Airline strike: “What is their responsibility?”

I’ve been getting quite a few questions like Joyce Fishman’s lately. She’s afraid her airline is about to go on strike, leaving her stranded.

She writes,

We have reservations on Spirit Airlines for a family celebration of our 50th anniversary. Our trip is to begin on June 14. The pilots are planning to strike on June 12 if no agreement is reached.

I have contacted Spirit as to their responsibility to protect us in the event of a strike. Each time I get the company line, “Spirit intends to operate through the process” and “Spirit will try to take care of all customers”.

What is their responsibility?

Can you find out anything more than I have been able to? Your help will be much appreciated.

There are actually three airline strikes or potential strikes in the news. Let’s start with Spirit.

The only mention of a strike in Spirit’s contract of carriage — its legal agreement between you and the airline — is in section 4.8 under “Refusal to Transport”

Spirit may refuse to transport, or remove from any flight, any customer for the following reasons:

4.8.2. Whenever necessary or advisable by reason of weather or other conditions beyond its control (including, without limitation, acts of God, labor disturbances, strikes, civil commotions, embargoes, wars, hostilities, or disturbances) actual, threatened, or reported.

In other words, Spirit has no obligation to do anything for you. Period.

How about British Airways, which is in the middle of a strike? Its contract doesn’t even mention a strike, labor dispute or work stoppage.

According to its site, you only have two options:

If your flight is cancelled due to strike action you will have options for rebooking or obtaining a refund.

If you rebook to a flight outside the published disruption period, the fare rules of your original booking will then apply to your new flight dates.

Ditto for American Airlines, which may be headed for a strike, too. Its contract of carriage considers a strike a “force majeure” event, which translated into English, means a “too bad so sad” event. (And that is a polite way of putting it.)

American may, in the event of a force majeure event, without notice, cancel, terminate, divert, postpone or delay any flight or the right of carriage or reservation of traffic accommodations without liability except to issue an involuntary refund.

The involuntary refund will be made in the original form of payment in accordance with involuntary refund rules for any unused portion of the ticket. American will also reserve the right to determine if any departure or landing should be made without any liability except the aforementioned involuntary refund.

No two ways about it. If there’s a strike, you’re outta luck.

Update (noon): This just in from our friends at ALPA.

Time Running Out for Spirit Airlines: Strike Date Set for June 12

Pilots to Picket at LaGuardia Airport as Spirit Airlines Announces Expansion

New York—Spirit pilots, represented by the Air Line Pilots Association, Int’l (ALPA), will conduct informational picketing Tuesday, May 25, at LaGuardia airport—one of the most profitable bases for Spirit Airlines. This comes just days after the company announced that the company would start a direct route from Detroit to Atlantic City.

Picketing will take place from 11:00 a.m. to 1:00 p.m. on Tuesday, May 25, at the LaGuardia Airport, Central Terminal B, Queens, New York.

Pilot leaders representing the union will be available for interviews.

“This company made over $100 million in 2009 and continues to expand. Yet, they’ll tell you that they need substantial concessions from the pilot group,” said Capt. Sean Creed. “Those two facts just don’t go together. This company needs to stop pleading poverty while eating caviar—because without a contract, on June 12, this pilot group will strike.”

Founded in 1931, ALPA is the world’s largest pilot union and represents 53,000 pilots at 38 airlines in the U.S. and Canada, including more than 500 pilots at Spirit Airlines. Visit the ALPA website at http://www.alpa.org.

(Photo: Daniel Pascual/Flickr Creative Commons)

  • Arizona Road Warrior

    First suggestion is to avoid flying an airline that could be subject to a strike when you have to be somewhere.

    If you have to fly an airline that could be subject to a strike, purchase travel insurance that cover strikes.

  • noah

    “No two ways about it. If there’s a strike, you’re outta luck.”

