Wednesday, November 9, 2016




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Make Flying Great Again

Nov 8, 2016

Flyersrights is taking the FAA to federal court.

Are small airline seats a health risk to airline passengers? 
Sept. 2016 - A fire broke out in the left engine of the 257-seat Boeing 777. 
Before an aircraft is certified for passenger use, the plane maker must demonstrate that a full payload of passengers and crew can evacuate within 90 seconds - but such tests are carried out with volunteers unencumbered by baggage. The BA aircraft at Las Vegas was only half-full, allowing all the passengers and crew to leave within a few minutes despite some exits being unusable because of fire.

We think so. Just as anyone traveling on commercial US airlines knows, passengers are getting bigger, airlines are making seats smaller and knees are getting crushed - unless you pay dearly for an upgrade. 

Well, FlyersRights is fighting back against this racket. 

A week ago we filed a lawsuit with the United States Court of Appeals District of Columbia Circuit refuting the only arguments in the FAA opposition brief, that: 1) the FAA lacks jurisdiction to regulate seats and pitch based on health concerns, and 2) the the FAA has secret information showing that shrunken seats and leg room will not affect emergency evacuation.  

"The fact that the FAA has had to resort to flawed technical legal arguments and ignored the merits of the rulemaking petition evidence FlyersRights submitted showing safety and health dangers of shrunken seats and pitch, shows the weakness of its position in denying any rulemaking for seat or leg room and refusing a moratorium on further shrinkage." said Paul Hudson, FlyersRights' president.

In recent court papers the FAA indicated seat space was not a concern for the agency. They further said it's none of their business to think about tiny seats on planes.
Oct. 2016 - An American Airlines 767 caught fire at Chicago O'Hare Airport. Passengers evacuated on inflated slides as flames and smoke poured from the aircraft. Escape was delayed by some passengers retrieving bags. No serious injuries reported. The flight was only 70% full. See video taken inside the aircraft. For another take on evacuations see AskThePilot.

FlyersRights is challenging this faulty thinking.

"The fact that the FAA has had to resort to flawed technical legal arguments and ignored the merits of the rulemaking petition evidence FlyersRights submitted showing safety and health dangers of shrunken seats and pitch, shows the weakness of its position in denying any rulemaking for seat or leg room and refusing a moratorium on further shrinkage," stated Hudson.


Making Airports Great Again

Clinton & Trump planes cross paths in Cleveland. Sept 2016
"Our airports are like from a Third World country," said Donald Trump in September during a discussion on American infrastructure. 

He was specifically referring to New York's three international airports and Los Angeles International Airport.

A few years earlier, Joe Biden made the same remark, in reference to LaGuardia Airport.

This raises the questions; Should presidential candidates be insulting developing countries by comparing US airports to those of the developing world? Also, how much time has Trump, or his rival Hillary Clinton, spent in commercial airports anyway?

It's laughable to allege to understand the flying public from the comforts of your own personal jet - regardless of political party, and avoid dealing with security checkpoints, time-sinking endless waits and nickel and diming.

Skytrax released their annual ranking of the world's top 100 airports. This year's list puts five airports in developing countries ahead of the top American airport - Denver International, which comes in 28th place.

What makes American airports so bad? Chronic underinvestment in public infrastructure across the country. (Actually, Trump and Clinton agree on the need for much more infrastructure spending, arguing only about who is promising to spend more.)

Your Voice!

Dear FlyersRights:
  
It looks like my complaining to the flight attendants on Korean Air last year on my trip to Bali about the discomfort of the tilted-flat seats in Business Class worked.  They've gone level-flat.  Surely solely attributable to my having expressed dissatisfaction.  See, it pays to complain!  Your vote counts!

DP

Dear FlyersRights:

I've been a long time supporter of Flyers Rights and have a question for you.  I just came back from a trip to Ireland, booked through American but flown round trip from the Los Angeles to Dublin on British Air.  I used my FF miles and paid $975 in taxes to BA. Taxes on American are typically about one third that amount but there were no FF seats on American when I booked.

The outbound flights (3 of them) were fine but I missed a connection on the return from London to Los Angeles, the longest leg of the flight. I missed it because there was only one hour and 5 minutes between the flight from Dublin to London and the departure time from London to Los Angeles.  I had to go through Passport Control, Customs and Security, all of which took an hour.  When I got through and ran to the departure gate for my LA flight, it had just left.

