us travel law

From vaccines to testing: What travelers need to know before the new US travel system on Nov. 8

• The U.S. is launching a new travel system on Nov. 8.
• Vaccinated foreign air travelers will need to show proof of full vaccination and test for COVID-19.
• The new travel system also adds more stringent testing requirements for unvaccinated U.S. travelers.

The United States is about to make it much easier for vaccinated international travelers to visit.  

The White House announced that a new air travel system will take effect Nov. 8, allowing entry for fully vaccinated foreign tourists .  The system is set to launch nearly two years after the U.S. began imposing travel restrictions to prevent the spread of COVID-19 . 

The move by the White House will essentially have the U.S. drop its travel ban on dozens of countries while also making entry more challenging for the unvaccinated. The new system will allow entry for foreign nationals only with vaccinations approved for emergency use by the World Health Organization and would add testing requirements for unvaccinated Americans.

Here’s what we know about the new travel requirements:

What are the entry requirements for foreign nationals?

Starting Nov. 8, non-citizen, non-immigrant air travelers   will need to show proof of full vaccination as well as a pre-departure negative coronavirus test taken within three days of travel before they can board a plane to the U.S. 

Learn more: Best travel insurance

Acceptable forms of proof of vaccination include:

• Digital or paper verifiable record, such as a vaccination certificate or a digital pass with a QR code.  
• Nonverifiable paper record, such as a printout of a COVID-19 vaccination record or COVID-19 vaccination certificate.
• Nonverifiable digital record, such as a digital photo of a vaccination card or record, downloaded vaccine record, downloaded vaccination certificate or a mobile phone application without a QR code.  

The U.S. will accept nucleic acid amplification tests, including PCR tests, and antigen tests. The rules will go into effect for passengers on planes leaving for the U.S. at or after 12:01 a.m. ET on Nov. 8.  

Airlines will collect basic personal contact information   from all U.S.-bound travelers for contact tracing. Airlines are required to keep the information on hand so the Centers for Disease Control and Prevention   can reach out to travelers who may have been infected or exposed to COVID-19.

Masking will be required, but there will be no quarantine mandate for vaccinated travelers or unvaccinated children .

► US  travel bans: How COVID-19 travel restrictions have impacted families and couples

The change will make entering the U.S. possible for travelers from countries now listed on the U.S. travel ban, which prohibits entry for travelers who have been in any of the regions within the past 14 days. The travel ban  took effect in early 2020 and includes :

• United Kingdom
• Republic of Ireland
• South Africa
• The European Schengen area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino and Vatican City)

Currently, the U.S. asks international air passengers only to get tested within three days of their flight to the U.S. and show either the negative test result or proof of recovery  from COVID-19 before boarding. 

What about the land borders with Mexico and Canada?

New travel rules will also take effect for foreign nationals arriving by land or passenger ferry.

Starting Nov. 8, fully vaccinated foreign nationals can cross the land borders for nonessential reasons such as tourism or visiting friends and family . These travelers will need to verbally attest to their reason for travel and vaccination status and be prepared to show proof of vaccination  upon request. U.S. Customs and Border Protection will accept both digital and paper records showing proof of vaccination, including documents not in English.   Foreign nationals will also need appropriate travel documentation to enter the country.  

CBP will spot-check travelers' vaccination documents, and those without documented proof of vaccination can be denied entry. Travelers under 18 will be exempt from the vaccination requirement as long as they are traveling with a fully vaccinated adult, according to Matthew Davies, CBP's executive director of admissibility and passenger programs.  

The new travel rules will go into effect as soon as a port of entry opens on Nov. 8, or at midnight for ports that operate 24 hours a day changes will go into effect at midnight on Nov. 8 for ports that operation 24 hours a day.  

U.S. citizens reentering the country should also bring a Western Hemisphere Travel Initiative document, such as a valid passport, trusted traveler program card, enhanced driver's license or enhanced tribal card. 

Entry rules along the border will change again in early January, with all travelers – including those traveling for essential purposes – required to show proof of full vaccination. 

► US land borders: Travelers in Mexico and Canada plan their next US visit after new land border policy announced

Which vaccines does the US accept for travel?

The CDC has announced that vaccines approved for emergency use by the U.S. Food and Drug Administration and World Health Organization will be accepted for air travel. White House officials expect the CDC to approve the same vaccines for travelers entering the U.S. by land or ferry.  