    –how is this “outta luck?” You get your money back. Are we really going to take the position that an airline experiencing a strike must either (a) hire scabs; or (b) buy you a much more expensive ticket on another airline? It does not seem at all unreasonable to me that the customer would assume part of the risk of a labor dispute when they purchase an airline ticket. As far as I know, that’s how it works in all service industries.

  • Joe

    Funny how a strike by their own employees is considered “beyond their control.” You’d think they would have some culpability if employee relations make it to that extreme a point.

  • SirWired

    This is another argument for comprehensive trip insurance if you have nonrefundable cruise/tour payments that need protecting. As long as you buy the trip insurance prior to the strike being announced (and the policy covers strike), you won’t lose your vacation payment. The insurance won’t buy you a new ticket unless you are stranded trying to get home, but they will get you your non-airline money back. (The airline should refund you for your ticket.)

  • liz

    @noah – You get your flight money back, but not your hotel/cruise/whatever deposits.

    I think the answer really just lies in not flying Spirit ever.

  • Josh

    @noah — you also only know you’re getting your money back at the last minute when they cancel the flight…when it’s too late to purchase a comparable seat on another airline (and as @liz mentions, possibly too late to cancel your other accomodations and find another vacation to take).

    I think airlines should have a choice — either allow cancellations *now* during the period of a threatened strike (and thus limit their liability to the price of the ticket), or agree to pay the full damages if they cancel the flight at the last minute (meaning the cost of a ticket on another airline).

  • gatorcpa

    I am holding a Spirit ticket for June 12th, the date of the strike. I asked Spirit what their plans were in case of a strike and received an answer which included the following:

    “We intend to operate as normal, even if no agreement can be reached. Spirit Airlines’ customers will be protected and routed to their desired destinations as per their plans. However, we do not foresee any disruptions to our daily operations and encourage you to look forward to your travels optimistically. ”

    Not sure what to make of this in light of what has been written above. If there has been no progress in the labor negotiations in a few days, I amy inquire further as to the meaning of “protected”.

    My guess is that we won’t know anything until the last minute.

  • noah

    @everybody– Yes, I understand that you don’t recover all the costs of your trip when they cancel your flight. That’s precisely my point: why does everybody think that the airline should assume all the risk of a strike? It makes more sense to me to share that risk between the airline and the people who have tickets during the strike period.

    Here’s at least part of the reason why: the airline is going to share that risk with you no matter what. The way it works now, the cost of a strike is allocated primarily between the airline and the people who had tickets on the airline during the strike period. If airlines were required to find you another flight when there is a strike (or to refund your cruise, hotel etc.), then they would charge more for each and every ticket to fund that risk. As a result, the risk of a strike would be shared among the airline and ALL of its customers.

    The status quo is almost certainly better for savvy, knowledgeable consumers, because they can take steps to avoid buying tickets on an airline that is at risk risk a strike. It’s not foolproof, but it is generally doable.

    Ultimately, this is no different from plans to go to DisneyWorld, but on the day you plan to fly to Orlando, you learn that DW is closed because of a strike. Disney doesn’t refund the price of your flight, nor would you expect it to. Similarly, if a cruise gets canceled, you don’t expect the cruise line to give you money for the cost of the flight you bought to get to the cruise.

    Why do you feel differently about an airline?

  • B.j.

    I was in London when British Air went on strike. I knew it was a possibility when I left USA. They booked me right on to AA but not in the good seat I had paid extra to reserve. Within a short time I was credited the $30.00 to my credit card I had paid for the special seat. I would say that was quick but it was a stress time while in London & it took me a lot of calls for them to confirm AA flight on my e mail. I had to get a bit peckish.

  • Bill

    The striking union should have to pay!

    Seriously, why aren’t these disputes sent to binding arbitration? Strikes cause too much grief.

  • Mr. Pissedoff

    Spirit has become a JOKE, first they announce 39.00 flights, but, when you try to book one, mysteriously, they are now 210.00, then, now they want to charge you for ” CARRY ON ” Luggage , ..BOTH WAYS,,,,.
    Ive never had a problem with Northwest/ Delta, so, Spirit can Kiss my a**……….

