Airline "Weather Weasling" out of rule 240?
August 6, 2007 6:26 AM Subscribe
My United Air flight from Washington, DC to New York (departing 4:55pm yesterday) was canceled. I asked to be booked on the next flight, based on rule 240. The airline refused, claiming it was canceled due to weather. But at the time of cancelation, there were clear skies at both airports, and plenty of other planes on the same route at similar times were not canceled. How do I call bullshit, and make them pay for my inconvenience (an extra day in DC, taxi w/2 small kids, etc), and for being such big liars?
Best answer: USA Today just did a piece last Friday on Rule 240:
http://blogs.usatoday.com/sky/2007/08/rule-240.html?csp=34
Brancatelli: Rule 240 'consigned to the dustbin of air-travel history'
"Can we get just one thing straight? Rule 240 is an urban legend." That's the word from travel columnist Joe Brancatelli, who says today's airline "contracts of carriage" tilt heavily in the favor of the carriers. As for Rule 240, Brancatelli notes it was "the shorthand for a federal regulation that required an airline to immediately reaccommodate a passenger whose flight was canceled or delayed." That meant the carrier would either put you on its next available flight or on the next available flight of another airline. Some stranded travelers still mention Rule 240 to ticket agents when trying to get to their destination.
But that might not do much good, according to Brancatelli. He writes "Rule 240 disappeared with the Civil Aeronautics Board and the regulated airline industry. It has not existed for 30 years." Instead, he argues the rule has been replaced be various airline contracts of carriage that leave fliers with varying –- but few -– rights if their flights get canceled. "Rule 240 is dead and long buried. In its place is a patchwork of legal documents especially designed to maximize your pain when an airline screws up," Brancatelli writes.
In one quirk of the airlines' contracts of carriage, Brancatelli notes that at least three airlines — United, Delta and Northwest — have labeled their reaccommodation clauses as Rule 240. But, Brancatelli says these "nearly toothless" clauses "have no relationship to the pre-deregulation federal Rule 240." He adds that fliers may be "disappointed by and disgusted" with the contracts that are in place these days. But by knowing what those contracts do and do not cover, Brancatelli writes that "at least you'll know the legal lay of the land and you won't be standing at a ticket counter vainly invoking a federal regulation that was long ago consigned to the dustbin of air-travel history."
posted by Sweetie Darling at 6:48 AM on August 6, 2007 [2 favorites]
http://blogs.usatoday.com/sky/2007/08/rule-240.html?csp=34
Brancatelli: Rule 240 'consigned to the dustbin of air-travel history'
"Can we get just one thing straight? Rule 240 is an urban legend." That's the word from travel columnist Joe Brancatelli, who says today's airline "contracts of carriage" tilt heavily in the favor of the carriers. As for Rule 240, Brancatelli notes it was "the shorthand for a federal regulation that required an airline to immediately reaccommodate a passenger whose flight was canceled or delayed." That meant the carrier would either put you on its next available flight or on the next available flight of another airline. Some stranded travelers still mention Rule 240 to ticket agents when trying to get to their destination.
But that might not do much good, according to Brancatelli. He writes "Rule 240 disappeared with the Civil Aeronautics Board and the regulated airline industry. It has not existed for 30 years." Instead, he argues the rule has been replaced be various airline contracts of carriage that leave fliers with varying –- but few -– rights if their flights get canceled. "Rule 240 is dead and long buried. In its place is a patchwork of legal documents especially designed to maximize your pain when an airline screws up," Brancatelli writes.
In one quirk of the airlines' contracts of carriage, Brancatelli notes that at least three airlines — United, Delta and Northwest — have labeled their reaccommodation clauses as Rule 240. But, Brancatelli says these "nearly toothless" clauses "have no relationship to the pre-deregulation federal Rule 240." He adds that fliers may be "disappointed by and disgusted" with the contracts that are in place these days. But by knowing what those contracts do and do not cover, Brancatelli writes that "at least you'll know the legal lay of the land and you won't be standing at a ticket counter vainly invoking a federal regulation that was long ago consigned to the dustbin of air-travel history."
posted by Sweetie Darling at 6:48 AM on August 6, 2007 [2 favorites]
Also, you might want to check the specifics of your United Air contract, since "Rule 240" is, in fact, no longer a federally-mandated rule -- see here.
It can't hurt for you to write a letter (not email!) to the customer service department of United, explaining your position, costs your incurred, etc. Particularly if you are a frequent flyer with United, making enough noise might get them to throw you a bone in compensation.
posted by modernnomad at 6:50 AM on August 6, 2007
It can't hurt for you to write a letter (not email!) to the customer service department of United, explaining your position, costs your incurred, etc. Particularly if you are a frequent flyer with United, making enough noise might get them to throw you a bone in compensation.
posted by modernnomad at 6:50 AM on August 6, 2007
UA does indeed still have a Rule 240, but Rule 240(J) exempts them from any liability due to the weather.