The FDA has authorized three COVID-19 vaccines for emergency use during the pandemic: Moderna, Johnson & Johnson and Pfizer-BioNTech, the last of which has received the FDA's full stamp of approval.

Vaccines with WHO approval for emergency use include:

• Johnson & Johnson
• Pfizer-BioNTech
• Oxford-AstraZeneca/Covishield 

The CDC confirmed that it would accept a mix-and-match approach to vaccinations. Travelers who have any combination of FDA- or WHO-approved vaccines will be considered fully vaccinated.

The new travel policy does not accept foreign travelers who have had COVID and received just one shot in a two-dose series. White House press secretary Jen Psaki said Tuesday that the administration will "continue to review" its entry requirements.  

► Covaxin gets WHO emergency approval: Travelers vaccinated with Covaxin can enter US   

► 'You feel lonely and left out': These fully vaccinated travelers want to visit the US. They may not be allowed in.

How do the new rules affect kids? 

Foreign nationals under 18 are exempt from the vaccination requirement. Children under two will not need to take a pre-departure COVID test.

Kids 2 and older traveling with a fully vaccinated adult can test three days prior to departure, while children traveling alone or with unvaccinated adults will need to get tested within one day of departure. 

Currently, all air passengers 2 or older, including U.S. citizens and permanent residents, need to show a negative coronavirus test to fly to the U.S.

What are the entry requirements for Americans?

The new travel system adds more stringent testing requirements for unvaccinated U.S. travelers.

Starting Nov. 8, unvaccinated U.S. citizens and permanent residents will need to take a test one day before departure and test again upon arrival in the U.S. 

► New travel rules: What US travelers need to know about the new COVID rules for international flights

Entry requirements will not change for vaccinated Americans. They will still need to show proof of a negative coronavirus test taken no more than three days before departure. 

Americans will not need to be fully vaccinated to board international flights to the U.S.

Are there any exemptions?

There is a limited set of travelers who are exempt from the vaccine requirement for entry.

Children under 18, certain COVID-19 vaccine clinical trial participants and travelers with adverse reactions to the vaccines – such as people who have had severe anaphylactic allergic reactions to a prior COVID-19 vaccine –  will be exempt.

People traveling on non-tourist visas from countries with less than 10% of its population vaccinated who need to enter the U.S. for emergency or humanitarian reasons are also exempt from the vaccine requirement. There are about 50 countries considered to have low vaccine availability at this time.

These exempt travelers will generally need to show that they will comply with public health mandates, including a requirement to be vaccinated in the U.S. if they plan to stay more than 60 days.  

Unless they have recovered from COVID-19 within the last 90 days, unvaccinated travelers  must agree to be tested with a COVID-19 viral test three to five days after their arrival and quarantine for seven days, even if their post-arrival test comes back negative. 

Unvaccinated travelers who are not U.S. citizens or permanent residents must also agree to self-isolate if their post-arrival test is positive or if they develop COVID-19 symptoms. 

Unvaccinated children under 18 will not need to quarantine but will still need to take a post-arrival test. 

► Who is exempt?: These select groups of unvaccinated foreign travelers can enter the US

The CDC will not give exemptions  to people who object to the vaccinations due to religious or moral convictions. 

There will also be testing accommodations for travelers who can prove they recently recovered from the coronavirus. These travelers will need to show a positive COVID-19 viral test result on a sample taken no more than 90 days before their flight's departure and a letter from a licensed healthcare provider or public health official saying they are cleared for travel.  

Follow USA TODAY reporter Bailey Schulz on Twitter: @bailey_schulz . 

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Almost a million individuals enter the U.S. daily. Everyone arriving at a port of entry to the U.S. is subject to inspection by Customs and Border Protection officers for compliance with immigration, customs and agriculture regulations. The more international travelers know about what to expect, the easier and quicker the process becomes.  

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COVID-19 international travel advisories

If you plan to visit the U.S., you do not need to be tested or vaccinated for COVID-19. U.S. citizens going abroad, check with the Department of State for travel advisories.

COVID-19 testing and vaccine rules for entering the U.S.

• As of May 12, 2023, noncitizen nonimmigrant visitors to the U.S.  arriving by air  or  arriving by land or sea  no longer need to show proof of being fully vaccinated against COVID-19. 
• As of June 12, 2022,  people entering the U.S. no longer need to show proof of a negative COVID-19 test . 

