(a) As part of your obligation under § 382.11 to not exclude a qualified individual with a disability from or deny the person the benefit of any air transportation or related services that are available to other persons, to the extent a passenger who uses a wheelchair or scooter cannot book his or her preferred flight because his or her wheelchair or scooter cannot fit in the cabin or cargo compartment of the aircraft of the preferred flight, and the passenger must book a more expensive flight that can accommodate the passenger's wheelchair or scooter, you must, upon request, reimburse the passenger the difference between the more expensive flight the passenger purchased and had to take and the preferred flight that the passenger would have purchased and taken if his or her wheelchair or scooter had been able to fit.
(b) As a condition for issuing reimbursements in paragraph (a) of this section, you may require the following from passengers with disabilities:
(1) The preferred flight and the more expensive flight are on the same airline;
(2) The preferred flight and the more expensive flight are on the same day;
(3) The preferred flight and the more expensive flight have the same origin and destination;
(4) Reasonable documentation to verify: the dimensions of the passenger's wheelchair or scooter; the cost of the passenger's preferred flight that could not accommodate the passenger's wheelchair or scooter; and the cost of the more expensive flight the passenger purchased and had to take.
(c) You must provide the reimbursement required by paragraph (a) of this section within 30 days of receiving a request and the reasonable documentation permitted in paragraph (b) of this section, if you require such documentation.
(d) You must disclose on your website accurate information on the documentation you require from the passenger to support a reimbursement claim.
[DOT-OST-2022-0144, 89 FR 102443, Dec. 17, 2024]