Since there were no more flights available to Los Angeles that evening, they booked me on an American flight the next day, which meant staying in a hotel in Heathrow that night.  I took the American flight the next day, which brings me to my question:  Am I entitled to a refund on the taxes I paid to BA (approx. $450) for the leg I missed?  I have asked American to return those taxes minus the taxes American would be entitled to, but to no avail. They first passed me off to BA for the refund but BA passed me right back to American.  I have told American that I didn't think any government agency was entitled to collect taxes on services or goods not received. 

Will you please tell me what the policy (if any) is on this?  I am grateful for your help.

Sincerely,
DB

Dear DB:


The Montreal Convention article 19 may give y 
ou a basis for delay compensation as the
airline should have known that connection time w 
as too short. As to a tax refund for a flight n
 
ever taken, that has been court tested in Mass. in the US  a 
nd passengers lost even where the airline nev
er actually paid the tax to the government. N
 
ot sure how this would turn out in another court
in CA or Europe.

There may also be a possibility of compensation under EU ru 
les but you would need to consult a EU law fi
 
rm that specializes in this.

I have seen airlines even unilaterally change bookings of r 
eservations to as little as 45 minutes for connections. I make it a
 
 practice to provide at least an hour for domestic and at least 
 
1.5-2 hours minimum for connections internationally as
 
 incoming flight delays, customs, security, passport or visa 
 
control and/or walking between airport terminals c 
an eat up lots of time.

Overall, the fix is that tighter rules are needed t 
o make connection times realistic and to place t
 
he expense and burden of missed connection compensation o
 
n the airline including refunds of any taxes
paid for a flight missed. Sometimes airlines warn of c 
lose connections at booking but that is now left
up to each airline.

Paul Hudson
President


Dear Colleagues:

The White House and the U.S. Department of Transportation announced today (Oct. 18, 2016) enhanced protections for air travelers to spur competition.   Together, the actions announced will help consumers to know how airlines are performing, as well as make sure consumers don't have to pay for services they don't receive, can easily find the best flight options, and have a voice in how airlines are regulated. That will create a more competitive market, with better outcomes for American consumers.

The White House Fact Sheet has been posted at https://www.whitehouse.gov/the-press-office/2016/10/18/fact-sheet-obama-administration-announces-new-actions-spur-competition, the DOT press release is available athttps://www.transportation.gov/briefing-room/us-department-transportation-announces-enhanced-protections-air-travelers-actions, and the underlying documents referenced in the Fact Sheet and Press Release are publicly available on our website at https://www.transportation.gov/airconsumer/latest-news.

Best regards,

Jonathan Dols
Deputy Assistant General Counsel
Office of Aviation Enforcement and Proceedings (C70)
U.S. Department of Transportation
1200 New Jersey Ave., S.E.   W98-312 
Washington, DC 20590

Jonathan, 

Unfortunately this does not do much and only somewhat complies with Existing law.
Overall it's very disappointing. It fails to implement any of the 30 measures called for the Airline Passengers Bill of Rights 2.0 we first presented in 2012. It fails to issue long delayed rules on timely disclosure of ancillary fees, ignores DOTs anticompetitive decisions denying or indefinitely delaying foreign airlines access to US domestic markets in violation of Open Skies Agreements and its granting of numerous antitrust waivers to airline joint ventures, continues the refusal of FAA and DOT to halt dangerous shrinkage of seats and legroom or to set minimum passenger space standards, fails to address 2015 consumer rulemaking petitions to prohibit exorbitant change fees on international flights, or require plain language notice of passenger delay compensation rights. 

The DOJ since 2009 has also presided over a consolidation of the US airline industry into 4 airlines controlling 85% of domestic flights leading to reduction in service to most cities and has never stopped any merger or any anti competitive practice that I am aware of.  

When I traveled to Paris, Berlin and London last month, I was surprised to see far more airlines,  much lower fares, and robust consumer protection and representation, the polar opposite of the US situation. It used to be the reverse, the US had lower fares, better service and more competition. Last summer I also received several calls from foreign journalists covering the Republican and Democrat conventions, expressing astonishment at how bad US domestic air travel has become. 

The record of the Obama Administration and Secretary Foxx since 2013 has essentially been a reversion to pro airline industry self regulation and protectionism.
You have only a short time left to reverse this record, but it is still possible.

Regards,

Paul Hudson, Pres.
Member, FAA Aviation Rulemaking Advisory Committee

Dear FlyersRights:

We recently flew on an AA Airbus from DFW to LGA.  The left side of the plane had less space than the right side!!!  My husband and I each had aisle seats, and we had to switch because he was so uncomfortable on the left side.  Also, the rows were not aligned!