It is immaterial that there was no weather problem at your originating or destination airport. A weather problem somewhere entirely different may have meant that the plane you were meant to take never arrived in Washington.
It's not unknown for airline employees to orally fib about the cause of delays, but their computer system should contain the real reason for the flight delay. Is it this flight? There's no reason posted there, but you might be able to get it through ExpertFlyer.
The best you can do at this point is to politely write them and ask them to explain what happened that day, and note that you were disappointed that you were not put on another flight that day, and ask for some monetary compensation. They won't give it to you, but they might give you some miles if you're a member of the UA frequent flyer program. They should also properly explain the cause of the cancellation.
All this is part of the risk of traveling. You can buy insurance against extra expenses caused by these kinds of delays, but it's probably better to just deal with it when it happens.
posted by grouse at 6:51 AM on August 6, 2007
It is immaterial that there was no weather problem at your originating or destination airport. A weather problem somewhere entirely different may have meant that the plane you were meant to take never arrived in Washington.
It's not unknown for airline employees to orally fib about the cause of delays, but their computer system should contain the real reason for the flight delay. Is it this flight? There's no reason posted there, but you might be able to get it through ExpertFlyer.
The best you can do at this point is to politely write them and ask them to explain what happened that day, and note that you were disappointed that you were not put on another flight that day, and ask for some monetary compensation. They won't give it to you, but they might give you some miles if you're a member of the UA frequent flyer program. They should also properly explain the cause of the cancellation.
All this is part of the risk of traveling. You can buy insurance against extra expenses caused by these kinds of delays, but it's probably better to just deal with it when it happens.
posted by grouse at 6:51 AM on August 6, 2007
Rule 240 in our post-deregulation age is up to an airline's self definition and United's doesn't apply to your situation.
"flights exceeding 2 hours"
Flight time from DC to NY is nowhere near that long.
That said, your best chance of renumeration is to send a polite letter detailing the facts to the airline asking for some form of compensation.
posted by phearlez at 6:51 AM on August 6, 2007
"flights exceeding 2 hours"
Flight time from DC to NY is nowhere near that long.
That said, your best chance of renumeration is to send a polite letter detailing the facts to the airline asking for some form of compensation.
posted by phearlez at 6:51 AM on August 6, 2007
Note that the text on phearlez's web site does not match the Contract of Carriage on UA's own web site. The bit about "flights exceeding 2 hours" is probably a mistranscription. The CoC refers to "flight delays exceeding 2 hrs." [emphasis added]. If the reason for the delay was weather, it still doesn't matter.
posted by grouse at 6:56 AM on August 6, 2007
posted by grouse at 6:56 AM on August 6, 2007
Whether weather was, or was not, truly to blame is irrelevant. The airline will full-on lie, and there is exactly zip you can do about it.
...except write a nice polite letter, threatening nothing, because surely they didn't mean to be so inconvenient to you, and thus you thought they should be informed -- so that they could fix this terrible mistake and get right on back to being the marvelous airline they've been in the past.
(I cannot tell you how many times airlines have claimed "bad weather" at my destination as an excuse for a delay while other large carriers flying to the same point on the same route and private flyers said it was beautifully calm. One time I even managed to print out aviation weather reports while waiting, yay internet, and the clerk just smiled while saying "well, we're saying it's because of the weather at the destination airport, so it is")
posted by aramaic at 7:12 AM on August 6, 2007
...except write a nice polite letter, threatening nothing, because surely they didn't mean to be so inconvenient to you, and thus you thought they should be informed -- so that they could fix this terrible mistake and get right on back to being the marvelous airline they've been in the past.
(I cannot tell you how many times airlines have claimed "bad weather" at my destination as an excuse for a delay while other large carriers flying to the same point on the same route and private flyers said it was beautifully calm. One time I even managed to print out aviation weather reports while waiting, yay internet, and the clerk just smiled while saying "well, we're saying it's because of the weather at the destination airport, so it is")
posted by aramaic at 7:12 AM on August 6, 2007
Write a letter and mail it off.
You'll often get back reimbursement for your real costs (2x taxi, hotel?, food?). Especially if you have copies of receipts (dated helps). Then many airlines will give you miles or $100 vouchers ("Hey, sorry, let us screw you again later!) or some other sad sad renumeration.
This is SOP these days. Lie, cancel flights that would go out at a loss, and then dribble out compensation for people annoyed enough to write about it.
posted by zpousman at 7:30 AM on August 6, 2007
You'll often get back reimbursement for your real costs (2x taxi, hotel?, food?). Especially if you have copies of receipts (dated helps). Then many airlines will give you miles or $100 vouchers ("Hey, sorry, let us screw you again later!) or some other sad sad renumeration.
