if their arrival at their final destination at least 3 hours after their initial scheduled arrival time:
3. Section III.2 & 4 shall not apply if the delay is caused by extraordinary and unavoidable circumstances. No Natural disaster may be considered "extraordinary" except:
- F5 Tornadoes
- Category 5 Hurricanes
- Typhoons
- Earthquakes of Magnitude 8.0 or above


4. Passengers shall also be given the right to a full reimbursement of their flight costs instead if the delay is of at least 5 hours.

SECTION IV. FLIGHT CANCELLATIONS
1. A flight cancellation shall be defined as:
a) Whenever the original flight is abandoned and passengers are transferred to another scheduled flight
b) Whenever the aircraft takes off but was forced to return to the airport of departure and passengers are transferred to another flight
c) Whenever the flight arrives at an airport which is not the final destination indicated in the passenger's ticket, unless said airport also serves the same city
2. In the case of a flight cancellation, passengers shall be granted the right to reimbursement or re-routing as specified in Section II.3
3. Passengers shall also get the right to assistance as specified in Section II.1
4. Passengers shall also get the right to the compensation specified in Section II.2, unless they were informed at least 14 days before the departure of the flight or the flight was cancelled due to extraordinary and unavoidable circumstances in accordance with Section III.3

SECTION V. OVERBOOKING AND BOARDING DENIALS
1. Passengers who are denied boarding shall have the following rights:
a) Economic compensation as specified in Section II.3
b) The right to choose between reimbursement or re-routing as specified in Section II.2
c) The right to assistance as specified in Section II.1
2. Section V.1 shall not apply if passengers are denied boarding for the following reasons:
a) Safety, security or health reasons
b) Not having the correct travel documents

SECTION VI. UNWILLFUL CLASS UPGRADES AND DOWNGRADES
1. Passengers who are upgraded against their will can't be requested any additional payments by airlines
2. Passengers who are downgraded against their will shall have the right to reimbursement of a percentage of the price of their ticket as follows:
a) 30% for flights shorter than 900 miles
b) 50% for flights between 900 and 1900 miles
c) 75% for flights longer than 1900 miles
3. Passengers on connecting flights can only be reimbursed for the flight which was downgraded and not for the entire journey.

SECTION VII. LOST, DAMAGED OR DELAYED LUGGAGE
1. If a passenger's checked-in luggage is lost, damaged or delayed, the airline is liable and the passenger shall be entitled to compensation up to 1300$.
2. If a passenger's flight is a departure flight starting at an airport closer to their home than their arrival airport, airlines may instead provide compensation of 50$ per day and per passenger whose luggage got lost; until:
a) Said luggage is returned to the passenger,
b) The airline gives up on finding the luggage, at which point passengers shall have the right to luggage compensation specified in Section VII.1
c) 15 days from the departure of the flight have passed, at which point passengers shall have the right to luggage compensation specified in Section VII.1.

SECTION VIII. ENACTMENT
1. This bill shall become enacted immediately after passage
People's Regional Senate
Passed 4-0 in the Atlasian Senate Assembled,



Sponsor: ReaganClinton
House Designation: HB 20-09
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Pericles
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« Reply #13 on: October 06, 2019, 08:25:42 PM »

24 hours to object to Representative Wulfric's amendment.
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Poirot
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« Reply #14 on: October 06, 2019, 09:34:26 PM »

In section II 2) the proposal is 7 business days instead of 7 days. I was thinking of 14 days ( i guess equals 10 business days), and another suggestion was 14 days. We need a survey to know what is more popular.

Section III 3) proposal lists natural disaster that would be considered extraordinary. I'm inclined to think it could cause problem by being restrictive. What about think fog or volcano ashes. Are they considered natural disaster; they could delay arrival to final destination by many hours.
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« Reply #15 on: October 06, 2019, 10:30:13 PM »

In section II 2) the proposal is 7 business days instead of 7 days. I was thinking of 14 days ( i guess equals 10 business days), and another suggestion was 14 days. We need a survey to know what is more popular.

