Beginning next month, if a flight is canceled or delayed because of a cyberattack, feds will give airlines clearance not to hand out meal vouchers or hotels.
The change is the result of a broader rule the Transportation Department published last week that establishes a new “cause of delay” category for tracking information, but that also reduces air carrier responsibilities to customers for 10 kinds of events. Among them: “cybersecurity attacks (provided that the air carrier is in compliance with applicable cybersecurity regulations).”
The 10 events, including those cyberattacks, are deemed “not controllable,” meaning that “carriers are no longer obligated under [customer service] plans to provide amenities or compensation when disruptions arise from these specific causes,” as Sophie Hayashi, counsel at Crowell & Moring in the transpiration group, wrote in a client alert.
Those airline-authored customer service plans aren’t legally binding, although DOT has maintained it will hold airlines “accountable” for their pledges.
One airline consumer advocacy organization, FlyersRights, was skeptical of the change, saying it came without giving the public a chance to comment and that it would be monitoring the impact on airline customers and tracking any reduction in amenities.