This is SOP these days. Lie, cancel flights that would go out at a loss, and then dribble out compensation for people annoyed enough to write about it.
posted by zpousman at 7:30 AM on August 6, 2007
Best answer: Writing a letter to the airline might produce partial compensation in the form of travel vouchers, so it is worth a try. (You will not get full compensation for your costs, but maybe $100 or $150 per ticket.) However, as others have pointed out, the Contract of Carriage is written in such a way that you are entitled to nothing. The fact that they appear to be lying about the weather is not something you can effectively follow-up on. They may not, in fact, be lying, since weather anywhere nearby or along your route could cause a cancellation.
In your complaint, make sure to also CC the DOT, which will ding UA in the DOT's reports. These reports don't actually have much immediate effect on the airlines. But, as the number of official complaints rise, maybe, eventually, Washington will take notice and implement regulatory change to prevent the airlines from screwing their customers.
posted by blue mustard at 7:44 AM on August 6, 2007
In your complaint, make sure to also CC the DOT, which will ding UA in the DOT's reports. These reports don't actually have much immediate effect on the airlines. But, as the number of official complaints rise, maybe, eventually, Washington will take notice and implement regulatory change to prevent the airlines from screwing their customers.
posted by blue mustard at 7:44 AM on August 6, 2007
This is SOP these days. Lie, cancel flights that would go out at a loss, and then dribble out compensation for people annoyed enough to write about it.
This is also an urban legend with zero evidence to support it. An U.S. major airline would rather send a flight out with no passengers than cancel the flight. Just as a missing plane due to weather in one part of the country causes lots of follow-on disruption elsewhere, so would a flight canceled for arbitrary reasons.
posted by grouse at 7:46 AM on August 6, 2007
This is also an urban legend with zero evidence to support it. An U.S. major airline would rather send a flight out with no passengers than cancel the flight. Just as a missing plane due to weather in one part of the country causes lots of follow-on disruption elsewhere, so would a flight canceled for arbitrary reasons.
posted by grouse at 7:46 AM on August 6, 2007
Call the airline and politely but firmly explain your frustration over the time, trouble, and expense incurred. Write down the details (what expenses were incurred when and why) so that you can clearly explain yourself. You may have to tell your story to several people. Be patient with the customer-service people and don't call the airline a liar. They will almost assuredly offer you vouchers as a courtesy. I speak from experience.
posted by desuetude at 8:06 AM on August 6, 2007
posted by desuetude at 8:06 AM on August 6, 2007
I'm in the same situation right now, preparing to make a complaint to United about a flight delayed "because one crew member hasn't shown up." I missed a connection and lost a prepaid night at an expensive spa.
If anyone has an actual name/number of someone with authority to make a decision, please post it.
posted by StickyCarpet at 8:35 AM on August 6, 2007
If anyone has an actual name/number of someone with authority to make a decision, please post it.
posted by StickyCarpet at 8:35 AM on August 6, 2007
I'm in the same situation right now, preparing to make a complaint to United about a flight delayed "because one crew member hasn't shown up."
Heh. I had that happen to me on an Air Canada flight from Toronto to Boston on 11 July. I wouldn't have guessed it could happen twice.
posted by NotMyselfRightNow at 9:39 AM on August 6, 2007
Heh. I had that happen to me on an Air Canada flight from Toronto to Boston on 11 July. I wouldn't have guessed it could happen twice.
posted by NotMyselfRightNow at 9:39 AM on August 6, 2007
StickyCarpet, the first customer-service person to whom you speak will not have the authority to issue vouchers. They should transfer you to a supervisor as soon as they determine that you do have a legitimate complaint (e.g. not just wanting to vent about the size of the seats or the temperature of the ginger ale.)
However, if they don't offer to transfer you and give you a party-line that goes something like "sorry that you had that frustrating experience but it's out of our control/there's nothing I can do," don't argue with them or get pissed off, just thank them for their time and assert that you'd like to speak to a supervisor.
Not an actual name or number, but helpful, I hope.
posted by desuetude at 9:40 AM on August 6, 2007
However, if they don't offer to transfer you and give you a party-line that goes something like "sorry that you had that frustrating experience but it's out of our control/there's nothing I can do," don't argue with them or get pissed off, just thank them for their time and assert that you'd like to speak to a supervisor.
Not an actual name or number, but helpful, I hope.
posted by desuetude at 9:40 AM on August 6, 2007
Best answer: http://www.elliott.org/archives/2007/05/united_airlines_1.php
Has some contact info, including a CEO/VP.
posted by Comrade_robot at 10:32 AM on August 6, 2007
Has some contact info, including a CEO/VP.
posted by Comrade_robot at 10:32 AM on August 6, 2007
This thread is closed to new comments.
posted by cerebus19 at 6:34 AM on August 6, 2007