Before deregulation of 1978, Rule 240 was literally a federal requirement and all carriers had the same rules – fares and routes were regulated by the now defunct Civil Aeronautics Board (CAB) – now each carrier’s own contract of carriage explains their own effect. These “conditions of carriage” have been filed with the U.S. Department of Transportation (DOT) guaranteeing their respective Rule 240s.
Since deregulation, it is not a government requirement, but many carriers “respect” the old rules, making Rule 240 an aviation non-governmental regulation.
Before deregulation of 1978, Rule 240 was literally a federal requirement and all carriers had the same rules – fares and routes were regulated by the now defunct Civil Aeronautics Board (CAB) – now each carrier’s own contract of carriage explains their own effect. These “conditions of carriage” have been filed with the U.S. Department of Transportation (DOT) guaranteeing their respective Rule 240s.
Since deregulation, it is not a government requirement, but many carriers “respect” the old rules, making Rule 240 an aviation non-governmental regulation. If an airline cannot get you to your destination on time due to a delay that is the carrier’s fault, it has to put you on a competitor’s flight if said carrier’s next flight will get you to your destination faster, even if it means an upgrade to business class or first-class seating. This regulation is normally listed under “failure to operate as scheduled” in each carrier’s contract of carriage.
If your flight is delayed or cancelled, or if you’ve missed your flight connection, you may or may not be entitled to: free meal vouchers, confirmation on the carrier’s next flight or another carrier, the option not to travel and obtain a refund if problems persist, hotel accommodation, ground transportation, phone calls, and other amenities.
Rule 240s only applies to U.S. carriers, not international or foreign carriers. Also, the rule applies only to delays that are absolutely the carrier’s fault, such as mechanical delays. They do not apply to “force majeure” events such as inclement weather, union strikes, acts of God and anything else beyond the carriers’ control. It can be used as a verb by the carrier, “we need to 240 him”, or a noun, “we have a 240 here”.
One of the better carrier rules is with Northwest Airlines. If they can’t provide acceptable flight on their own carrier they will endorse you to another carrier. When the carrier’s fault makes you miss a connection or their flight is canceled – say the magic words, “Please 240 me on another carrier”.
This is contrasted with a very weak United Airlines rule and a Delta Air Lines rule that merely says it is within their discretion what will, if anything, be given.
If a carrier is subject to Rule 240 and wrongfully ignores you and you must travel earlier – pay for the competitive flight and sue in small claims court for breach of contract for your loss of time and your mitigating monies spent to cure the breach.
