Statements like:

“Weather related events are out of our control thus we are not liable to compensate”

“Mechanical failures happen, and we put you on the next flight, therefore we are not liable to compensate”

The fact is THEY ARE LIABLE. It might be their policy to screw the customer however you always have the option of suing them in small claims court.

An airline is a business just like any other. You are paying for a product or service and there are expectations of fulfillment. Failure to fulfill those expectations render the airline liable for damages. Unlike buying a tshirt at a store and returning it because it’s too big, airlines are in a different situation. Their actions/inaction’s can cause great harm and distress to people. It’s not the customers fault if their airplanes experience mechanical failures, or if there is weather. That is the cost of doing business.

people need to preserve their rights and sue when events as described in the story occur. If people continually lay down and do nothing it gives the airlines no incentive to change.

If anyone does, please contact me, they managed to bungle, in every possible detail, both my to and from trips June 14 and July 13, 2010.

We finally touchdown at JFK 3.5 hours late, our connection to Athens blown. Delta customer service(?) non-existent. Stood in a 1 hour line to confirm re-booking for the next day. Delta gave us $7 meal vouchers that came nowhere close to covering dinner. We were quoted a 4 hour wait time for our bags to be retrieved, or we could head straight to the beautiful Ramada for a comped stay. Decided not to wait 4 hours. Total time to walk to tram, catch Ramada shuttle (fight to get on board with 50 other stranded pasengers – like the last helicopter leaving Saigon) and get to the Ramada – another hour. Stood in line for 1.5 hours to check in while the line behind us grew to several hundred other passengers, many who we learned couldn’t get a room. Had to buy toiletries at the Ramada ($8 for deodorant, etc)

We did get out the next day to Athens, but we were not given seats together. Very nice for a 10 hour flight. We had already blown our connection the previous day from Athens to Santorini – non-refundable/transeferrable on Aegean Air – and had to re-book ($400) and still had to pay our lost night for Santorini hotel ($150). Not to mention losing a full day of vacation. Not happy.

Of course on the return, Athens to ATL, we started out with Greek medical personnel wheeling a clearly very ill woman onto the plane. Sure enough, while somewhere over Newfoundland, the pilot’s call “is the there a doctor in the house”…certainly you know what happens next – we land in Newfoundland to disembark the poor woman who should have never been allowed on board in the first place. Now we have all sorts of issues with Canadian air travel rules. 3 hours later we are back in the air. Of course, we arrive in ATL over 3.5 hours late, blown connection to SAN, another overnighter on Delta, and a lost day of work.

The total tally – 2 diversions, 36 hours of delays, $600 in out of pocket expenses, a complete loss of a day of vacation and a loss of workday on the back end. Frustration = priceless.

I am pursuing reimbursement with Delta. If I’m denied, it’s smalls claims. I believe I will ultimately be reimbursed.

Honestly, I think any reasonable judge would think you had a legitimate gripe and would definitely make sure you were compensated fairly. But that’s just me…

Docket # 2007 28 SC 0527
Eric S. White )
Vs )
US Airways )

It was common knowledge that flight delays and cancellations would increase during the summer of 2007. I took this in to consideration when making my business/vacation plan for this past June. What I didn’t know was US Airways’ dismal performance record in meeting their customer service obligations, particularly at their Philadelphia hub. My experience US Airways easily matches many other anecdotes of travelers’ nightmares documented in newspapers and on the evening network news this past summer. During the same time frame inadequate customer service, US Airways had the largest Industry profit margin during the second quarter of 2007. I can only conclude that corporate profits took precedence over their advertised Customer First policy.

Philadelphia Airport Log:

The attached timeline outlines my experience beginning on the afternoon of June 28th at the US Airways section of Philadelphia International Terminal awaiting flight #710 to Zurich, Switzerland.

1) My airport odyssey began short after boarding Flight #710 in Philadelphia en route from Chicago to Zurich. After being on the tarmac for over an hour dealing with a mechanical problem with the air conditioning in the aircraft I had boarded, the pilot returned to Gate 26A to repair the problem. This never happened. Later in the evening Flight #710 was canceled altogether without a backup plan.
2) This cancellation left 284 passengers stranded in the late evening and resulted for me, in a two day wait before departing Philadelphia for Zurich. During the next 24 hours, I witnessed the unraveling of travel plans for 284 people is spite of the best efforts of three gate agents who did not have the resources and corporate back-up to rebook these travelers in a timely or efficient manner.
3) After pulling an ‘all-nighter’ with minimal rest while sleeping on the airport floor I was given assurance by US Airways that my wait would end the next evening, June 29th with confirmed passage on an Air France flight to Zurich.
4) Of the 52 hours in Philadelphia, I spent approximately 8 to 10 hours standing in various rebooking lines and a couple of hours ‘on hold’ with various 800 numbers l trying to rebook a flight to Zurich.