JD

Dear FlyersRights:

One thing I would not miss from the era of the upper photo is the smell of tobacco which probably permeated everywhere. BTW did you see how wide that aisle is? (- In response to Those Were The Days).

PL

Dear FlyersRights:

From your August 2, 2016 news letter:  "But customer dissatisfaction rewards the airlines. The industry has worked out that the more awful the experience, the more passengers will pay for the most basic services.

Under the guise of "consumer choice," passengers get bilked into spending more for this sham "premium" service."

My wife and I recently returned from a trip from San Francisco to Madrid, Spain and return on American Airlines.  Nearly six months prior to departure, I tried to reserve seats on all the flights.  For the first leg, from San Francisco to Dallas (DFW), American had blocked every window and aisle seat in regular coach seating.  All that showed on their seat map were middle seats.  In order to get two seats together, I was forced to pay extra to move to an upgraded section of the aircraft.  Just another one of their nasty tricks to get us to pay more.
Also, regarding the article about not wearing glasses in a passport photo, I have worn glasses for seventy years, since I was eight year old, had had a passport since 1954 when I was 15 years old.  I have never been allowed to leave my glasses on while the picture was being taken.  But I know that today with the "selfie" movement, fewer people get their pictures done by people who know the proper way to take a passport photo.  Too bad.
One final note.  On our return from Madrid this week, we used Global Entry for the first time.  What a breeze entering the USA.  While there were several hundred people waiting to have their passports checked manually, we went to the Global entry kiosks where there was about a one minute wait and breezed through.  Although my wife did not get a clean entry pass, there was a CBP agent right there to approve her entry.  Less than a minute delay.  And, of course, the Global Entry pass also gives you TSA Pre-check as well.
BE


Remember: Always opt out of nude body scanners and file a complaint at tsa.gov

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Thursday, November 3, 2016

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Those Were The Days

Nov 2, 2016

In-Flight Fashion Show 1957
Occasionally we unearth photos from air travel's glory days, from about the 1950s to mid 1970s.

We know it's hard to reminisce about roomy cabins, piano bars and cocktail lounges with today's spartan, confined and famine-inducing flights.

You might say this stark difference is becoming unacceptable considering US airlines have raked in record profits since 2009 - and $25.6 billion in 2015 alone, a 241% increase from 2014,according to the Department of Transportation (DOT).

Furthermore, passengers are telling the DOT they've never been more unhappy. (Note that the airlines do not publicize passenger complaints filed directly with the carriers.)
photo credit: LIFE archives

So, it is astounding that despite soaring profits and revenues, airline customer service is worse than ever.

But customer dissatisfaction rewards the airlines. The industry has worked out that the more awful the experience, the more passengers will pay for the most basic services.

Under the guise of "consumer choice," passengers get bilked into spending more for this sham "premium" service.

And unlike most industries, you aren't likely to take your business elsewhere, at least when flying domestically in the US, because 86 percent of air travel is controlled by just four airlines, United, Delta, American and Southwest - a "collusive oligopoly."

Collusive Oligopoly

This is why the US major carriers have been so aggressive in keeping out the Middle-East big three airlines  - Emirates, Etihad Airlines and Qatar Airways - as it would jeopardize their current collusive oligopoly.

The US Justice Department has acknowledged this problem and opened an investigation last July into the US major carriers for antitrust violations and fare collusion -  the case is still ongoing

Per New York Magazine, "Investigators hope to find out whether these airlines let each other know about added flights and extra seats, in an effort to keep the number of open seats low and prices high."

There too many of these links between airline mergers and multiplying fees with drastic decreases in frequent-flyer benefits. The lack of competition affects US travelers across the board on both international and domestic routes.



The FlyersRights ® Insider
With this issue of FlyersRights® weekly Newsletter, we are launching a new section (The FlyersRights® Insider)  that will contain travel and other travel-related information hints, tips and suggestions for our readers and members.

We do not intend to supplant other sources and resources, but rather use this new section as a reference source for more detailed information and data. We will annotate and clearly (again, hopefully) this data for further research by the reader as indicated and appropriate.
We welcome and solicit your feedback as to usefulness, relativeness; as well as any information and data you might have to contribute and be used in this new section of the newsletter.
Here goes:
When to renew your US passport -  http://www.cntraveler.com/story

This item will soon be banned in US passports  http://www.cntraveler.com/story

US Passports to get a makeover in 2016  http://www.cntraveler.com/stories

The above articles can be viewed by clicking on the link. For more in-depth and up-to-date information on these items, please see Condé Nast Traveler Magazine and the US State Department.



