Editorial: Want to end air travel chaos? Enforce passenger rights

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Chaos reigned at the nation’s airports over the holidays. Lost luggage piled up unclaimed. Police were called to help calm passengers who were demanding answers. The grandkids didn’t make it in time for Christmas dinner.

Brutal winter weather, old technology and Southwest Airlines’ idiosyncratic way of doing business fueled a meltdown that left 60% of the carrier’s flights nationwide canceled during a peak travel period filled with less experienced fliers.

The travails are an alarming reminder of the need to strengthen the rights of passengers and hold airlines accountable. Otherwise, this will not be the last holiday season ruined by corporate irresponsibility and lax federal oversight.

Between Dec. 23 and Dec. 27, Southwest Airlines canceled nearly 10,000 flights across the country. On Dec. 28, almost all Southwest flights heading in and out of Philadelphia International Airport were canceled. By the time the airline mostly restored order over the weekend, more than 1 million passengers were likely affected by the debacle.

But it’s not only Southwest that has struggled with delays. By midyear, 2022 had already eclipsed 2021’s level of travel woes, with a record-high number of flight cancellations. Industry analysts put much of the blame on the airlines themselves. Airlines, in turn, blame the lingering effects of the pandemic on their ability to fill jobs, but the pandemic isn’t to blame for their newfound habit of scheduling flights without first securing adequate staffing.

In June, the American Airlines pilots’ union complained that airlines were trying to make money selling tickets for flights they had no crew for, with the shortage leading to training lapses and overworked pilots. Airlines are also responsible for their decision to lay off hundreds of thousands of experienced employees at the start of the pandemic, despite receiving billions of dollars in taxpayer money meant to bail out their operations.

There is a penalty for leaving passengers stranded and scrambling, but while customers are entitled to a full refund in the case of flight cancellations or significant schedule changes, airlines increasingly seek to avoid paying. The U.S. Department of Transportation has created an app to remind passengers of their rights, but that hasn’t stopped airlines from talking disappointed travelers into accepting vouchers or holding refund money hostage for months.

Defenders of the airlines say that air travel has never been cheaper or safer. Cost-cutting measures and limited customer service are what come with the territory of moving people thousands of miles in a few hours at an affordable cost.

While it is certainly true that air travel is less exclusive than it was in its early days, it still has not become a mass-market product. Just 12% of Americans take two-thirds of all flights. While these experienced travelers have the mileage accounts and experience to navigate the complexities of modern air travel, the status quo leaves occasional travelers, the intended beneficiaries of lower fares, exposed.

It’s time to offer all travelers some shelter. Airlines cannot be allowed to operate with impunity as they trample over passengers. The DOT should crack down or federal lawmakers must allow others to act.

In August, the National Association of Attorneys General sent a letter to congressional leaders urging them to pass legislation that would authorize states to enforce consumer protection laws governing the airline industry. The bipartisan letter — signed by 38 state attorneys general, including Pennsylvania’s Josh Shapiro — made clear that the DOT’s failure to effectively respond to consumer complaints spanned Democratic and Republican administrations.

In November, Transportation Secretary Pete Buttigieg announced that six airlines had been fined more than $7 million for not delivering timely refunds to consumers. A good first step, but the fact that those fines left out the major airlines, which control nearly two-thirds of the U.S. market, beggars belief.

At a minimum, the federal government should require airports to display travelers’ rights. Limited as those may be, airlines will have a much harder time getting passengers to accept less if their customers know the law. Airlines should also be prevented from scheduling flights for which they cannot guarantee staffing.

The lack of modern high-speed rail systems and the long-term decline of intercity bus services have left passengers dependent on airlines, while industry consolidation has left the major carriers too big to fail.

Enforcing regulations to ensure passengers get to where they need to be can help prevent another holiday travel fiasco.