Passengers’ rights……….

A Reuters report says……………..You’re at a domestic airline’s check-in desk – and you’re boiling.

Perhaps you checked in and chose your seat online but now they want to you to sit elsewhere.

Or they’ve overbooked and want to offload you. Or your flight is inexplicably delayed. Or they’ve cancelled it. Or they’re rude.

First rule: keep your cool. Screaming at employees who themselves may seldom fly won’t get results. What’s more, these days quick-on-the-trigger staff are likely to call security and have you removed.

Think before you speak. A yelled rant about what an appalling airline they’re running may make you feel better – but achieve nothing.

Experts say it’s important to give the impression you know your rights – even if you don’t. References to highly-publicised law suits in the United States and elsewhere don’t cut much ice here.

While passengers have rights, Australia’s airlines ensure that, by booking with them, you’ve implicitly agreed to their terms.

“Know what you’re asking for,” advises Christopher Zinn, spokesman for Choice (as the Australian Consumers’ Association has been rebranded). “Is it compensation, vouchers for another flight, an apology or something else?”

Tell the agent, politely but firmly, that you wish to speak to someone senior. If the situation isn’t then resolved satisfactorily, write a letter.

“Airlines spend plenty to win customers – so they want to keep them happy and loyal,” adds Zinn. “Keep your letter short, to-the-point, polite and free of threats and accusations. If you’re a frequent flyer, say so – but, remember, they can check.

“State clearly what you want. Vague expressions of dissatisfaction are pointless.” Zinn suggests listing who was spoken to at the airport and when.

(In the unlikely event employees won’t divulge names, giving precise times and locations – for instance check-in counter number 12 at 2.12 pm – will enable identification.)

Attach photocopies of relevant documents (e-tickets, for example) as this reinforces an impression of efficiency. If no reply is received after, say, 10 days, follow up with another letter – querying the lack of response and attaching a copy of your first letter and, once again, photocopies of documents.

Mention you are aware you can take this further under fair trading laws.

Zinn says airlines’ customer relations departments usually reply promptly. But, if they don’t, passengers have rights under the Trade Practices Act and individual states’ fair trading laws.

Write to or telephone the department of fair trading in your state – or lodge your complaint with them online. Tribunals exist to make decisions on fairness.

The European Union has the world’s toughest passenger protection laws but, even there, airlines take advantage of well-intentioned exceptions such as weather or mechanical faults to avoid paying steep compensation.

Similar laws in the United States also have effectiveness-lessening exceptions, though tough competition ensures airlines often settle legitimate gripes quickly.

An Australian carrier flying to or from the EU or US is subject to consumer laws there.

Large United States low-cost carrier JetBlue this year turned terrible publicity into a public relations victory. Top executives agreed the carrier behaved inexcusably after a rash of delays and cancellations.

It then unveiled a “Customer Bill of Rights”, claimed to be the first of its type. Among the document’s features are a sliding scale of compensation for “controllable irregularities” such as delays.

Pay-outs depend on the delay’s duration. Passengers “involuntarily denied boarding” through overbooking receive compensation of $US1000 ($1149).

The airline promises an end to long “onboard ground delays”, a key gripe – and instead to quickly supply food, drink, access to rest rooms and, if required, medical treatment.

Also in the US, a group of frustrated fliers recently staged an unusual protest in Washington, DC, squeezing onto a mock aircraft laid out in a mall to demonstrate to politicians what is like to be stranded at the end of a runway for extended periods.

They want Congress to enact a national airline passengers’ Bill of Rights to deal with mounting complaints over delays, cancelled flights, lost baggage, fare increases and deceptive advertising. Australia is not as bad, thanks to our benign climate and less crowded airports.

Still, airline conditions of carriage openly concede that overbooking is – as the Qantas website puts it – “common practice in the airline industry”. The aim: reducing empty seats caused by “no show” passengers.

But increasingly reliable computer software, predicting the number of “no shows” on particular routes, mean “bumping” is becoming rare.

When it is necessary, airlines ask for volunteers to take another flight, and these get various rates of compensation (generally in the form of flight credits rather than cash). With too few volunteers, involuntary denial of boarding follows.

Choice says airlines “do everything they can to limit their liability for losses or inconveniences you encounter as a result of delays, cancellations, etcetera. In some cases, we think their terms and conditions wouldn’t hold up if challenged

“So, if you think you have a valid case against an airline, don’t necessarily take no for an answer.”

In extreme cases, it may be worth seeking legal advice – but most complaints are settled without this step. It is sound advice to arrive early.

Those checking in last – along with discount passengers who aren’t in frequent flyer programs – are first to be “bumped”.

Security? You can be denied boarding if you don’t comply. Further, Qantas conditions of carriage note airline staff can search your baggage even if you’re not present. Australia’s airlines cover themselves in their conditions of carriage. Small print clearly states flights may be delayed and particular seats cannot be guaranteed.

You can be asked to move to another seat, even if this entails a downgrade – or you can opt to take a later flight with a seat in the class you want. If a flight is diverted, airlines will try to get you to your intended destination – possibly by bus. With discount fares, ticket restrictions often mean if you don’t use it you lose it.

Others have no refund value, only credits to use on the same airline at a later date. While the Warsaw and Montreal Conventions apply overseas, domestically airlines limit lost-baggage compensation to $1600 for checked baggage and $160 per carry-on piece.

My own experience with lost baggage in Australia involved no response from the airline for two weeks and when I queried this I was told the person who responds was overseas on holiday.

A day-long delay on a Perth-Sydney Qantas flight led to my transfer to a hotel – but few airline staff were available and those who were present claimed to know nothing of the delay’s duration.

A common complaint was lack of information. As a Virgin Blue passenger, I spent most of a day at Coffs Harbour. Given a $5 “delay pay” voucher, I bought coffee with change going part-way towards an accompanying muffin.

Australia’s airlines try to make their on-time records look as good as possible. More upbeat news: “no shows” are becoming less of a factor.

In this era of restrictive discount fares, many companies insist travelling executives take best-fare-of-the-day options. Consequently, few fail to check in because being a “no show” means they’ve cost their employers the price of the flight.

A report by The Mole from AAP