A Frontier passenger was denied boarding after a plane change. Federal rules don’t require compensation when fewer seats are available because of an aircraft swap.
DENVER — Most travelers are aware that airlines can overbook flights, but perhaps fewer realize they can also be involuntarily bumped from a flight without receiving federal compensation if the airline changes aircraft.
That’s what happened to a Colorado man returning home from Las Vegas, highlighting what consumer advocates describe as a little known gap in federal passenger protections.
Vince Vranesic said he and his wife were preparing to board a Frontier Airlines flight to Denver after celebrating their 30th wedding anniversary when a gate agent stopped him and told him he could not board. His wife was allowed onto the flight.
After about 45 minutes, Vranesic said airline staff told him Frontier substituted a smaller aircraft, reducing the number of available seats.
In a statement, Frontier said delays earlier that day forced the airline to swap aircraft.
“Because the available aircraft had smaller capacity, it was necessary for agents at LAS to deny boarding to some passengers and reaccommodate them on a later flight,” Frontier spokesperson Rob Harris said.
The airline said denied boarding resulting from an operational aircraft change is treated differently under U.S. Department of Transportation rules than passengers bumped from oversold flights.
Under federal regulations, passengers who are involuntarily denied boarding because a flight is oversold are generally entitled to compensation unless they volunteer to give up their seats or another exception applies. But one of those exceptions allows airlines to avoid paying compensation when a change in aircraft reduces the number of available seats.
“There are loopholes,” said William McGee, a retired FAA-licensed aircraft dispatcher and consumer advocate. “Unfortunately, this is a case of a loophole,”
McGee said airlines must first seek volunteers before involuntarily denying boarding. He also argued passengers should receive clearer communication and compensation, even when an aircraft swap triggers the disruption.
Frontier said its records showed several passengers voluntarily gave up their seats before others were denied boarding.
The airline said when an aircraft change leaves fewer seats than checked-in passengers, decisions about who is bumped are based on several factors, including how late passengers checked in with the airline. It also said ticket price is generally considered when determining which passengers are moved to another flight.
Unlike some airlines, Frontier does not publish detailed denied-boarding priority criteria in its contract of carriage. Federal rules require airlines to establish boarding priorities but generally allow carriers to set their own policies as long as they are not discriminatory.
Consumer advocates encourage travelers to review an airline’s contract of carriage and the Department of Transportation’s passenger rights before flying so they understand when compensation is and isn’t required.