  • gatorcpa

    Noah, your analogy is totally off-base. In your situation, I would not expect the airline to pay for my tickets to Disney World (nor for my hotel room), as they would have no control over a strike at another company . In this case, for Spirit to claim that they have no control regarding a labor dispute involving their OWN COMPANY is a bit ridiculous.

    You are correct in that all travellers need to share potential costs of strikes against airlines as part of the base fares. That is part of the airlines’ job…to take these costs into account in computing the fares, as well as salaries, benefits, fuel, landing rights, etc. etc.

    What I do expect is for Spirit to offer me alternative arrangements or a refund if this labor dispute is not settled within a reasonable time (perhaps 48 hours) prior to my scheduled departure of June 12. My guess is that I’m going to have to fight for my rights here.

    It shouldn’t have to be this way…

  • David Z

    Why do you feel differently about an airline?

    Understandable if we get maybe emotional about it, especially after all the past “inconveniences” they’ve caused. But indeed…why?

  • Carver

    @Noah

    I’m going to have to respectfully disagree with your analysis.

    If the airline is unable to perform, why should it be allowed to cancel its agreement with the travelers, particularly since it is well known that to the stranded travelers, the burden will be substantial. Imagine having to purchase a walk up one way international ticket.

    The airlines won’t refund my money if I can’t travel, why should they get a pass. The airline should absolutely be required to figure out how to transport me. Besides, let’s me clear, the airlines aren’t paying retail prices. You know they have agreements between themselves for just this contingency.

    I also disagree that the savvy customer can avoid this. Sometimes tickets are purchased way in advance. Often long before there is any hint of drama.

  • noah

    gatorcpa, you misread my comment.

    Of course you don’t expect the airline to pay for the DW tickets. That’s a false analogy. In my analogy, DW is like the airline is here. If DW is closed because of strike, you do not expect it pay you for your plane ticket to Orlando.

    Similarly, if an airline doesn’t fly because of a strike, you can’t expect it to refund the cost of the hotel you were going to stay at after you took the flight.

    “You are correct in that all travellers need to share potential costs of strikes against airlines as part of the base fares.”

    –What? That’s not what I said at all. I said that the travelers who have tickets on flights that don’t go because of a strike should share the cost. If I avoid flying during a strike, why should I have to share the costs by paying for it when I fly on non-strike days?

    “at I do expect is for Spirit to offer me alternative arrangements or a refund”

    –here, I agree. Spirit should (must) refund your ticket if the flight doesn’t go for a strike. But that’s all. Nothing mroe.

    @carver

    “I also disagree that the savvy customer can avoid this. Sometimes tickets are purchased way in advance. Often long before there is any hint of drama.”

    –And that’s not very savvy. A savvy traveler buys the ticket at the latest possible date to still get the discounted price.

  • Arizona Road Warrior

    @ Joe – “Funny how a strike by their own employees is considered “beyond their control.” You’d think they would have some culpability if employee relations make it to that extreme a point.”
    - – - – - – - – - -
    It is no surprise about the animosity between employees and management given how airlines treat their customers.

  • Cee

    @noah

    “–And that’s not very savvy. A savvy traveler buys the ticket at the latest possible date to still get the discounted price.”

    That is not plausible for everyone. I’m going away in Oct. and Nov. and I already have my ticket and have had them since April, last time I checked those flights are almost double what they were when I paid. I should not be penalized for buying tickets in advance and when I’m ready to travel there is a strike.

    “Spirit should (must) refund your ticket if the flight doesn’t go for a strike. But that’s all. Nothing mroe.”

    Why shouldn’t they attempt to find alternate transport? If I was two weeks away from travel and all this mess was going on I would want to hear more that the standard generic message they seem to be giving out.