The following facts each represents a failure of US Airways to meet their written obligation:
Customers First
Customer service has always been a priority at US Airways, and we are committed to making every flight count for our valued customers.
Our Promise to You
The safety and satisfaction of our customers is a top priority for our airline. Customers First is the result of a joint effort of the airline industry, the US Congress, and the US Department of Transportation to address the key service elements that affect our customers.

I – Customer Service Plan

1) “Each airline will notify customers…of the best available information.” It was quite clear that the gate agents themselves didn’t have the computer and telephone resources to rebook this cancelled flight. The agents themselves were put on long hold times when using the telephone; their computer resources were also limited. This does not constitute best available information.
2) “will implement policies for accommodating passengers overnight” No overnight accommodation was made. We were told “you’re on your own!” US Airways clearly stated over the public address system that they would NOT provide or assist with overnight accommodations.
3) The so called “dedicated toll free line” provide to passengers on flight #710 was a non-working 800 number!
4) “US Airways will provide one night’s lodging.” According to US Airways no hotels rooms were available and no effort was made to book a room.
5) “US Airways will do everything possible to reaccommodate customers on the next US Airways flight available.” A three day wait for an en route passenger as the earliest rebooking available is unreasonable. The agents at the gate were having almost as much trouble as the passengers on the phone. The Special Services Desk was overwhelmed not only by our flight, but several other flights as well. Waiting lines were in the range of hours, not minutes.
6) When the cancellation is due to circumstances within our control, US Airways will pay for: Hotel room…Meal(s)…ground transportation. The denied Envoy Club voucher and my requirement to pay $50 up front was demeaning and the $10 voucher to eat at McDonald’s was inadequate for my two day delay. The itemized $145.95 out of pocket expenses includes only ‘in house’ vendors at the Philadelphia Airport and not my second day’s out of pocket costs for meals and good will on the part of my brother, who rescued me from a second night’s stay on floor at the airport.

II – Terms of Transportation:

1) Rebooking policy on page 15. US attempted to satisfy their rebooking policy by placing me on an Air France flight the next day. In spite of repeated assures both by US Airways and by Air France that I was confirmed on their June 29th evening flight to Europe, at the time of boarding, I was summarily dismissed from any consideration for a seat on that flight. By this time, 7 PM, it was clear there was no hope of leaving Philadelphia to Europe on US Airways until another day had passed. Rather than providing me with one of their overbooked seats on the 29th, US Airways caused another 24 hour delay by shuffling me to Air France. They knew or should have known that this maneuver wouldn’t work
2) Food voucher – page 15. “meal(s) –vouchers will be provided based on the time of day. A $10 voucher for the McDonald’s concession near Gate 26A does not for fill this obligation for the evening – to say nothing regarding the next two days.
3) Free air transportation as compensation for travel. While I observed US Airways provide this option on at least 3 occasions to others, I was not offered this option.

III – Reimbursement:

1) A request for reimburse for out of pocket expenses was totally ignored in my two written requests. Most distressing was my $50 entry fee to US Airways Envoy Club in the International Wing of the Philadelphia Airport after I had been assured by the gate agent that I would be allowed to use that facility at no charge for my wait on June 29th for Air France’s flight to Europe.
2) The remaining incidental charges for food and communication expenses amounting to $95.95 were ignored as well.

Summary:

The above documentation is a res ipsa loquitur that represents a breech of covenant by US Airways in their commitment to their passengers. This factual log is supported by general media information regarding US Airways performance as documented below; US Airways performance in Philadelphia is one of the worst in the industry. My experience mirrors what the media has stated:

1) Philadelphia Airport has one of the poorest ratings in the industry, particularly
2) their performance on international flights to Europe which is dismal.
3) As represented in a recent Consumer Reports survey, US Airways performance is at the bottom in spite of
4) Written commitments of their CEO, Douglas W. Parker

US Airways clearly knew (not should have known) that as a matter of policy their airline was significantly overbooked for the tourist season of 2007. They choose corporate profits over customer service and did not fulfill their promise or contact to reimburse, provide lodging and rebook my flight in a reasonable timeframe. This resulted in my having to reschedule a flight to Zurich later this year.