Remember: Always opt out of nude body scanners and file a complaint at  tsa.gov

REINSTATING THE RECIPROCITY RULE 

Getting on a Plane? 
Put This Number in Your Phone:
1 (877) Flyers6
  1 (877) 359-3776
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Thursday, October 27, 2016


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Unwanted Competition
New "competition" rules for airlines shun competition

Oct. 26, 2016

In some good 'ol fashioned, end-of-the-presidential-term braggadocio, the Obama Administration announced an unbelievable new "achievement" for airline passengers.

At a press conference last week, the White House publicized "new actions to spur competition in the airline industry."

"Today's Actions Respond to Executive Order Issued on April 15 to Spur Competition, Build on Strong Record to Create a More Transparent, Lower Cost, and Higher Quality Experience for Consumers" - The White House, Office of the Press Secretary


Competition Among US airlines? (All Nonsense)

Is America opening its skies to global airline competition? Will it welcome new entrants into the transatlantic market, particularly low-cost EU carriers? Is the US getting serious about Open Skies treaties it has forged round the world, under the pretext that this was good for the consumer and good for competition? The answer is no, no and no.

Maybe the application from Norwegian Air International has finally moved out of DOT limbo, where it's been stuck for three years? Nope, wrong again.

The press conference was led by DOT Secretary Anthony Foxx and White House 
Council of Economic Advisers' Jason Furman. All they did was boast about new regulations they characterized as "consumer protections" for airline passengers.

More Fee Disclosures, Bag Refunds

The administration leaders said they will "explore" requiring airlines to disclose an "all-in-one price" on online travel sites. 

This means fees might have to be disclosed upfront in the price. They would include baggage fees, seat assignment fees, and change and cancellation fees. 

"The idea here is the department is exploring what are the optional services that are so intrinsic to air services that they should be displayed along with the fare [online]," a DOT official said.

Airlines would also be required to refund baggage fees if luggage is significantly delayed. But what's the definition of  a "substantial delay"? DOT will be 'seeking feedback' on that - as well as whether it should differentiate between international and domestic flights and how soon a refund should be issued.

Currently, when a customer pays $35 for a checked bag and doesn't receive it at the other end, they have every expectation to receive a refund. But FlyersRights' experience with the airlines is that they'll refuse returning the money without lots of phone calls and hassle.

It is a failure (or less charitably, a swindle) for airlines to charge you to put your bag on the flight, then not have it arrive with you. 

FlyersRights has maintained that consumers are paying more for less while airlines continue to attempt to merge and decrease competition. The number of airlines have decreased substantially between 1979 and 2016, which coincides with increased fares and decreasing customer satisfaction.

In regard to the contract of carriage, it is entirely in the airlines' favor. They don't need to provide anything but a seat from A to B (regardless of the arrival date or time), or a refund if they can't give that to you. However, when you have boarded a flight and paid for the checked bag, there is an implicit agreement that it will arrive with you. Otherwise it would be called 'cargo', and you would ship it UPS.

Flights $1 -- With $199- $399 Booking Fees

Of course the airlines don't want to include their 'gotcha' fees into the fare - the price of a ticket might double!

Not only that, but taxes are a large driver of these 'unbundled' fees, When DOT talks about "requiring airlines to disclose an "all-in-one price" - airline CEO see millions vanishing from their profit margins.

Ancillary fees are exempt from the 7.5% excise tax on domestic airfare. So shifting $20 away from a ticket and call it a 'fee' for something means that the government takes $1.50 less.

Multiply that out by billions of dollars and it's serious revenue gained through tax arbitrage. Airlines will ramp up donations to politicians in hopes of staving off excise taxes being applied to fees. But this is a big a pot of money for the government to ignore. Closing these tax loopholes will likely lead to most junk fees being eliminated.

Yet one could reasonably argue that the value-add fees (early boarding, drinks, food, etc.) allow airlines to differentiate in a way that gives consumers more choice. But the fees that only serve to gouge consumers without providing service (like change fees that often equal the entire fare, rendering the ticket worthless) should be included in ticket prices.


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FlyersRights.org, 4411 Bee Ridge Road, 274, Sarasota, FL 34233
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