  • Charles

    Points not mentioned so far in this discussion:

    1) Trip insurance won’t help if you bought it after 5/11/2010, so don’t go ahead and book Spirit and figure you can protect yourself with trip insurance. See http://www.travelguard.com/customerservice/strikelist/ for example, to see how trip insurance is NOT going to cover some airlines. Note that some trip insurance companies won’t cover some airlines at all. The AccessAmerican “covered suppliers list” does not include Spirit or, for that matter, even Delta.

    2) The discussion here is focused entirely on what happens if there is a strike. But, what happens if Spirit goes out of business? They have sent a letter to the Air Line Pilots Association stating that they may “shut down operations permanently”. Getting a refund is much harder if they default.

  • Carver

    @Noah

    Buying at the last possible moment?

    ———————————————————-

    Really? Depending on your destination, purchasing early is critical. Try purchasing a last minute flight to the Caribbean around Christmas, or anywhere for the day before Thanksgiving and see how good that strategy works.

  • Renee

    @ Bill~
    Your statement belies a selfish attitude that is, most unfortunately, shared by too many people.
    Airline employees don’t enjoy facing no pay, and the prospect of no employment. Strikes occur only after an extended negotiation period, many times a year or more, of negotiations. Then, after all that, the President can step in, and postpone a strike for another 30 days!
    How would you feel if your work days became longer, your duties more inclusive, your management received yearly bonuses, in addition to their pay, regularly exceeding six figures and your “reward” was a pay cut?
    The travel industry, for the most part, is losing money. Fares are down to entice more customer travel, charges for previously free features are surfacing to help re-coup some of the money charged for these lower fares, and passengers while paying the lower fares, have not lowered their expectations.
    Front line employees take the brunt of both passenger frustrations, and airlines cost cutting measures.
    All of these facts, mentioned here, are well-publicized. The next time you complain that strikes “cause too many problems”, please consider how much it takes to bring the possibility of an actual strike to fruition.

  • gatorcpa

    Noah – You’re not getting it!

    You said…
    “[T]he travelers who have tickets on flights that don’t go because of a strike should share the cost. If I avoid flying during a strike, why should I have to share the costs by paying for it when I fly on non-strike days?”

    What I meant is that it is management’s responsibility to know their cost structure when setting fares. The cost of a strike is a cost of doing business if forcing one is part of Spirit’s strategy to ultimately control labor costs.

    BTW, I’d like to know how you knew there was going to be a strike?

    I’m not taking one side or the other. I simply resent being put in the middle of labor and management’s game of chicken.

  • Robin

    My advice to all of the potentially stranded passengers is to start booking alternate travel options now.

    Spirit Airlines is notoriously horrific in providing service when they’re fully functioning. They have no customer service, no one to help you change a flight, no one to appeal to and no one refunds the money they promise to you.

    I can only imagine the nightmare that they will turn into in the event of a pilots strike.

    That said, I fully support the pilots and hope they strike for a long time (or at least long enough to put this miserable operation out of business). I can’t imagine how horribly Spirit treats their employees after witnessing personally how terribly they treat the people who pay for their “services.”

    I hope that Delta and the other legacy carriers use this strike as an opportunity to extend generosity to the Spirit customers and remind passengers that while all air travel is stressful and not ever close to enjoyable, everything is better than Spirit.

  • Scott

    @Renee: Hear, hear!

    @Bill: You are just a prime example of what is wrong with people. Probably some corporate ass-kisser. (I’m not as polite as Renee.)

  • Amanda

    Charles-
    I have heard they would be closing their doors as well.

    I know many people that have purchased non-refundable tickets through Spirit. In that case, if you cancel or there is a strike, you will recieve a voucher for future travel. And if they decide to close their doors and stop operations, (which I doubt, but still the concern is visible), there will be no chance to redeem a voucher. Ultimately, you’re S.O.L.
    I fly to Ft. Lauderdale Fri the 11th and return Tues the 15′th. I’m nervous abut being able to come home. Not sure what I’m going to do about it just yet.