U.S. citizens traveling to a country outside the U.S.

Find country-specific COVID-19 travel rules from the Department of State.

See the  CDC's COVID-19 guidance for safer international travel.

LAST UPDATED: December 6, 2023

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Automatic Refunds and No More Hidden Fees: D.O.T. Sets New Rules for Airlines

The Transportation Department issued new requirements on refunds when flights are canceled or delayed and on revealing “junk” fees before booking. Here’s what passengers can expect.

By Christine Chung

The Transportation Department on Wednesday announced new rules taking aim at two of the most difficult and annoying issues in air travel: obtaining refunds and encountering surprise fees late in the booking process.

“Passengers deserve to know upfront what costs they are facing and should get their money back when an airline owes them — without having to ask,” said U.S. Transportation Secretary Pete Buttigieg in a statement, adding that the changes would not only save passengers “time and money,” but also prevent headaches.

The department’s new rules, Mr. Buttigieg said, will hold airlines to clear and consistent standards when they cancel, delay or substantially change flights, and require automatic refunds to be issued within weeks. They will also require them to reveal all fees before a ticket is purchased.

Airlines for America , a trade group representing the country’s largest air carriers, said in a statement that its airlines “abide by and frequently exceed” D.O.T. consumer protection regulations.

Passenger advocates welcomed the new steps.

Tomasz Pawliszyn, the chief executive of AirHelp, a Berlin-based company that assists passengers with airline claims, called it a “massive step forward and huge improvement in consumer rights and protection” that brings the United States closer to global standards in passenger rights.

Here’s what we know about the D.O.T.’s new rules, which will begin to go into effect in October.

There’s now one definition for a “significant” delay.

Until now, airlines have been allowed to set their own definition for a “significant” delay and compensation has varied by carrier . Now, according to the D.O.T., there will be one standard: when departure or arrival is delayed by three hours for domestic flights and six hours for international flights.

Passengers will get prompt refunds for cancellations or significant changes for flights and delayed bags, for any reason.

When things go wrong, getting compensation from an airline has often required establishing a cumbersome paper trail or spending untold hours on the phone. Under the new rules, refunds will be automatic, without passengers having to request them. Refunds will be made in full, excepting the value of any transportation already used. Airlines and ticket agents must provide refunds in the original form of payment, whether by cash, credit card or airline miles. Refunds are due within seven days for credit card purchases and within 20 days for other payments.

Passengers with other flight disruptions, such as being downgraded to a lower service class, are also entitled to refunds.

The list of significant changes for which passengers can get their money back also includes: departure or arrival from an airport different from the one booked; connections at different airports or flights on planes that are less accessible to a person with a disability; an increase in the number of scheduled connections. Also, passengers who pay for services like Wi-Fi or seat selection that are then unavailable will be refunded any fees.

Airlines must give travel vouchers or credits to ticketed passengers unable to fly because of government restrictions or a doctor’s orders.

The vouchers or credits will be transferable and can be used for at least five years after the date they were issued.

Fees for checked baggage and modifying a reservation must be disclosed upfront.

Airlines and ticket agents are now required to display any extra fees for things like checking bags or seat selection clearly and individually before a ticket purchase. They will also need to outline the airline’s policies on baggage, cancellations and changing flights before a customer purchases a ticket.

The rules, which apply to all flights on domestic airlines and flights to and from the United States operated by foreign airlines, have varying start dates.

For example, automatic refunds must be instituted by the airlines within six months. But carriers have a year before they’re required to issue travel vouchers and credits for passengers advised by a medical professional not to fly.

Follow New York Times Travel on Instagram and sign up for our weekly Travel Dispatch newsletter to get expert tips on traveling smarter and inspiration for your next vacation. Dreaming up a future getaway or just armchair traveling? Check out our 52 Places to Go in 2024 .

Christine Chung is a Times reporter covering airlines and consumer travel. More about Christine Chung

Open Up Your World

Considering a trip, or just some armchair traveling here are some ideas..

52 Places:  Why do we travel? For food, culture, adventure, natural beauty? Our 2024 list has all those elements, and more .

Mumbai:  Spend 36 hours in this fast-changing Indian city  by exploring ancient caves, catching a concert in a former textile mill and feasting on mangoes.

Kyoto:  The Japanese city’s dry gardens offer spots for quiet contemplation  in an increasingly overtouristed destination.

