Dear
Anita,
I recently took a trip
out to Los Angeles over the holidays. I probably put together the
worst itinerary possible. I booked my airline tickets through
United (even after I knew that there was a threat of a strike). I
flew during peak times over the holiday season and late in the
day. I had a connection at O’Hare in Chicago (one of the
world’s busiest airports with a terrible on-time record) during
the dead of winter. And the time between connections was only
about 45 minutes.
So let me just say for the record that I know I did just about
everything you’re told not to do when planning your itinerary
(except for the fact that I was smart enough to buy paper tickets,
even though I had the choice to buy electronic tickets).
Having said that all of that, it turns out that the only problem
with my trip was caused by a delay in Providence, RI (my departure
city), and had nothing to do with United’s possible strike,
O’Hare, or bad weather. The plane was late getting into the gate
in Providence, causing me to miss my connection in O’Hare (of
course, with my luck, the plane left Chicago on time!). There were
no other flights out to Los Angeles that day, so I was stuck in
Chicago for the night. I mentioned rule 240 to an airline official
and asked that the airline put me up in a hotel for the night. The
official told me that the flight was delayed in Providence because
of air-traffic control delays that were out of United’s control
and that they would not pay for the hotel room (they did give me a
voucher for a discount, however).
While I understand that it was not solely United’s fault that
the flight was delayed in Providence, I believe that they should
be held accountable. I had to pay for a hotel room in Chicago
because United could not get me to Los Angeles in a reasonable
amount of time. United scheduled a connection that was so tight
that ANY delay would cause me to miss my flight in Chicago. If
United is going to book a trip for me with a really tight
connection, then I feel it is their responsibility to hold the
plane in Chicago or pay for my hotel room. Furthermore, I believe
that someone should be held accountable for the air-traffic
control delay—and not me!
What are my rights here? Is anything being done to make someone
accountable for air-traffic control delays and other delays that
are “out of the airline’s control”?
Thanks in advance,
Nick O.
Boston, MA |
Dear Nick O.,
Unfortunately, the airline does not have any control over air traffic
control delays. An air traffic control delay is categorized as a “force
majeure event,” and thus, is not covered under Rule
240. A force majeure event is any condition beyond the airline’s
control, including weather, “acts of God,” riots, air traffic control
problems, civil commotion, embargoes, wars, hostilities, disturbances,
unsettled international conditions, and any strike, work stoppage,
slowdown, lockout, or any other labor-related dispute involving or
affecting the airline’s service, etc. If your flight is affected by a
force majeure event, the airline’s only obligation is to refund you the
price of your ticket, depending on its individual policy and agreements
with other carriers.
According to United Airlines Contract of Carriage Reference Guide (page 28-29 Section I.),
“United may, in the event of a force majeure event without notice,
cancel, terminate, divert, postpone or delay any flight…”
Unfortunately, you are at the mercy of the airline because there are no
federal requirements governing how an airline handles delayed passengers.
As far as connecting time, airlines are allowed to schedule connections as
short as 30 minutes. I agree, 45 minutes in any big hub like O’Hare is
not enough, especially in the winter and summer months when severe weather
can impact airline schedules. My best suggestion to anyone connecting at
large hubs such as O’Hare is to opt for an hour or more to allow for
possible delays.
The answer to your final question, “Is anything being done to make
someone accountable for air-traffic control delays and other delays that
are ‘out of the airline’s control’?” is NO.
It’s become a heated debate between airlines and air traffic
controllers. However, airlines are pointing more of the blame at the air
traffic control network, claiming delays cost them and their passengers
billions of dollars. On the other hand, air traffic controllers counter
that the airlines’ unrealistic and inefficient scheduling are the major
source of delays. At peak times, dozens of planes are simultaneously
taxiing for take off or queuing to land in a limited amount of airspace at
many airports. Even in good weather, delays will occur.
On top of all that, FAA statistics show that air traffic has increased by
27 percent during the past five years to 655 million commercial passengers
annually. The number is expected to grow to more than 1 billion annually
by 2010. The bottom line is that the overwhelming majority of delays are
caused by the combination of bad weather and antiquated air traffic
control systems that are incapable of moving airline passengers through
the sky in a timely and efficient manner. So, it’s not so much that
nothing is being done about it; it’s that the situation is not going to
improve until a modern system is in place that can meet the demand of the
traveling public.
I hope I've been helpful. Happy travels!
Anita Dunham-Potter
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