  • FRUSTRATED

    I AM SOOO FLUSTERED RIGHT NOW I PURCHASED 11 TICKETS FROM SPIRIT IN FEBURARY FOR OUR TRIP THATS COMING UP AND I’M JUST NOW READING ON USATODAY.COM, LITERALLY TODAY MINUTES AGO THAT SPIRIT IS OR MAY BE GOING ON STRIKE. WE HAVE PAID FOR TRANFERS, CRUISE, SEAT ASSIGNMENTS. AND I UNDERSTAND THAT THEY ARE PLANNING ON CONTINUEING AS SCHEDULED FOR SOME REASON IF THEY DON’T HAVE PILOTS HOW ARE THEY GONNA FLY US. I HAVE NOT HEARD FROM SPIRIT. IM REALLY UPSET. IF WE CANT FLY WE HAVE LOST THOUSANDS OF DOLLARS, AND THAT AINT COOL. SPIRIT SHOULD HAVE TO PAY FOR EVERYTHING IF WE CANT FLY OUT ON TIME. I HIRED THEM TO DO A JOB AND TO GET ME THERE AT A CERTAIN TIME. WITH THE TYPE OF BUSINESS THEY ARE IN THEY SHOULD BE PREPARED TO GO OVER BOARD TO ACCOMMODATE OUR GROUP. OR AT LEAST GIVE ME A CALL TO LET ME KNOW THAT I SHOULD HIRE ANOTHER CARRIER. BOY I TELL YOU THE TRUTH.

  • FRUSTED

    TO ANYONE FLYING OUT DURIBG THIS STRIKE TIME LET US KNOW WHAT HAPPENED WOULD LOVE TO KNOW IM GOING TO CALL THEM

  • Dan

    “I AM SOOO FLUSTERED RIGHT NOW I PURCHASED 11 TICKETS FROM SPIRIT IN FEBURARY FOR OUR TRIP THATS COMING UP AND I’M JUST NOW READING ON USATODAY.COM, LITERALLY TODAY MINUTES AGO THAT SPIRIT IS OR MAY BE GOING ON STRIKE. WE HAVE PAID FOR TRANFERS, CRUISE, SEAT ASSIGNMENTS. AND I UNDERSTAND THAT THEY ARE PLANNING ON CONTINUEING AS SCHEDULED FOR SOME REASON IF THEY DON’T HAVE PILOTS HOW ARE THEY GONNA FLY US. I HAVE NOT HEARD FROM SPIRIT. IM REALLY UPSET. IF WE CANT FLY WE HAVE LOST THOUSANDS OF DOLLARS, AND THAT AINT COOL. SPIRIT SHOULD HAVE TO PAY FOR EVERYTHING IF WE CANT FLY OUT ON TIME. I HIRED THEM TO DO A JOB AND TO GET ME THERE AT A CERTAIN TIME. WITH THE TYPE OF BUSINESS THEY ARE IN THEY SHOULD BE PREPARED TO GO OVER BOARD TO ACCOMMODATE OUR GROUP. OR AT LEAST GIVE ME A CALL TO LET ME KNOW THAT I SHOULD HIRE ANOTHER CARRIER. BOY I TELL YOU THE TRUTH.”

    –Stop acting like a child. My inner voice is almost has no voice after reading your posts in all caps. If it’s on the mainland, the flight that is, and you’re extremely concerned, then why not just drive? The cost of 2, even 3 cars gas, is minimal in comparison with the cost of 11 tickets. My family, besides me, is flying out of Philadelphia to the USVI and now can’t because of this. Luckily we have a timeshare so we can adjust the vacation, but still this screws up all plans that we had.

  • Carver

    @Dan

    Agreed that Flustered comes across quite whiny, but the point is valid. Without knowing the logistics of flusters trip, we cannot give good advice. Suppose Fluster is a school teacher and its a class trip with non-drivers? Or suppose its from one coast to another with limited time. Too many possibilities to assume that driving is an option.