Effective August, 23, 2011, airlines will be required to refund any fee for carrying a bag if the bag is lost.  Airlines are already required to compensate passengers for reasonable expenses for loss, damage or delay in the carriage of passenger baggage.  Under the new rules, airlines must now prominently disclose all optional fees on their websites, including but not limited to fees for baggage, meals, canceling or changing reservations, or advanced or upgraded seating.

The new rules also double the amount of money passengers are eligible to be compensated for in the event they are involuntarily bumped from an oversold flight.  Previously, bumped passengers were entitled to cash compensation equal to the one-way value of their tickets, up to $400, if the airline was able to get them to their destination within a short period of time (within 1 to 2 hours of their originally scheduled arrival time for domestic flights and 1 to 4 hours for international flights).  If they were delayed for a lengthy period of time (more than two hours after their originally scheduled arrival time for domestic flights and 4 hours for international flights), they were entitled to double the one-way price of their tickets, up to $800.  Under the new rule, bumped passengers subject to short delays will receive compensation equal to double the one-way price of their tickets, up to $650, while those subject to longer delays would receive payments of four times the one-way value of their tickets, up to $1,300.  Inflation adjustments will be made to those compensation limits every two years.

The Department of Transportation’s new rule also expands the existing ban on lengthy tarmac delays to cover the international flights of foreign airlines at U.S. airports, and establishes a hard four-hour time limit on tarmac delays for all international flights at U.S. airports.  It also extends the three-hour tarmac delay limit for domestic flights, currently in place only at large-hub and medium-hub airports, to flights at small-hub and non-hub airports as well. All carriers subject to the tarmac rule will be required to report lengthy tarmac delays to DOT.  In all cases, exceptions to the time limits are allowed only for safety, security or air traffic control-related reasons.   Carriers must also ensure that passengers stuck on the tarmac are provided adequate food and water after two hours, as well as working lavatories and any necessary medical treatment.

Additional measures under the new rule will take effect January 24, 2012, including:

• Requiring all taxes and fees to be included in advertised fares.
• Banning post-purchase price increases.
• Allowing passengers to hold a reservation without payment, or to cancel it without penalty, for 24 hours after the reservation is made, if the reservation is made one week or more prior to a flight’s departure date.
• Requiring disclosure of baggage fees when passengers book a flight.
• Requiring that the same baggage allowances and fees apply throughout a passenger’s journey.
• Requiring disclosure of baggage fee information on e-ticket confirmations.
• Requiring prompt notification of delays of over 30 minutes, as well as cancellations and diversions.

The final rule, proposed rule and comments are available on the Internet at www.regulations.gov, docket DOT-OST-2010-0140.

If you need assistance understanding your rights or wish to file a complaint regarding your treatment from an airline, please contact The Gordon Law Firm in Oldsmar, Florida.  The Gordon Law Firm serves all of Pinellas County including Clearwater and St. Petersburg, Pasco County, Tampa, and the entire Tampa Bay area.  

While such preparations certainly are the most critical, if you have time (and ideally before the start of hurricane season) there are some other steps you can take to protect the legal and financial security of your family in the face of a potential threat.

1. Review Your Insurance Policies.  Make sure to read the terms of coverage as well as the dates of coverage to make sure there is no lapse.  Also, while many people have home insurance covered by escrow payments as part of a mortgage, it is quite common that flood or other optional insurance policies are not included.  Even if you pay for your own policy, floods (rising water damage) are not generally covered under standard homeowner policies. Though some may be required to have flood insurance, if you don’t, make sure to research it.  In particular, if you live in an area that is not high-risk, coverage can be very affordable and can give you peace of mind during stormy times. Also, don’t forget to have important phone numbers and contact information for your agent(s).

Flood Maps can be found HERE

Federal Emergency Management Agency (FEMA) Flood Insurance Information can be found HERE

2. Have Copies of All Important Documents. Make sure to have copies of all important legal or financial documents (not to mention personal documents or files such as photographs and letters).  Such documents may be critical to life immediately after the disaster. You can keep your documents (or stored computer data on a DVD or USB memory stick) in a safety deposit box, but remember that if a disaster area is sufficiently large or damaged, you may not get access to the bank for some time.  One other option is to scan them and either email to yourself or store online in data (cloud) storage.  However, make sure to properly secure any data you store online.

3. Home Inventory.  As part of insurance and copies of documents, it is important to document the items you own for keepsake and insurance purposes.  Anything you can do to prove to an insurance company will help you in justifying your claim—including photographs of items and sales receipts.

4. Plan Multiple Evacuation Routes. If it gets bad, your primary route may be congested, blocked, diverted, shut-down, or otherwise unavailable.  If possible, make sure to have more than one way out of “dodge.”

5. Don’t forget about pets. Many hurricane shelters do not allow pets, so make sure to make plans for these members of your family.

6. Watch Out for Price Gouging.  Under Florida Statute 501.160: during a state of emergency, it is unlawful to sell, lease, offer to sell, or offer for lease essential commodities, dwelling units, or self-storage facilities for an amount that grossly exceeds the average price for that commodity during the 30 days before the declaration of the state of emergency, unless the seller can justifying the price by showing increases in its prices or market trends. Examples of necessary commodities are food, ice, gas, and lumber.

The law only covers essentials and gouging is determined by comparing the reported price of the commodity or service during the state of emergency to the average price charged over the 30-day period prior to the declared state of emergency. If there is a “gross disparity” between the prior price and the current charge, it is considered price gouging.

If you suspect price gouging, there may not be much you can do in the immediacy of a hurricane or natural disaster.  However, you may still want to  obtain as much information as possible in the form of estimates, invoices, receipts or bills to report the violator to the authorities. When comparing products, note as much information as possible, including the product name, size or quantity, manufacturer, item number and unit price. For lumber products, note the grade, thickness and quality. If it is a service such as storage or towing, note the per-mile (or other distance) charge, removal charges, per-day storage charges and other charges such as security, clean up or other “add-ons.” Report this information to the Attorney General’s Price Gouging Hotline at 1-866-966-7226. You may also report violations online at http://myfloridalegal.com or mail documents to the following address:

Office of the Attorney General
The Capitol, PL-01
Tallahassee, FL 32399-1050

Please remember to include your name, the name of the company or individual, and a complaint number, if you received one.

UPDATE: This is a link to a great article that covers the basics of preparation, and also has some good technical information on backing up and protecting your data.

If you need assistance reviewing your insurance policies, updating or securing your important documents, or you are the victim of price gouging, please contact The Gordon Law Firm in Oldsmar, Florida.  The Gordon Law Firm serves all of Pinellas County including Clearwater and St. Petersburg, Pasco County, Tampa, and the entire Tampa Bay area.  The Gordon Law Firm can help you understand your rights and seek justice or represent your needs to the authorities regarding those who may have taken advantage of you in a time of need.

• Having to buy into the program
• Having to buy marketing and advertising materials
• Having to pay to attend training seminars

Tools you can use to help identify a scam: 

1. www.Snopes.com
2. www.Google.com
3. Friends and Family–run the idea by a few people you trust and see what they think

If you you have been or think you have been the victim of a scam, you can contact The Gordon Law Firm and Brent can help you figure out the situation and help you take steps to protect your rights and limit any damage.