After the snowy Valentine’s Day tarmac sit-in that put JetBlue in the public relations hot seat, and the Christmas holiday Texas tarmac thunderstorms that kept American Airlines passengers glued to their seats, the concept of a Passenger’s Bill of Rights is trying to find its voice on Capitol Hill.
Whether it will duplicate the trajectory of a 1999 proposal that followed a tarmac snow party that captivated Detroit passengers—which is to say, a rather short flight—remains to be seen, however.
But meeting planners had best not hold their breath waiting for takeoff.
Those listening to the April 18 testimony at the U.S. House of Representatives Subcommittee on Aviation, under the Committee on Transportation and Infrastructure, heard words minced in the finest Washington tradition.
Everyone, including JetBlue CEO David Neeleman (who stepped aside as CEO shortly before press time—ed.), along with witnesses who wouldn’t be caught dead with a Passenger Bill of Rights, such as James May, CEO of the Air Transport Association of America (representing passenger airlines), all deplored the tarmac happenings. The spin took off from there, however, with Neeleman using the episode to demonstrate the high contrast to his airline’s customary quality service, and May placing the blame for most airline woes on circumstances beyond control, like the Iraq war’s impact on jet fuel costs.
In any case, airline passenger rights are not all about time spent basting on the tarmac, as industry observers such as David Rowell, who runs the website Travel Insider (www.travelinsider.com), point out. It’s about the steady erosion of service for and treatment of travelers, he says, be they business or be they leisure.
For that reason, some consumer advocates have expressed chagrin at the focus on tarmac delays. On the Senate side, Barbara Boxer, (D–Calif.), has promoted a bill that’s primarily about tarmac delays. It may well turn out that the tarmac issue is something of a straw man.
Rowell also discounts claims that safety will be impeded by improving the passenger’s lot via legal requirements that go beyond the voluntary requirements—in practice, very voluntary, according to any objective assessment—that headed off enforceable laws in 1999. He notes that safety records are impressive and uncompromised despite the bushels of regulations airlines must already comply with.
Paul Ruden, vice president for legal and industry affairs for the American Society of Travel Agents, was among those testifying to the Subcommittee on Aviation, stressing the lack of accountability on the part of the airlines.
According to a DOT Inspector General’s report, which only examined a quarter of the voluntary measures, most airlines weren’t complying with their own policies, including compensation to passengers who give up their seats, proper training for assisting passengers with disabilities, and posting on-time performance data on their websites.
Reflecting back on the Hill hearings, Ruden wasn’t encouraged that “there were few representatives and senators attending—they tend to turn out more if there’s excitement over moving proposals forward.”
He notes airlines are very influential, never to be underestimated.
“Even though indications are that it will be like the first two reports, everyone will likely sit back and wait for the third DOT Inspector General’s report, after which there’s not much time for effective action,” he predicts.
Ruden would prefer to take some time—starting now—for meetings among the airlines, consumer groups and other parties to sort out the most practical approaches that would improve service, including enforceable guarantees for passengers, which would ultimately benefit airlines as well.
“A critical issue is information—timely, accurate, complete—during the entire flight process, so consumers know precisely what’s happening and can make decisions accordingly,” says Ruden, who adds that he is a big believer in financial consequences as motivators.
Ending the preemption of state laws that would give consumers more legal remedies and enforceable rights is his primary goal. Additionally, Ruden urges allocating more resources for better DOT enforcement.
Unintended Consequences?
Some advocates are eager to get whatever they can, and think something done quickly is better than not at all. But Ruden sees a need for additional deliberation between the parties, so that what ultimately emerges won’t cause unforeseen problems.
Measured regulation might fare better than a law that addresses only one problem, and perhaps not well. On the tarmac issue, for example, what’s appropriate for a short-haul flight may not be workable for international flights with few daily departures.
Andrew Steinberg, assistant secretary for Aviation and International Affairs in the U.S. Dept. of Transportation, noted that although U.S. law broadly prohibits unfair and deceptive practices and unfair methods of competition, in practice, violations are difficult to prove and prosecutions require considerable resources.
Steinberg was among those advocating moving ahead with NextGen, an elaborate satellite-based transportation system, to replace the current air traffic control system, which most agree is overburdened and unable to properly integrate weather decisions. That’s important, as according to the National Center for Atmospheric Research, weather is a factor in 60 percent of delays.
Currently, delays occur in one in four flights, averaging 53 minutes, according to DOT statistics. Steinberg stated that without NextGen, delays will increase 62 percent by 2014.
In any case, the hard facts are landing. In 2006, 740 million passengers flew in the U.S., and the Federal Aviation Administration predicts this figure will reach 1 billion by 2015.
Meeting Planner Strategies
Travelers, and the meeting planners who serve them, had best parse the motivations of those weighing in on consumer rights.
If, for example, publications owned by credit card companies, which make big bucks off airline ticket purchases, editorialize on behalf of the airline association position, take such commentary with a bucket of salt.
Likewise, beware legislators that trumpet “I’m mad as hell, and not going to take it anymore,” and then quickly counsel caution when presented with viable proposals.
By most accounts, JetBlue ended up reaping a public relations bonanza by offering an uptick in consumer offerings that set it apart. That didn’t take much, but other airlines are not flying in formation.
