Monday, March 21, 2011

Spirit Airlines strike update: Bad news … and more bad news

Spirit Airlines strike update
When it comes to Spirit Airlines’ strike, there’s bad news — and more bad news. First, the bad news: All of the airline’s flight are canceled through Wednesday as the company tries to hammer out an agreement with its pilots union.

And the other bad news? Despite suggestions that it might refund your money if your flight’s canceled, the airline apparently wants to keep all of it. Even if you don’t fly.

In a new release this morning, the company promised grounded passengers either a refund or “future flight credits for customers for the full amount of their unflown flight purchase” plus $100 in future flight credits.

So far, I’m hearing that it’s just offering credit.

Spirit is absolutely allowed to do that. 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, as I mentioned in a previous post, Spirit has no obligation to do anything for you. Period.

(Section 9.2, which addresses involuntary refunds, suggests the airline may owe passengers a refund for canceling the flight, but Spirit seems to be arguing that the rule doesn’t apply during a strike.)

While Spirit’s decision is completely legal, it is morally wrong. If I order a meal at a restaurant, and the kitchen staff goes on strike, I don’t have to pay for the food I never was served. Why should this be any different?

Given all that, reader Sam Wyrick wants to know what his options are. His weekend flight from New York to Myrtle Beach, S.C., was canceled at the last minute, and he had to buy a new ticket on US Airways. Total cost: $1,220.

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