Section III 3) proposal lists natural disaster that would be considered extraordinary. I'm inclined to think it could cause problem by being restrictive. What about think fog or volcano ashes. Are they considered natural disaster; they could delay arrival to final destination by many hours.

Fog is not extraordinary and unavoidable lol.

As for Volcanic Eruptions, they generally are considered natural disasters but I'm not really aware of a good way to distinguish between major and minor. Not every eruption should be exempt from economic compensation.
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Poirot
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« Reply #16 on: October 07, 2019, 05:27:35 PM »

Well, I will object. I don't want airlines to compensate for delay that is not their fault, such as an earhtquake below 8 or hurrican less than 5. Also I wanted to propose a maximum of 14 days for the payment.
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« Reply #17 on: October 07, 2019, 07:13:29 PM »

Well, I'm willing to deal on the days thing. Withdrawing the previous Amendment and presenting this

Amendment:

Quote
A BILL
A bill to establish the rights of passengers in the cases of several flight incidents

Be it enacted in Both Houses of Congress Assembled,
Quote
Air Travel Bill of Rights
SECTION 1. APPLICABILITY
1. This bill shall establish the rights of passengers and the duties of airlines in case of:
a) Flight delays
b) Flight cancellations



c) Overbooking and boarding denials
d) Unwillful class upgrades and downgrades
e) Lost, damaged or delayed luggage
2. The regulations established by this act shall apply to:
a) All domestic flights within the Republic of Atlasia
b) All international flights departing from the Republic of Atlasia
c) All international flights arriving to the Republic of Atlasia and flown by an Atlasian airline
3. The regulations established by this act shall not apply to passengers who did not check in on time to their flight

SECTION II. FLIGHT RIGHTS
1. The right to assistance shall be defined as the right for passengers to be provided by airlines:
a) Adequate food and drink vouchers
b) A stay at a hotel and transportation to and from said hotel and the airport, if an overnight stay is required for the passengers to be transported to their destination
2. The right to economic compensation shall be defined as the right for passengers to demand, and the duty of airlines to pay within 7 14 days to passengers:
a) 250$ for flights shorter than 900 miles
b) 400$ for flights between 900 and 1900 miles
c) 600$ for flights longer than 1900 miles
3. The right to reimbursement or re-routing shall be defined as the right of passengers to demand to airlines, and for the airlines to provide a choice between:
a) Reimbursement of their flight tickets, and if applicable, a return flight to the airport of departure
b) Re-routing to their final destination at the earliest opportunity

SECTION III. FLIGHT DELAYS
1. Air passengers shall be granted the right to assistance as specified in Section II.1 by airlines if their flight is delayed by at least:
a) 2 hours, in cases of a flight distance shorter than 900 miles
b) 3 hours, in cases of a flight distance of between 900 miles and 1900 miles
c) 4 hours, in cases of a flight distance of at least 1900 miles
2. Passengers shall also receive the right to economic compensation as specified in Section II.2 if their arrival at their final destination at least 3 hours after their initial scheduled arrival time:
3. Section III.2 & 4 shall not apply if the delay is caused by extraordinary and unavoidable circumstances. No Natural disaster may be considered "extraordinary" except:
- F5 Tornadoes
- Category 5 Hurricanes
- Typhoons
- Earthquakes of Magnitude 8.0 or above


4. Passengers shall also be given the right to a full reimbursement of their flight costs instead if the delay is of at least 5 hours.