Iceland:  The country markets itself as a destination to see the northern lights. But they can be elusive, as one writer recently found .

Texas:  Canoeing the Rio Grande near Big Bend National Park can be magical. But as the river dries, it’s getting harder to find where a boat will actually float .

8 U.S. Code § 1185 - Travel control of citizens and aliens

Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

The term “ United States ” as used in this section includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States . The term “ person ” as used in this section shall be deemed to mean any individual, partnership, association, company, or other incorporated body of individuals, or corporation, or body politic.

Nothing in this section shall be construed to entitle an alien to whom a permit to enter the United States has been issued to enter the United States , if, upon arrival in the United States , he is found to be inadmissible under any of the provisions of this chapter, or any other law, relative to the entry of aliens into the United States .

The revocation of any rule, regulation, or order issued in pursuance of this section shall not prevent prosecution for any offense committed, or the imposition of any penalties or forfeitures, liability for which was incurred under this section prior to the revocation of such rule, regulation, or order.

Passports, visas, reentry permits, and other documents required for entry under this chapter may be considered as permits to enter for the purposes of this section.

For definition of Canal Zone, referred to in subsec. (c), see section 3602(b) of Title 22 , Foreign Relations and Intercourse.

This chapter, referred to in subsecs. (d) and (f), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163 , known as the Immigration and Nationality Act , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

1994—Subsec. (b). Pub. L. 103–416 inserted “United States” after “valid”.

1978—Subsec. (a). Pub. L. 95–426, § 707(a) , substituted provision that the enumerated acts would, unless otherwise ordered by the President, be deemed unlawful for provisions declaring it unlawful when the United States is at war or during a proclaimed national emergency, or, as to aliens, when there exists a state of war between two or more states and the President finds that the interests of the United States require restrictions to be imposed upon departure of persons from and their entry into the United States.

Subsec. (b). Pub. L. 95–426, § 707(b) , substituted provisions prohibiting departure or entry except as otherwise provided by the President and subject to such limitations and exceptions as he may authorize or prescribe, for provisions prohibiting such departure or entry after proclamation of a national emergency has been made, published and in force.

Subsec. (c). Pub. L. 95–426, § 707(d) , redesignated subsec. (d) as (c). Former subsec. (c), which provided for penalties for violation of this section, was struck out.

Subsec. (d). Pub. L. 95–426, § 707(d) , redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 95–426, § 707(c) , (d), redesignated subsec. (f) as (e) and struck out “proclamation,” before “rule” in two places. Former subsec. (e) redesignated (d).

Subsecs. (f), (g). Pub. L. 95–426, § 707(d) , redesignated subsec. (g) as (f). Former (f) redesignated (e).

Pub. L. 103–416, title II, § 204(b) , Oct. 25, 1994 , 108 Stat. 4311 , provided that:

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title .

Authority of President under subsec. (a)(1) of this section to maintain custody and conduct screening of any undocumented person seeking to enter the United States who is encountered in a vessel interdicted on the high seas through Dec. 31, 2000 , delegated to Attorney General by Memorandum of President of the United States, Sept. 24, 1999 , 64 F.R. 55809 , set out as a note under section 1182 of this title .

Pub. L. 114–125, title VIII, § 802(j) , Feb. 24, 2016 , 130 Stat. 216 , provided that:

Pub. L. 115–79, § 4(b)(2) , Nov. 2, 2017 , 131 Stat. 1260 , provided that:

Pub. L. 112–54 , Nov. 12, 2011 , 125 Stat. 550 , known as the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011, provided for the issuance of Asia-Pacific Economic Cooperation Business Travel Cards for a 7-year period ending on Sept. 30, 2018 , prior to repeal by Pub. L. 115–79, § 4(b)(1) , Nov. 2, 2017 , 131 Stat. 1260 . See section 218 of Title 6 , Domestic Security.

Pub. L. 110–53, title VII, § 724 , Aug. 3, 2007 , 121 Stat. 350 , provided that:

Pub. L. 108–458, title VII, § 7209 , Dec. 17, 2004 , 118 Stat. 3823 , as amended by Pub. L. 109–295, title V, § 546 , Oct. 4, 2006 , 120 Stat. 1386 ; Pub. L. 110–53, title VII, § 723 , Aug. 3, 2007 , 121 Stat. 349 ; Pub. L. 110–161, div. E, title V, § 545 , Dec. 26, 2007 , 121 Stat. 2080 , provided that:

[Amendment by Pub. L. 110–161, § 545 , to section 7209 of Pub. L. 108–458 , set out above, was executed to reflect the probable intent of Congress , notwithstanding errors in the directory language.]

