drew870mitchell

Hope this is the right forum - this occurrence is specific, but the possibility is probably general to all EAS, which is foreign territory compared to other scheduled airlines, so maybe any advice here can be useful in other situations.

All of the situation below is relayed to me through a friend of a friend. I can make no guarantee to its accuracy, but I'm including specific names in case it matters.

Passenger is flying SeaPort Airlines EAS service from IAH Houston to ELD El Dorado, Arkansas, roundtrip, today and tomorrow. When she was dropped off at the IAH SeaPort desk the person working there allegedly told her "you're the only passenger that bought a ticket for this trip so we may not run it."

Intermediary friend, who I'm not sure was with her or was coaching over telephone, adds that SeaPort allegedly refused to give food vouchers, arrange alternative transportation to El Dorado, or even give passenger a printed boarding pass so she could clear security. Supposedly now the status per them is "delayed to 1pm."

Intermediary who knows the details better is calling the airline corporate office and Orbitz (who booked the ticket). Do any FT veterans know what she needs to do or what she can expect?

My fear is that the answer may just be "she'll get a refund" - I know she is making the trip for a doctor visit so that will suck.

That's all the details I have. No direct contact with the passenger so I'm not sure if/when there will be an update, but I see the flight isn't active yet on FlightAware.

edit: Before anyone jumps on me, no, I would never actually expect food vouchers in this situation, just relaying the information I was given.

Often1

1. This is fourth hand. Not just a friend told you, but a friend of a friend told you. Take it all with a grain of salt unless you have every detail nailed down. It's a game of telephone.

2. If everything you report turns out to be the truth, you have a reverse IDB. IDB only applies when it is accomplished due to an oversale. That is exactly what did not occur here. In addition, there is no compensation for aircraft <30 passengers.

3. The flight hasn't been cancelled, it has been delayed.

4. If it is cancelled and what the friend says the friend says was really said, word for word, I would file a DOT complaint regarding the scheduled service and I would leave out the entire IDB issue.

As to the other stuff, you are correct. The fourth hand friend is due a refund if that is what she wants. No compensation.

finlandokie

UPDATE: I am the aforementioned intermediary. Passenger has received her boarding pass and cleared security. Now there are 2 additional passengers (perhaps for connection at ELD to HOT), but departure is still uncertain.

Big thanks to drew870mitchell for getting the ball rolling on this thread!

84fiero

If the flight ends up canceled the passenger would be due a refund but that's it, as Often1 noted.

SeaPort's CoC is available online from their website - download the CoC and see what their terms are for flight cancelations, as that is the contract between the airline and the passenger.

http://www.seaportair.com/policies.php

Not that this is an IDB, but the Essential Air Service (EAS) program has no bearing, in and of itself, on IDB rules. Many EAS flights happen to have, for example, aircraft with fewer than 30 seats which is an exception to IDB rule applicability.
https://www.law.cornell.edu/cfr/text/14/250.2

finlandokie

UPDATE: After 5 hours of delay, they cancelled the flight. The only options offered to the passengers are hotel voucher and passage tomorrow (if tomorrow's flight actually happens) or a refund. The disturbing part is they are blaming "weather." Clear and calm in both IAH and ELD today. Correct me if I'm mistaken, but wouldn't they only offer hotel vouchers if it is the airline's fault? Not that either scenario help passenger get to her physician's appointment. Next time we know, driving>EAS if actually reaching your destination is the goal.

84fiero

The airline doesn't have to offer a hotel, etc. for weather but of course they may do so if they wish.

You keep referring to EAS as though it were a distinct type of flight operation - it isn't. EAS is just a funding mechanism. Though often routes that rely on EAS funding tend to be serviced with smaller aircraft - regional jets or turboprops. Those aircraft, all other things being equal, can be more prone to delays and cancelations due to certain factors. And with some operators such as SeaPort there may not be a very robust set of backup options when something goes awry.

Sounds like driving may be a better option for this person for this particular route. Of course no mode of transport is guaranteed to be without problems.

sethb

DOT does not approve of that policy.

wrp96

If they'd started driving when they first tried to check in, they'd almost be there. But it can be a long drive, with most of the last part on two lane roads.

