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Old Sep 14, 2003 | 4:28 pm
  #9  
smarten
 
Join Date: Mar 2003
Location: SJC
Posts: 132
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by cfessler:
I still haven't received any official correspondence from the airline regarding this dramatic change in schedule. (I found out by accident when I tried to check seat assignments on-line and was told to call the airline.)...I feel like we're stuck between a rock and a hard place.</font>
Whenever an airline makes a schedule change it is required to notify ticketed passengers of the change and obtain their consent to that change. If you don't agree, you are entitled to a full refund even if your ticket is nonrefundable.

Two "tricks" airlines have attempted to use on me in the past when schedule changes have taken place are to call and advise me of the change [as opposed to securing my consent], and where the ticket is issued by an agency to pull the same stunt with the agency later asserting it was the obligation of the agency to secure the necessary consent.

If indeed you have not been formally notified I recommend you play dumb and wait until the eve of departure to lodge your complaint. In the meantime:

1. Secure a copy of Alaska's carriage contract to find out the terms of your contract which address this scenario [Although I cannot find the contract on Alaska's web site, a copy is supposed to be available simply for the asking at any airport or city ticket office].

2. Investigate other options and if you find one or more, only then play your "notification and consent" card. You can always find another carrier who services the route demanding Alaska either place you on that carrier at its expense or you can do so then suing Alaska [see below] for the difference in fares.

3. Notify the Department of Transportation to find out what remedies you may have through their offices [but don't do so until the eve of travel otherwise this will act as evidence you actually knew of the schedule change far in advance].

4. If you play dumb and wait, on the eve of departure there will not be any other options available and the airline will have to offer you "something." If they don't they're in breach of contract for not notifying you of the change [something you can point to with specificity after you have secured Alaska's carriage contract].

If you are unable to secure satisfaction, technically Alaska cannot compel you to pay anything for its breach of contract. So I would dispute the charge asserting your consent was secured by fraud [Alaska's failure to adhere to its own carriage contract]. If successful, Alaska will be relegated to its legal rights and the law of contracts clearly states a party to a contract who itself is in breach loses the standing to maintain an action to recover for the other's alleged breach.

If this doesn't work, sue Alaska in small claims court. Alaska will likely respond your complaint is superseded by federal law and thus barred by the Airline Deregulation Act [another common technique]. However it is not because the ADA says nothing more than you as a passenger cannot sue for damages caused by the airline's choice of routes or pricing. Your suit would be based upon Alaska's breach of contract; something not affected by the ADA.

Good luck and let us know what happens!

smarten is offline