Ex. Ord. No. 12172 , Nov. 26, 1979 , 44 F.R. 67947 , as amended by Ex. Ord. No. 12206 , Apr. 7, 1980 , 45 F.R. 24101 , provided:

By virtue of the authority vested in me as President by the Constitution and laws of the United States , including the Immigration and Nationality Act , as amended [this chapter], 8 USC 1185 and 3 USC 301 , it is hereby ordered as follows:

Section 1–101. Delegation of Authority. The Secretary of State and the Attorney General are hereby designated and empowered to exercise in respect of Iranians the authority conferred upon the President by section 215(a)(1) of the Act of June 27, 1952 ( 8 USC 1185 ), to prescribe limitations and exceptions on the rules and regulations governing the entry of aliens into the United States.

Section 1–102. Effective Date. This order is effective immediately.

Ex. Ord. No. 13323 , Dec. 30, 2003 , 69 F.R. 241 , provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 215 of the Immigration and Nationality Act (INA), as amended ( 8 U.S.C. 1185 ), and section 301 of title 3 , United States Code, and to strengthen the national security of the United States through procedures and systems to manage and control the arrival and departure of persons from the United States, it is hereby ordered as follows:

Section 1. Functions of the Secretary of Homeland Security . The Secretary of Homeland Security is assigned the functions of the President under section 215(a) of the INA with respect to persons other than citizens of the United States. In exercising these functions, the Secretary of Homeland Security shall not issue, amend, or revoke any rules, regulations, or orders without first obtaining the concurrence of the Secretary of State.

Sec . 2. Functions of the Secretary of State. The Secretary of State is assigned the functions of the President under section 215(a) and (b) of the INA with respect to citizens of the United States, including those functions concerning United States passports. In addition, the Secretary may amend or revoke part 46 of title 22, Code of Federal Regulations, which concern persons other than citizens of the United States. In exercising these functions, the Secretary of State shall not issue, amend, or revoke any rules, regulations, or orders without first consulting with the Secretary of Homeland Security .

Sec . 3. Judicial Review. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.

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Airlines must cough up cancellation cash and can no longer hide fees under new federal rule

A federal rule announced Wednesday will require airlines to quickly give cash refunds — without lengthy arguments — to passengers whose flights have been canceled or seriously delayed, the Biden administration said.

“Passengers deserve to get their money back when an airline owes them — without headaches or haggling,” Transportation Secretary Pete Buttigieg said in a statement.

The rule from the Department of Transportation says passengers who decline other reimbursement like travel credits are to get a cash refund.

It applies to canceled flights or when flights have a “significant change,” the administration said.A “significant change” includes when departure or arrival times are three or more hours different than scheduled for domestic flights or six hours for international flights, and also cases where the airport is changed or connections added, it said.

Passengers are also to get a refund when their baggage is 12 hours late in delivery for domestic flights.

The new rule comes after promises to hold airlines accountable after major disruptions that made travel hell for passengers, including the 2022 Southwest Airlines meltdown that resulted in almost 17,000 significantly delayed or canceled flights and a missing baggage nightmare.

The Department of Transportation said that the new rule means refunds are automatic, and "airlines must automatically issue refunds without passengers having to explicitly request them or jump through hoops."

Also announced Wednesday was a rule requiring airlines to more clearly disclose so-called "junk fees" such as surprise baggage or other fees, up-front, the department said.

The department said that rule is expected to save fliers around $500 million a year.

The surprise fees are used so that tickets look cheaper than they really are, and then fliers get the unwelcome surprise of fees on checked bags, carry-on bags, or reservation changes — or even discounts that are advertised but the discount only applies to part of the ticket price, officials said.

Airlines will also have to tell fliers clearly that their seat is guaranteed, and they don't have to pay extra to ensure they have a seat for the flight, according to the department.

Airlines for America, an industry trade group, said that its member airlines “offer transparency and vast choice to consumers from first search to touchdown,” and that they do offer cash refunds.

The 11 largest U.S. airlines returned $10.9 billion in cash refunds last year, an increase over the $7.5 billion in 2019 but slightly down from the $11.2 billion in 2022, the group said.

