finding
most of them in less than five page clicks. (A notable exception is JetBlue,
which has provided the most customer service transparency in the industry since
its Valentineâs Day weekend operational meltdown in 2007, when 1,100 flights
were canceled.) I have personally found that airline call center employees and
even airport personnel usually have no idea what these contracts are, let alone
what they dictate.
Not that clear explanations will help. âItâs really
a unilateral contract, not a bilateral contract,â says passenger advocate Kate
Hanni. And sometimes the legalese can be just plain misleading. In July 2010 a
Southwest Airlines executive corrected a âmisinterpretationâ over the term
âmechanical difficultiesâ being included in its (long) list of force majeure
(âact of Godâ) flight delay conditions; he explained the âadded verbiageâ
referred only to mechanical difficulties outside the airlineâs control, such as
a broken airport deicing system, and not aircraft problems. The incident
underscored just how confusing such âadded verbiageâ can be for passengers.
Then again, many of these âemployeesâ are not
employees at all, a topic I discussed with Anolik. And he clearly relishes
torturing the industry: âWhen Iâm early for a flight Iâll ask, âCan I see your
denied-boarding policy?â And the person working will have no idea. Youâre right,
they donât know the rules anymore.â
Airline industry old-timersâboth employees and
passengersâstill invoke the days of the Rule 240 clause, a holdover from the
regulated era in which the government spelled out specifically how airlines were
required to meet their passengersâ needs. It was clear and concise for all
passengers and uniformly fair for all carriers, but Anolik said Rule 240 is no
longer mandatory in the deregulated era.
However, I believe itâs time to write a new Rule
240, for the twenty-first century. Thatâs why when I became a member of the FAAC
I urged the DOT to adopt procedures similar to those employed by the European
Union. The EUâs rules are clear, cogent, and easy for every passenger to
understand, particularly if they download a color-coded chart that indicates
uniform compensation for airline mistreatment. This isnât to suggest that the
European model should be copied outright, but it certainly provides a decent
blueprint for us. As travel ombudsman Linda Burbank notes, âThey have better
transparency in Europe. In America itâs about flying Darwin Air.â
As a last recourse, passengers can still file a
formal complaint against a domestic airline with the DOT. Though many consumers
undoubtedly respond with a âWhatâs the point?â attitude about such a pro forma
task, Anolik noted that itâs really quite important: âUnless they hear from
passengers, the DOT will say, âWe donât have any complaints on file.â â
Loads of Fun? Airlines Emulate
Troop Carriers
One mechanic for a legacy carrierâso-called
because these large airlines predated deregulationâsummed it up: âIf youâre
flying full planes and you canât make money, you shouldnât run an airline.â And
yet thatâs exactly what we have. My own theory is that the airline industryâs
decision to fill all these planes has had a direct effect on making flying more
miserable: more boarding delays, more mishandled bags, more consumer complaints,
more air rage.
During World War II, when commercial airlines were
pressed into service as de facto military transports, planes were fuller than at
any time before or since, with average passenger load factorsâthe percentage of
occupied seatsâreaching nearly 90 percent. After 1946, it took the U.S. airline
industry more than fifty years to crack the 70 percent mark again. By 2009, load
factors reached 80 percent, and