I had a discussion last night with a friend about the so-called Passenger Bill of Rights, now gestating in Congress. To catch up new readers who don’t like to click links, I was on a plane in December bound for Dallas, rerouted to Austin because of bad weather, and left on the tarmac for 8.5 hours. In that time, we were constantly promised the following: travel to Dallas, food, shuttles to the gate. We ended the ordeal having been delivered one shipment of “catering” (the smallest bags of the smallest pretzels I’ve ever seen), and one shuttle after seven hours that took away 15 passengers. To add torture to insult, half of the passengers got their bags, half did not.
A small group of us organized, that group grew, and we were able to grab the ear of some of our representatives in Congress, who have agreed to try and help establish a national contingency plan. More than anything, it’s the kind of action I felt was appropriate after our ordeal.
Once the JetBlue incidents occurred, in mid-February, publicity was unstoppable, and suddenly the issue was on the radar (given its competition (Anna Nicole Smith, Iraq, Walter Reed, presidential politics), that’s quite a feat.
But back to my conversation last night. My friend sees the need for such action to be taken in the event of planes that aren’t able to fly, but doesn’t think it’s the responsibility of the federal government. Her argument is two-fold: one, it’s up to the airlines themselves to come up with the best contingency plans, and from there, the market can sort out which companies treat their customers with dignity; and two, how would such a national bill of rights be enforced anyway?
I see the merit in both arguments, and perhaps if I hadn’t had the experience burned into my brain, I could be persuaded.
But my point is this: monolithic companies like American Airlines (the culprit in my experience), United, Delta, Northwest, US Airways, and the like aren’t compelled to step up the way, say, JetBlue did (which, for the record, I applaud). The chances of what happened to us and JetBlue happening again are slim (though I have no doubt they’ll happen, chalked up 80 percent to human incompetency as they are), and so companies have the luxury of ignoring the issue and continuing to overcharge passengers. Those wise to the shortcomings of the majors will do their best to get their friends to fly the second-tier carriers, but things won’t automatically change unless there’s true incentive. Unless they’re compelled.
And isn’t it in these companies’ best interests, not to keep their customers happy, but to treat them like human beings? Those of us from the isolated incidents can only raise so much of a ruckus.
As far as enforcement goes, well, that’s a really good point. A system of fines should be imposed for airlines that violate the basic points of the bill of rights. Not sure what more to say. I think that would take care of things pretty quickly. On top of the fines themselves, airlines would face untold millions in legal costs should they decide to fight the penalties.
Another mechanism that I feel should be included is immunity for the airlines from legal action. Once such a set of rules were in place, passengers would essentially forfeit rights to legal recourse, and instead be privy to the compensations laid out in the bill. Should an airline not meet the rules of required compensation, the same mechanism that enforces fines would handle compensation.
The bottom line is this: I believe that markets should be left to play out as they will, but with a level playing field. A spot of regulation, in order to hold these faceless entities accountable to real people, is all it takes.