“U.S. airlines are providing more options and better services while ticket prices, including ancillary revenues, are at historic lows,” Airlines for America said.

Left out of the federal changes announced Wednesday are those involving "family seating fees," but the Transportation Department said in a statement that "DOT is planning to propose a separate rule that bans airlines from charging these junk fees."

Travelers have complained to the DOT that children were not seated next to an accompanying adult, including in some cases young children, department officials said last year.

Fees on bags specifically have made up an increasing amount of airline revenues, the DOT said Wednesday in announcing the new rules.

A department analysis found that airline revenue from baggage fees increased 30 percent between 2018 and 2022, while operating revenue — which is from the flights themselves — increased by only half that amount, the DOT said.

Jay Blackman is an NBC News producer covering such areas as transportation, space, medical and consumer issues.

Phil Helsel is a reporter for NBC News.

New Biden administration rules require airlines to refund changed flights and abolish surprise fees

irlines will now have to provide automatic refunds to travelers if flights are canceled or significantly altered under new US Department of Transportation rules, a significant change for consumers that could drive up costs across the industry.

The final regulations released Wednesday outline the circumstances where passengers are entitled to refunds for all travel to, from and within the US. The goal is to make it easier for people to get money back and to make refund policies more consistent from one airline to the next. 

According to the department, complaints related to airlines and ticket agents rejecting or delaying refunds made up 87% of all air-travel service complaints at the height of the Covid-19 pandemic in 2020.

“Passengers deserve to get their money back when an airline owes them — without headaches or haggling,” Transportation Secretary Pete Buttigieg said in a statement.

Under the new rule, passengers will be entitled to refunds if there is a “significant change” to their flights. These include:

• Departure or arrival time that moves by more than three hours domestically or six hours for international flights
• Being downgraded to a lower class than originally purchased, as from first class to economy
• Change of departure or arrival airport
• Increase in number of connections
• Changes to connecting airports or planes flown if they are less accommodating for people with disabilities

Travelers will also get refunds for checked bag fees if the bag is lost and not delivered within 12 hours of a domestic flight’s gate arrival. International flights will have from 15 to 30 hours to return a lost bag, depending on their length. 

Anyone who pays for a service, such as in-flight Wi-Fi or entertainment, and doesn’t receive it will also get their money back.

In addition, DOT made changes to make it easier for the passengers to receive the money they’re owed by requiring prompt automatic refunds in cash or through the original form of payment. Buttigieg said during a news conference at Ronald Reagan Washington National Airport Wednesday that the bulk of the new requirements will go into effect in about six months.

The refund changes are poised to add significant costs across the airline industry, which could have a disproportionate impact on low-cost carriers, according to Seaport Research analyst Daniel McKenzie. “To the extent low cost carriers have to add costs to comply, reduce growth and/or downsize, they become less competitive,” McKenzie said in a note.

The Airlines for America trade group said in a statement that its member carriers already abide by and often exceed regulation on consumer protection. 

“US airlines are providing more options and better services while ticket prices, including ancillary revenues, are at historic lows,” the group said in a release.

Also on Wednesday, the department released a final rule requiring airlines to clearly communicate their extra fees upfront for checked luggage, carry-on bags or for canceling or changing reservations. According to DOT, airlines saw a 30% increase in revenue from baggage fees between 2018 and 2022. 

“Airlines should compete with one another to secure passengers’ business — not to see who can charge the most in surprise fees,” Buttigieg said in a separate statement, adding that the rule will save travelers more than half a billion dollars a year.  

Buttigieg told reporters at the news conference that more rules are on the way, including to expand rights for passengers who use wheelchairs and to allow parents to sit with their children on flights without being charged a fee. 

DOT will also continue to pursue more aggressive enforcement when airlines violate rules, he said, pointing to the department’s $140 million record fine against Southwest Airlines Co. for a meltdown in its operations that left more than 2 million passengers stranded in December 2022. 

“The level of toughness reflected in the Southwest enforcement is not an exception, but the new standard,” Buttigieg said. 

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Biden-Harris Administration Announces Final Rule Requiring Automatic Refunds of Airline Tickets and Ancillary Service Fees

Rule makes it easy to get money back for cancelled or significantly changed flights, significantly delayed checked bags, and additional services not provided  

WASHINGTON – The Biden-Harris Administration today announced that the U.S. Department of Transportation (DOT) has issued a final rule that requires airlines to promptly provide passengers with automatic cash refunds when owed. The new rule makes it easy for passengers to obtain refunds when airlines cancel or significantly change their flights, significantly delay their checked bags, or fail to provide the extra services they purchased.