Sorry about the issues with the flights to the OP's friend. But part of me is going "There's a doctor in Eldorado that's better than anyone you can see in Houston? Wow!" (Note I have family from the area and they all drive to Shreveport or Little Rock for anything but seeing a family doctor).

MaxBuck

Seems like flying to Monroe LA would offer a lot more options, and would get the passenger to within an hour of El Dorado.

I used to do a bit of work in El Dorado (1980s) and recall that we flew into Monroe.

Ocn Vw 1K

As is clear from those members involved in this actual situation, the passenger's reason for not boarding the flight was solely because it was cancelled and not because it was oversold.

For accuracy, I'll edit the thread title to reflect that this is a cancellation; not a denied boarding due to an oversale.

See this discussion from the US Department of Transportation, Consumer Guide to Air Travel: "...Contrary to popular belief, airlines are not required to compensate passengers whose flights are delayed or canceled. As discussed in the chapter on overbooking, compensation is required by law only when you are "bumped" from a flight that is oversold."
http://airconsumer.ost.dot.gov/publi...ts.htm#delayed

Ocn Vw 1K, Moderator.

pinniped

Interesting: as strange as it sounds, since the two cities themselves are not small, the only semi-logical way to fly between MCI and MEM is on SeaPort airlines via a rural airport in central Missouri. (I say "semi" logical because, if the flights operated perfectly, it would probably beat my door-to-door drive time by about an hour.)

Other airlines will offer it via farther-flung hubs, of course, and none even attempt to price it competitively.

When I mentioned Seaport to a friend, he immediately said "Beware - they don't fly unless they've sold enough tickets."

So I'm driving. Not sure what I would have done on that IAH-Arkansas route. I might've gambled on the EAS flight, but then jumped at the refund and gotten in the car the minute I heard the agent say they were on indefinite delay. Especially since it was apparently that weather was actually not the issue at all: they needed more passengers to run the flight.

udontknowme

This definitely requires a report and complaint to the DOT. Under their EAS contract, SeaPort is required to provide 12 flights per week between ELD and IAH (unless SeaPort reverts to using DAL). They are not paid their subsidy for flights they don't run unless cancelled under very specific circumstances, of which weather is the only common one. Mechanical failure, crew issues, etc. aren't excuses.

Hence the "weather" excuse when they had already said they did not intend to fly with the light load. If there is such a pattern of behavior, it is breach of contract, and fraud if they report such a flight as accomplished and accept their subsidy payment. DOT investigation can be initiated directly thru DOT, or call your Congresscritter.

Often1

Forget about EAS. It is not relevant and nobody is going to do anything about that. Last person to call is the Congressman who got the subsidy for "his" airport.

This is a plain old unfair & deceptive practice under DOT's Title 49 authority. They decided not to operate the flight because it had a low load. It is possible that there was WX later but that later should not have occurred.

There is a webform on the DOT site. While this will not yield anything for the passenger, DOT will require the carrier to respond to the allegation that its employee told a passenger of a low load cancellation. If it happened this once, it has happened before and if a few people complain here and there, DOT might do something about it. For large carriers, DOT fines are petty nuisances. For small ones, it's a cash hit.

udontknowme

Often1 misunderstands. Why would the aggrieved passenger call the Honorable Bruce Westernman (the El Dorado congressman) when her Congressperson from Texas is the one to look out for her interests?

While filling out the DOT webform might lead to action, a Congressional inquiry to DOT will definitely lead to some. Given that SeaPort is not currently meeting their emplanement commitments; that SeaPort has a profitable business, especially in Alaska, to protect and that there has always been competition to provide the EAS service to ELD, an inquiry from DOT, stimulated by the aggrieved passenger's Congressperson, may well result in improved service.

It won't retroactively solve the recent problem or result in compensation but Seaport needs some tweaking or things won't improve.

pinniped

I'm just giggling at the idea of writing Congresscritters about canceled flights. That's not going to "stimulate" anyone, unless you happen to be the billionaire who has already stimulated their reelection campaign funds.