Resolution:

The most expedient and least expensive manner to resolve the matter would have been for US Airways to honor my written requests on July 13th and August 6th by issuing me a space available round trip ticket to Zurich Switzerland so I can complete my business trip. While they didn’t do this for me, I witnessed at least three separate instances at the Philadelphia airport when US Airways offered “a round trip ticket anywhere US Airways flies” to passengers willing to give us their seats due to scheduled over bookings. Waits for the involuntary ‘bumpings’ were in the range of several hours, not in the range of several days which was offered to me after cancellation of my flight.

The Plaintiff requests that the Court directs US Airways to issue him a space available, business class, round trip ticket from Albany to Zurich as reasonable compensation for his Philadelphia ordeal and missed business meeting in Zurich in June 2007.

Respectfully Submitted,

Eric S. White

The flight from MFR to PDX was delayed due to a late arriving aircraft. We were told there was an equipment swap and were directed to leave security and report to the small ticket counter for rebooking connections.

The agents at MFR basically wanted me stay overnight and take a 5 am flight that would require connections in both PDX and Seattle to get to Vancouver. The arrival would force me to miss a morning meeting.

I refused this and asked to go Portland to overnight there. There were seats available on flights that would get me to Vancouver at 8:45 am. The agent refused to pay for a hotel in Portland because it was “my choice” to take this routing. They would pay for a hotel in Medford only.

I refused and took the Portland flight and a voucher for a ‘distressed traveler rate’ at some Portland airport hotel.

As things turned out, when I arrived in Portland I found a very helpful agent who got me rebooked to Seattle, connecting on to Vancouver that night. This allowed me to make it to my morning meeting with no problem. In fact the plane I had taken from MFR to PDX was continuing to SEA as another flight number so I had the same flight crew! Had I stayed in Medford, I would have missed everything. My bag did not make it, but they had already figured it out and had the paperwork mostly filled out when I arrived so I did not have to stand at the carousel waiting for a bag that was not arriving.

The situation in MFR upset me, but I don’t want a voucher or some frequent flier miles in my account. I simply want the agents to show some flexibility when things go wrong. It was as if I understood my options better than they did. I don’t understand why I would have been entitled to a hotel if I stay in one city but not another.

Class action suits are hard to file, but anyone can file a claim in small claims court, and even if they just end up with some cash, the airline STILL has to DEAL with the case! They have to call their high-priced attorneys, get legal advice, may try to settle out of court, and the plaintiff may even win by default since the odds are the airline lawyer won’t even show up to court. But they have to DEAL with the aggravation.

A few nice large settlements against the airlines would be most entertaining, but I posted elsewhere about fleas on a horse. One flea isn’t a problem. A million fleas constitute a problem.

If Mr. Phillips and everyone like him who has a legitimate gripe against the airlines would start filing small claims suits, they could make life in the CEOs’ offices pretty miserable. Imagine: 100 small claims petitions crossing their desks every day, and they ALL have to be DEALT with! They’d be screaming “Uncle!” inside of a month. The legal department would be demanding change, and the outlay in legal fees would hit airlines in their only vulnerable spot–the pocketbook.

The failure to train is when DAL does not train its gate agents in its’ obligations to its’ customers [ok, you are not a customer, but a problem at this point, we all know that]. The gate agents ARE trained to tell you that you are now a standby customer even if the cancellation was DAL’s fault, through poor scheduling, not having reserve crew, or for any other reason. However, under the contract of carriage and the bumping rules, they DO have a liability and a RESPONSIBILTY. Yet, they never tell you about it. Ever consider under this fact pattern, i.e., ANY canceled flight for a non weather or maintenance related reason that technically you were denied boarding? Yep – try that one out some time.

Next, this ‘lack of training’ is systemic however. It rises to the level of an intentional effort to not provide customers the benefits that the contract bestows onto them. It is a breach of he covenant of good faith and fair dealing, which entitles you to damages – general damages – arising from the conduct of the airline intentionally not following its contract in ways which benefit it alone. What are three days spent aimlessly wandering around LGA worth? What about the lost night of sleep the first night -the lost days of vacation. $10,000? $100,000?

A jury can award PUNITIVE damages for this type of conduct – and what do YOU think a jury would do to a plane load of people ignored for hours, shuffled off to another airport at their expense, provided no food, no lodging or even compassion? It would only take a few large judgements to STOP the airlines from acting this way and informing the average traveler that they have rights OUTSIDE the contract for the truly egregious violations that happen every day.