“Passengers deserve to get their money back when an airline owes them - without headaches or haggling,” said U.S. Transportation Secretary Pete Buttigieg . “Our new rule sets a new standard to require airlines to promptly provide cash refunds to their passengers.”  

The final rule creates certainty for consumers by defining the specific circumstances in which airlines must provide refunds. Prior to this rule, airlines were permitted to set their own standards for what kind of flight changes warranted a refund. As a result, refund policies differed from airline to airline, which made it difficult for passengers to know or assert their refund rights. DOT also received complaints of some airlines revising and applying less consumer-friendly refund policies during spikes in flight cancellations and changes. 

Under the rule, passengers are entitled to a refund for:

• Canceled or significantly changed flights: Passengers will be entitled to a refund if their flight is canceled or significantly changed, and they do not accept alternative transportation or travel credits offered. For the first time, the rule defines “significant change.” Significant changes to a flight include departure or arrival times that are more than 3 hours domestically and 6 hours internationally; departures or arrivals from a different airport; increases in the number of connections; instances where passengers are downgraded to a lower class of service; or connections at different airports or flights on different planes that are less accessible or accommodating to a person with a disability.  
• Significantly delayed baggage return: Passengers who file a mishandled baggage report will be entitled to a refund of their checked bag fee if it is not delivered within 12 hours of their domestic flight arriving at the gate, or 15-30 hours of their international flight arriving at the gate, depending on the length of the flight.  
• Extra services not provided: Passengers will be entitled to a refund for the fee they paid for an extra service — such as Wi-Fi, seat selection, or inflight entertainment — if an airline fails to provide this service.

DOT’s final rule also makes it simple and straightforward for passengers to receive the money they are owed. Without this rule, consumers have to navigate a patchwork of cumbersome processes to request and receive a refund — searching through airline websites to figure out how make the request, filling out extra “digital paperwork,” or at times waiting for hours on the phone. In addition, passengers would receive a travel credit or voucher by default from some airlines instead of getting their money back, so they could not use their refund to rebook on another airline when their flight was changed or cancelled without navigating a cumbersome request process.  

The final rule improves the passenger experience by requiring refunds to be:

• Automatic: Airlines must automatically issue refunds without passengers having to explicitly request them or jump through hoops.   
• Prompt: Airlines and ticket agents must issue refunds within seven business days of refunds becoming due for credit card purchases and 20 calendar days for other payment methods.  
• Cash or original form of payment: Airlines and ticket agents must provide refunds in cash or whatever original payment method the individual used to make the purchase, such as credit card or airline miles. Airlines may not substitute vouchers, travel credits, or other forms of compensation unless the passenger affirmatively chooses to accept alternative compensation.    
• Full amount: Airlines and ticket agents must provide full refunds of the ticket purchase price, minus the value of any portion of transportation already used. The refunds must include all government-imposed taxes and fees and airline-imposed fees, regardless of whether the taxes or fees are refundable to airlines.

The final rule also requires airlines to provide prompt notifications to consumers affected by a cancelled or significantly changed flight of their right to a refund of the ticket and extra service fees, as well as any related policies.

In addition, in instances where consumers are restricted by a government or advised by a medical professional not to travel to, from, or within the United States due to a serious communicable disease, the final rule requires that airlines must provide travel credits or vouchers. Consumers may be required to provide documentary evidence to support their request. Travel vouchers or credits provided by airlines must be transferrable and valid for at least five years from the date of issuance.

The Department received a significant number of complaints against airlines and ticket agents for refusing to provide a refund or for delaying processing of refunds during and after the COVID-19 pandemic. At the height of the pandemic in 2020, refund complaints peaked at 87 percent of all air travel service complaints received by DOT. Refund problems continue to make up a substantial share of the complaints that DOT receives.

DOT’s Historic Record of Consumer Protection Under the Biden-Harris Administration

Under the Biden-Harris Administration and Secretary Buttigieg, DOT has advanced the largest expansion of airline passenger rights, issued the biggest fines against airlines for failing consumers, and returned more money to passengers in refunds and reimbursements than ever before in the Department’s history.

