25
Oct
2007

cell-division.JPG

George Hobica reports on a nasty practice: Delta, apparently unhappy that some of their passengers had booked cheap tickets on nonstop flights, rebooked those customers onto far less convenient connecting flights. Like cell division, one flight had turned into two.

A friend of Hobica’s bought a New York-Denver nonstop around the holidays for a piddly $138, but…

…a couple of weeks ago, Delta called him and told him he was now on a flight leaving JFK around 6 AM, and he’d have to make a connection both coming and going. Worse, Davis is now flying on regional jets, instead of a big jet.

Naturally, he’s not pleased. There are still seats left on the Delta nonstop, but they’re selling for over $600 RT for Davis’ itinerary. It’s pretty clear what happened here: Delta kicked Davis off of the nonstop, and will now sell seats at a much higher fare than he paid to last minute purchasers.

Before anyone says it: Yes, the Delta contract of carriage (pdf) mentions that schedules are subject to change without notice, but that’s not what happened here. The schedule didn’t change, and the flight wasn’t canceled. Only this one ticket changed. The airline simply rebooked him onto a different itinerary at the same price.

Hobica hypothesizes that the airline is pre-bumping the cheap-seat customers to less convenient flights so they can continue to sell higher-priced tickets on the most desirable nonstop routes. And unfortunately, this is highly plausible.

Note that this isn’t the ranting of some crackpot who can’t tell Delta apart from Skybus. The author is a credible travel writer and the founder of the airfarewatchdog.com fare alert site.

And based on the comments of other readers on his site, the case wasn’t isolated. Several readers report the exact same phenomenon. (Several readers miss the point, too, and rant about schedule changes. Frustrating, too, but not the complaint at hand.)

If this ever happens to you, complain. If that doesn’t work, then escalate.

Related:
- Reader mail: The airline changed its schedule, what are my rights?
- Customer service: the nuclear option

12 Comments

12 Responses to “Flight Mitosis: Delta splits your nonstops into two”

  1. Mike Says:

    I have a feeling that the passenger was automatically rebooked by the system when either (1) the flight number changed or (2) the arrival time changed. He/she should have NO PROBLEM getting back on the nonstop if he/she had actually called Delta rather then running straight to post on the internet about how he/she was screwed.

  2. Katie Says:

    American tried to do this to me last week. I called and complained and the agent tried to blame it on the “computer.” I didn’t buy it and she rebooked me on the non-stop flight.

  3. Alice Says:

    This same thing happened to me last spring on AirTran. I had been sent an e-mail notifying me that my non-stop flight had become a one-stop flight, and gave me a link to follow to accept the change. Before calling AirTran to tell them that the change was NOT acceptable, I checked website, and there were the appropriate number of seats on a similar non-stop flight (left 5 minutes later than my original flight, but had a new flight number), but with a much higher fare than what I had originally booked on. When I called AirTran to ask them to rebook me on the non-stop flight, the agent refused saying that there were not enough seat in my class of service. I finally asked for a refund, which they gave me, but I will not fly AirTran again. I definitely got the feeling that they felt they could sell to someone else at a much higher price.

  4. Katie Says:

    For me they claimed it was in the contract that it was their right to basically make whatever changes they want. True?

  5. Mark Ashley Says:

    The comment below was sent to me via e-mail, with sender’s name withheld by request:

    Sue the bastards!

    The reason people are now compensated when airlines overbooked and are bumped from a flight is because they did it to Ralph Nader about 30-some odd years ago. He was bumped, missed a meeting, and sued. The rest is history. While Americans are certainly litigious, there are times when cheats should be put in their place. Sue Delta — call Nader, maybe he will do it for them.

    FYI, the part about Ralph Nader is true. From a Scott McCartney column from 2006:

    The answer dates back to 1967, when the Civil Aeronautics Board, which then regulated the airline industry, decided to allow airlines to overbook to cover no-shows. The board figured that extra revenue allowed airlines to offer lower fares, and that overbooking benefitted people who otherwise couldn’t buy a ticket, only to have the flight leave with empty seats.

    The rules got tested in court 30 years ago when Allegheny Airlines, now US Airways, bumped consumer crusader Ralph Nader, and Nader sued. The U.S. Supreme Court ruled in 1976 that the federal government could allow airline bumping, but airlines had to offer compensation to volunteers first, essentially setting up an auction system. That’s why you hear gate agents asking for volunteers to give up seats in exchange for free tickets or travel vouchers.

    “It was a spectacular success,” says Nader, who hasn’t been bumped off a flight since.

  6. Mark Ashley Says:

    Katie, I think what’s happening is that the airlines (American in your case, Delta in the original post, AirTran in Alice’s case…) are twisting a clause in their contract of carriage.

    American’s contract includes the following passage:

    American will endeavor to carry you and your baggage with reasonable dispatch, but times shown in timetables or elsewhere are not guaranteed and form no part of this contract. American may, without notice, substitute alternate carriers or aircraft and, if necessary, may alter or omit stopping places shown on the ticket. Schedules are subject to change without notice. American is not responsible for or liable for failure to make connections, or to operate any flight according to schedule, or for a change to the schedule of any flight. Under no circumstances shall American be liable for any special, incidental or consequential damages arising from the foregoing.

    Delta has a similar clause in their contract:

    Delta will use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Delta may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Delta is not responsible or liable for making connections, or for failing to operate any flight according to schedule, or for changing the schedule or any flight.

    My emphasis added, in both cases.

    I don’t know for certain that this is the passage that the airlines are relying on to justify any changes. But it seems to be the only real passage that relates even remotely to the case at hand.

    But there are still two problems:
    1) The “schedule” doesn’t refer to a specific ticket, but to the operations of the airline as a whole — to their timetable, and their operations. Those didn’t change; just the one ticket did.
    2) Was this change to the tickets a case of “necessity”? I think not. After all, the original flights are still on the schedule.

    Bottom line, by my reading, the airlines violated their contracts. Fight for your rights.

  7. James Says:

    I use to work at Delta(ending 2004) and the general policy was generally this[AFAIK still the same]:

    If your flight changes and you are rebooked on something you don’t like, you are allowed to be rebooked at no charge(ONE time) or given a refund. This won’t work if you want to move your dates by a week but most EMPOWERED agents are happy to adjust your routing on the same days due to an undesirable rebooking by the system. Sometimes, even if it means overbooking the class of service(but not the plane), there must be available seats on the plane. You might have to escalate or off the bat ask for reissues.

  8. Mark Ashley Says:

    Excellent tips, James. Thanks for sharing!

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  10. Ann Says:

    I had this happen to me with a direct bos to slc flight booked using miles on a sky saver ticket. The nonstop was changed to a jfk change of planes. I ended up changing the ticket all together but this is the second time I’ve had a problem with an award ticket. Last year, I used double miles for a ticket — same route — and the plane was overbooked so there was no seat. That really hurts when it is a 6:30 am flight.

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