Friday, September 14, 2012

Looking at cheap flights the delay compensation you can receive

When it comes to delays some budget carriers have a better record than others. It’s part of the price you pay. Some carriers use older airplanes which break down more often… No matter what the reason, the same European rules apply whether you’re waiting for full-price or cheap flights. As an example, a Monarch flight was delayed for more than seven hours in July, 2012. The reason was that the plane due to make the pick-up broke down and it took a longer than expected time to get the replacement part. The flight eventually left at 3 am. Monarch refunded the cost of the ticket and provided food vouchers during the wait. It refused accommodation on the ground that it was more disruptive to passengers to have the chance to sleep until 1 am before being rousted out and sent back to the airport in time to board the plane. Whether this is an appropriate view is irrelevant. The principle of a price refund and food is clearly correctly applied.

It is worth noting that this was not an example of a cancellation as, although it was later than scheduled, the plane did eventually get repaired and took off. On November 19, 2009, Sturgeon v Condor Flugdienst GmbH and Bock and Others v Air France SA in the European Court made a very significant ruling. Angry claimants were arguing that, after a point, delay becomes the same as a cancellation. The only issue was how long. In the end, the court said three hours delay due to the fault of the carrier should be treated as a cancellation with all the rights of compensation that flow from that. However, the right of compensation is not absolute and the airline avoids payment if it can prove that there was an “extraordinary circumstance”, e.g. a volcano spewing out ash and, no matter what the airline had done, the delay was unavoidable. In the case of Monarch, the English courts have been asked whether the delay was avoidable. This seems likely. It was an old plane that broke down through lack of maintenance and no replacement part was available in the airport.

Monday, September 3, 2012

The problem of the US airport service investment and air tickets costs

Failure to invest in air traffic control seem to bring decrease in cheap air tickets

As Americans, we have a problem with the need to pay taxes. We seem to believe that caring commercial organizations will solve all our problems without the need for us to pay a government to provide a basic infrastructure. Sadly, this is completely unrealistic. Organizations that exist to make a profit are not interested in giving free access to services. If we do not pay modest taxes, we will end up paying higher commercial charges for the same services. As an example of the problem, let's look at the failure to invest in air traffic control. We're rapidly reaching the point where the controllers cannot safely manage the traffic. The result is increasing delays in scheduling take-off and landing slots. Unless something dramatic is done to increase capacity, delays will increase significantly. At first, this is likely to affect only those holding cheap flight tickets. For historical reasons, the air traffic system gives priority to the larger legacy airlines, so the discount and budget carriers will find it difficult to get slots at the major hubs.

As to the design or airports, we're already experiencing serious delays because of the increased levels of security. If airports are expected to operate at peak levels for more hours in the day, this will need major redesign and significant increases in the number of trained staff. In turn, this will force up prices for the use of airports. Yet there are no signs of any willingness to make the necessary investments. With Washington focused on reducing the deficit, it's difficult to see how funds can be diverted to air transport when there are obvious shortages and problems in other equally important public services. Air travel is not considered a public service in need of government support when put alongside health care and education.

Will cheap air tickets decline?

The situation is worse at state level where the local deficits are forcing some cities into bankruptcy. Without major increases in the level of taxes collected and adequate investment, the national air traffic control system will struggle to perform even at current levels, and it will also fail to match the more sophisticated systems operated in Europe. Cheaper ticket deals will decline as delays increase - only a higher ticket price guarantees arrival at the destination on time in a capitalist country.

Saturday, September 1, 2012

Cheap air tickets and European travel for the disabled

The Europeans are very precise in the way they think about rights. If there's a single market, there should be one set of rules. If there's one set of rules, it should apply equally to all citizens no matter whether they are disabled or their mobility is restricted in some way. Opportunities for travel should not be denied people because they are disabled. Except. . . There are always exceptions. In this case, it comes down to questions of practicality and safety, so we need to explain carefully how the rules are designed to work. Before an airline or travel agent accepts a booking from a person with a disability or some form of limit to their mobility, there's a duty to identify any problems likely to occur. This is not something that should arise when the disabled individual arrives at the airport. If proper notice is given in advance of potential problems, refusal to allow boarding will be considered a breach of contract and entitle a full refund plus the award of compensation. This applies whether this was full-price or cheap air tickets are involved, and whether this is flight only or part of a package holiday or tour.

This duty to accommodate the disabled does not just apply to the airline. It also applies to the airport operator which should provide properly designed access and trained staff. This should not be separately charged. Societies should be inclusive and not discriminate against individuals on the ground of their disability.

So when can transport be refused? In less common cases, because the disabled individual cannot pass through the aircraft door or something prevents moving through the aircraft to the designated seat. If this proves the case, the carrier must suggest alternatives. This can involve requiring a second individual accompany the disabled person to offer help and support. If a person with limited sight has an assistance dog, all airlines must publish their rules and cannot ignore them when convenient. If the disabled person holds cheap air tickets that involve changing flights, each airport has the legal duty to ensure appropriate arrangements are made to move from one gate to another.