SECTION IV. FLIGHT CANCELLATIONS
1. A flight cancellation shall be defined as:
a) Whenever the original flight is abandoned and passengers are transferred to another scheduled flight
b) Whenever the aircraft takes off but was forced to return to the airport of departure and passengers are transferred to another flight
c) Whenever the flight arrives at an airport which is not the final destination indicated in the passenger's ticket, unless said airport also serves the same city
2. In the case of a flight cancellation, passengers shall be granted the right to reimbursement or re-routing as specified in Section II.3
3. Passengers shall also get the right to assistance as specified in Section II.1
4. Passengers shall also get the right to the compensation specified in Section II.2, unless they were informed at least 14 days before the departure of the flight or the flight was cancelled due to extraordinary and unavoidable circumstances in accordance with Section III.3

SECTION V. OVERBOOKING AND BOARDING DENIALS
1. Passengers who are denied boarding shall have the following rights:
a) Economic compensation as specified in Section II.3
b) The right to choose between reimbursement or re-routing as specified in Section II.2
c) The right to assistance as specified in Section II.1
2. Section V.1 shall not apply if passengers are denied boarding for the following reasons:
a) Safety, security or health reasons
b) Not having the correct travel documents

SECTION VI. UNWILLFUL CLASS UPGRADES AND DOWNGRADES
1. Passengers who are upgraded against their will can't be requested any additional payments by airlines
2. Passengers who are downgraded against their will shall have the right to reimbursement of a percentage of the price of their ticket as follows:
a) 30% for flights shorter than 900 miles
b) 50% for flights between 900 and 1900 miles
c) 75% for flights longer than 1900 miles
3. Passengers on connecting flights can only be reimbursed for the flight which was downgraded and not for the entire journey.

SECTION VII. LOST, DAMAGED OR DELAYED LUGGAGE
1. If a passenger's checked-in luggage is lost, damaged or delayed, the airline is liable and the passenger shall be entitled to compensation up to 1300$.
2. If a passenger's flight is a departure flight starting at an airport closer to their home than their arrival airport, airlines may instead provide compensation of 50$ per day and per passenger whose luggage got lost; until:
a) Said luggage is returned to the passenger,
b) The airline gives up on finding the luggage, at which point passengers shall have the right to luggage compensation specified in Section VII.1
c) 15 days from the departure of the flight have passed, at which point passengers shall have the right to luggage compensation specified in Section VII.1.

SECTION VIII. ENACTMENT
1. This bill shall become enacted immediately after passage
People's Regional Senate
Passed 4-0 in the Atlasian Senate Assembled,



Sponsor: ReaganClinton
House Designation: HB 20-09


24 hours to object
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Pericles
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« Reply #18 on: October 07, 2019, 07:18:25 PM »

I'm the one who declares objection periods, 24 hours for objections to Representative Wulfric's amendment, and I accept the previous amendment is withdrawn.
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« Reply #19 on: October 07, 2019, 07:20:17 PM »

Well, I will object. I don't want airlines to compensate for delay that is not their fault, such as an earhtquake below 8 or hurrican less than 5. Also I wanted to propose a maximum of 14 days for the payment.

Pretty much this. Lesser events can be just as devastating as the ones listed in the amendment, and we shouldn't be holding the airlines responsible when they are the ones looking out for the safety of their employees and passengers.
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« Reply #20 on: October 09, 2019, 01:41:07 AM »

F5 tornadoes (and the use of the Fujita scale in general) is deprecated.

There also could be a serious difference between a typhoon (which is a broad category but even the weakest of typhoons counts towards this) and a Category 4 hurricane (which would not count towards this but is more specific overall).

This sort of meteorological arbitrary jargon isn't useful here.

We need something more broad, like a disaster declaration.
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« Reply #21 on: October 09, 2019, 03:29:28 AM »

Objecting FTR.
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« Reply #22 on: October 09, 2019, 03:34:02 AM »

Representatives have 72 hours to vote Aye, Nay or Abstain on the amendment.
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« Reply #23 on: October 09, 2019, 12:13:03 PM »

Nay
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« Reply #24 on: October 09, 2019, 05:01:07 PM »

Aye because it's my Amendment but I'd be open to this as well:


We need something more broad, like a disaster declaration.

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