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Why we don’t need a Passengers Bill of Rights

February 20, 2007

When airlines start adopting their own Passenger Bill of Rights, something is wrong. Something is very wrong.

But later today, a humiliated JetBlue is expected to unveil what it’s calling a Customer Bill of Rights. Here’s David Neeleman, JetBlue’s chief executive, with a preview.

What’s the matter with JetBlue’s approach? Apparently, its bill will compensate customers in the event of certain delays with vouchers. If that’s true, it would be a largely symbolic and meaningless gesture. The airline already has a contract of carriage that outlines compensation for an operational delay. (Other airlines figuratively throw vouchers at disappointed customers, knowing full well that redemption rates are 10 percent or less.)

I’ve been mulling this whole passenger bill for a while, and I’ve concluded that we don’t need one.

Now hang on to your hats, folks. That’s not to say I’m on the same side as Kevin Mitchell or Brett Snyder or even James May.

No, I’m leaning the other way. I think a Passenger Bill of Rights doesn’t even begin to address the problems of air travel.

Fact is, air travel today is a dehumanizing experience. We’re treated like cargo most of the time. A rule that forces airlines to tell the truth about delays and to let us off the plane after being trapped on the tarmac for hours represents nothing more than a good start.

But we need more. Much, much more.

The American Society of Travel Agents has been pushing for a bill that would address pricing, accessibility and legal remedies for passengers who have been wronged. Those are not bad things to legislate, but I think my agent friends miss the point.

What we really need, I think, is not a passenger bill, but something more sweeping — call it air travel reform.

And the thing that needs to be reformed is this: the airlines must restore some dignity and humanity to the air travel experience.

But can something like that be legislated? Perhaps.

In an effort to cut costs, airlines have removed everything from their planes that isn’t bolted down, and a few things that are. They’ve taken out the galleys and ended meal service, even on longer flights. They’ve reduced the amount of fresh air that’s circulated in the cabin in order to save fuel. The only thing they’ve added is economy-class seats, squeezing everyone closer together and reducing precious personal space.

And what has the government done? Nothing. It doesn’t get involved. On some commercial aircraft, it doesn’t even mandate that the airline have a working toilet.

So while I certainly support the current Passenger Bill of Rights, I don’t think it will fix the real problem.

What’s wrong with airlines can only be remedied with bold, dramatic and long overdue air travel reform.

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

2 comments

  • Robert Johnson

    Being a very frequent flyer (VFF) you’d think I’d be all gung ho for the proposed Passenger Bill of Rights but I’m not. Here’s why:

    1. The Federal Gov gave us the TSA to improve security. More window dressing. Why fund additional staffing at a government agency.

    2. Who do you think will end up paying for the enforcement of the BoR? If you guessed the flying public you win.

    3. Airlines have a Contract of Carriage that offers the customers significant redress if you bother to read it and can write a clear consise letter.

    4. There are additional avenues for redress. the DOT, Your States Attorney General, Local TV and media, Chris Elliott and other Bloggers

    The problem is YOU!!! The flying public is to lazy to take action and as is becoming typical wants Government to do it for them. It’s your money and there is more than one airline. If you get taken advantage and don’t fight back it’s YOUR FAULT that you’re treated like self loading Cargo.

    When you as a consumer take ownership and seek redress then and only then will you see airlines change.

  • Ed Hahn

    While, I deplore the methods that many airlines have used to lower costs and/or create income, the truth is we created this problem ourselves. People voted with their wallets and said that all we want is lower prices and that price is by far our most important reason for choosing an airline.

    I include myself in this indictment.

    I recently saved US$450 by switching from my usual airline to another for a four leg open jaw trip – $605 vs. $1050. I lost any benefits I might have enjoyed as a regular customer but with this kind of price difference, I could not justify flying my usual carrier.

    I started traveling regularly in the 1960′s when all ticket prices were regulated and the only differentiators were service and schedule. But people wanted choice and de-regulation and they got it. Now airlines are struggling with a new paradigm, some more successfully than others.

    As far as I’m concerned, the culprits are incompetent managers, greedy employees and low price at any cost conscious passengers. That just about covers everybody.

    What I’ve done is lower my expectations and upped my courtesy to and respect for airline employees, which works surprisingly well. I also will pay extra to increase my comfort and stay loyal to airlines that treat me well. Sometimes, as in my example above, the difference is so great that I feel I must take advantage of it and pay whatever piper shows up to collect.

    We also have created a situation where we have no reasonable alternatives to flying except driving. I don’t fly around Europe, in spite of RyanAir’s incredibly low prices. I take trains because they are more hassle-free, more reliable and more comfortable. In the U.S., I have no choice but to fly for any trip over 3 or 400 miles.

    We already have a bill of rights. It’s called the Contract of Carriage and is available for every airline on the internet or from their offices. They vary from airline to airline and should impact the choices we make. Most passengers haven’t a clue that they exist or are enforceable on the spot , if necessary.

    If we allow the government to intercede, the bureaucrats will take over, the airlines will throw up their hands and say we can’t help you because of the regulations and things will get worse not better.

    If people demand and will pay for increased service, they will get it. When I can, I fly Southwest because their point to point pricing, their super user-friendly website and the fact that I can change my itinerary and not get zapped with a huge penalty. The wider seats, extra leg-room and bad but well intentioned humor also adds to the experience. If I want a seat assignment or an easy connection to a place SW doesn’t service, I fly a different airline. Duh!!!!!

    We already have a bill of rights. It’s appended to the constitution. Additional government regulation and bureauacracy will solve nothing and create a whole new set of problems. Think: TSA. I, personally, do not feel any safer just hugely inconvenienced by the post 9-11 rules.

    We already vote with our wallets and our feet. More regulations will not change that.

    Ed Hahn

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