• Thanks to pressure from Secretary Buttigieg and DOT’s flightrights.gov dashboard, all 10 major U.S. airlines guarantee free rebooking and meals, and nine guarantee hotel accommodations when an airline issue causes a significant delay or cancellation. These are new commitments the airlines added to their customer service plans that DOT can legally ensure they adhere to and are displayed on flightrights.gov .  
• Since President Biden took office, DOT has helped return more than $3 billion in refunds and reimbursements owed to airline passengers – including over $600 million to passengers affected by the Southwest Airlines holiday meltdown in 2022.   
• Under Secretary Buttigieg, DOT has issued over $164 million in penalties against airlines for consumer protection violations. Between 1996 and 2020, DOT collectively issued less than $71 million in penalties against airlines for consumer protection violations.  
• DOT recently launched a new partnership with a bipartisan group of state attorneys general to fast-track the review of consumer complaints, hold airlines accountable, and protect the rights of the traveling public.  
• In 2023, the flight cancellation rate in the U.S. was a record low at under 1.2% — the lowest rate of flight cancellations in over 10 years despite a record amount of air travel.  
• DOT is undertaking its first ever industry-wide review of airline privacy practices and its first review of airline loyalty programs.

In addition to finalizing the rules to require automatic refunds and protect against surprise fees, DOT is also pursuing rulemakings that would:

• Propose to ban family seating junk fees and guarantee that parents can sit with their children for no extra charge when they fly. Before President Biden and Secretary Buttigieg pressed airlines last year, no airline committed to guaranteeing fee-free family seating. Now, four airlines guarantee fee-free family seating, and the Department is working on its family seating junk fee ban proposal.  
• Propose to make passenger compensation and amenities mandatory so that travelers are taken care of when airlines cause flight delays or cancellations.   
• Expand the rights for passengers who use wheelchairs and ensure that they can travel safely and with dignity . The comment period on this proposed rule closes on May 13, 2024.

The final rule on refunds can be found at https://www.transportation.gov/airconsumer/latest-news and at regulations.gov , docket number DOT-OST-2022-0089. There are different implementation periods in this final rule ranging from six months for airlines to provide automatic refunds when owed to 12 months for airlines to provide transferable travel vouchers or credits when consumers are unable to travel for reasons related to a serious communicable disease. 

Information about airline passenger rights, as well as DOT’s rules, guidance and orders, can be found at   https://www.transportation.gov/airconsumer .

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US mandates new airline refund rules, fee disclosures

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Tipping law to come into effect this October amid fears it will pile further pressure on hospitality

A s of October, employers will no longer be allowed to hold back service charges from their staff, amid fears the legislation could place further pressure on hospitality businesses .

The Employment Allocation of Tips Act ensures staff in hospitality and other roles receive all of the tips they have earned.

These new measures will apply to England, Scotland and Wales once parliamentary approval has been secured. 

Commenting on Monday, Kevin Hollinrake, business and trade minister said: “It is not right for employers to withhold tips from their hard-working employees. 

“Whether you are cutting hair or pulling a pint, this government’s legislation will protect the tips of workers and give consumers confidence that when they leave a tip, it goes to the hardworking members of staff.”

He added: “The secondary legislation laid today reinforces our commitment to legally protecting our low-paid workers and ensuring a fair day’s pay for a fair day’s work.”

Government officials said the move would put £200m more into workers’ pockets – but restaurants and the wider hospitality sector fear it could add to costs amid a period of high inflation. 

Earlier this month, a London restaurant chain banned customers from paying a tip by card and introduced a 15 per cent “brand” fee instead. 

Ping Pong, which operates five dim sum outlets in the capital, said the new optional charge would go towards “franchise fees and other brand-related expenditure”. 

The fee will replace a 12.5 per cent service charge, 90 per cent of which went to staff.

To compensate, staff at the franchise will be offered a pay rise which the company said would match the earnings they would have received from the service charge distribution .

Art Sagiryan, Ping Pong’s chief executive, told The Times , that the government had “completely ignored the huge costs that are related to operating the new system”.

He said: “Everyone in the industry is waiting to see who does what. There will be people introducing cover charges, there will be people introducing higher bills or menu prices, and we in the interim are trying to decide where we will go.”

It comes amid a challenging period for the hospitality sector, which has been one of the slowest sectors to recover from the pandemic .

London restaurant chain Ping Pong bans staff tips on card and introduces ‘brand fee’

Update April 12, 2024

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