Meeting planners are well-advised to encourage their clients to throw in with measures increasing airline accountability, as increasing reasonable and enforceable consumer protections will help the best-laid plans fly straight and true. Planners do have a dog in this fight.
Tips to Avoiding the Worst of It
Air travel is only going to get worse as congestion increases and airline bean counters look to nickel and dime passengers.
Michael Patton, president of San Diego-based Pothos (www.pothos.com), which is both a meeting planning consultancy and a travel agency, suggests meeting planners first arm themselves and their clients with a four-buck “Fly Rights” pocket-sized booklet available from the DOT, which can also be read online at http://airconsumer.ost.dot.gov/publications/flyrights.htm.
Among its offerings is advice on lodging effective complaints.
Patton, who recently spoke to a planners’ group in Houston on security and safety issues, says that travel managers need to be able to differentiate between security issues and service issues. Increasingly, security and safety are used as excuses for diminishing service standards.
“We as a traveling public are accepting very poor service with the excuse that it is security-related—we just put up with it,” Patton contends. “Customer-service decisions are directly related to business, and to safety and security, as in assistance to travelers with special medical needs. Every carrier in the world can provide safety and security and also quality service, at the gate and in the plane, except for U.S. carriers.
“But when an attendant or other employee says they can no longer provide the same service because of having to focus on security tasks, a strong reaction at the airport or on the plane is risky—you might get to speak to security and find your plans disrupted,” Patton adds.
“But you should follow up later to increase oversight pressure by consumer and professional coalitions,” Patton continues. “Consumer networks says as blogs like untied.com, which targets United Airlines, might help people get a message to management that their bottom line will be affected if service continues to spiral down.”
Understanding the ins and outs of airline programs can also be a benefit.
“In moving travelers, I understand planners want to manage corporate travel budgets,” Patton says, “but they could gain some increase in support based on frequent flyer programs that give travelers a higher status. If there is some premium status that can be elicited and still be cost-effective, it may give travelers a leg up on dealing with airlines in case something goes wrong. Flying at some premium, paid or upgraded, makes a difference, and for critical personnel that may be worth the expenditure.”
Linda Rutherford, a spokesperson for Southwest Airlines, acknowledges that overall the airline ride is getting rougher, but says planners shouldn’t wait for a passenger bill of rights “to button up all the industry woes,” many of which she contends are the result of factors such as an antiquated air traffic control system that performs poorly in bad weather.
What Planners Can Do
So, what can planners do to minimize vulnerabilities?
First, Rutherford advises, is to consider the time of the year when meetings are being contemplated. For example, some destinations can have rollicking weather in the spring, as there could be thunderstorms that throw planes off-schedule.
Certainly, unless a ski trip is planned, it isn’t rocket science to consider when the worst winter storms are liable to hit many mountain destinations, and hurricane season is always a factor to consider.
Backups are among air travel’s most frequent terrors to travelers who absolutely must arrive on time. Rutherford notes that the simplest way to avoid that is to schedule for the first flight in the morning.
Sure, that might not be the most convenient flight for some VIPs, but it’s generally the most reliable, and that should weigh heavily when a traveler’s presence is critical.
Flexibility an Issue
Another factor to consider is the degree of flexibility an airline offers in fare purchasing and in changing flights.
Rutherford urges planners to study the history of airlines in regard to on-time performance for the particular airport that will be utilized. Do airlines actually operate the flights they advertise? How often are flights scheduled? If something goes amiss, will there be other flights offered in quick succession, or will travelers be faced with having only one or two flights a day to their destination?
One source for such information is the DOT’s Air Travel Consumer Report (http://airconsumer.ost.dot.gov), which is issued monthly, covering the period two months prior. It includes flight delays (also broken down by airport), mishandled baggage, oversales, consumer complaints (including disability and other discrimination complaints), and customer service reports to Homeland Security.
It’s worth noting that despite the February problems of JetBlue, it still fared better in the complaint department than several of the majors.
If the schedules of attendees are a moving target, are there change fees? Rutherford notes that her airline only charges the difference in fare, and those fare differences aren’t that significant. If an airline really gouges for a last-minute change, think twice if that’s the airline for you.
Rutherford also suggests looking into how user-friendly and proactive communication to consumers is, noting that Southwest has a department dedicated to looking for flights that don’t perform as intended, and contacting affected consumers within 72 hours of the event.
“We call them ‘mom events,’” Rutherford says. “If mom was on the plane, would she want an explanation? Depending on what happened, some compensation may be offered.”
Additional Tips
It’s worth developing a best-practices strategy for dealing with airlines when something goes amiss, and imparting it to travelers. Inform travelers never to take no when they are in the right, and to always work up the authority ladder. And make sure the logistics are properly laid out before you walk away from the authority that’s being helpful to you.
Also, if a flight is suddenly cancelled or your connecting flight was delayed, and the counters are jammed with long lines, try using your boarding pass to get to the initially intended gate and then negotiate with the gate personnel. You may find yourself first in line instead of last.
Other worthy points include being able to cancel a reservation without penalty for up to 24 hours, which can provide an opportunity to look for lower fares through other distribution systems. But take a look at the “contract of carriage.” It’s not a quick wade through to find what you’re looking for.
