Below, from bottom to top, are: 1) complaint letter; 2) JetBlue's non-response; and 3) reply to JetBlue asking for responsive review of complaint. JetBlue's Contract of Carriage. In essence, JetBlue is breaching their contract and committing fraud by advertising customer satisfaction but ignoring their policy as set forth in their Bill of Rights. Please advise of next steps if this is of interest to you. Thanks.
"Dear Jean: Before replying again, please take the time to actually read our submitted complaint and re-review JetBlue's own Bill of Rights. Afterwards, kindly reply how the delay of Flight 647 on June 8, 2008 does not entirely meet JetBlue's definition of "Onboard Ground Delay." I will reiterate, weather, traffic control, or any other cause has absolutely nothing to do with Onboard Ground Delays and issuance of vouchers. Again, weather has absolutely no relevance whatsoever. As for your insistence that JetBlue is doing us favors, no this is exactly the opposite. JetBlue is trying to make excuses to cover up for its own failure to take accountability for what should have been an innocuous situation. As we wrote, your actions have been utterly deplorable.
"Again, kindly read our letter again, review your own Bill of Rights, and then respond, identifying the basis upon which you objectively have determined that this delay is not an Onboard Ground Delay. Also, be assured that we are taking this matter seriously and are reporting this entire situation to FAA and consumer groups. JetBlue should be absolutely ashamed at how little customer relations apparently means. For shame! Regrettfully a JetBlue passenger, Hans
From Jet Blue: "Dear Mr. L., Thank you for your email to JetBlue. We regret the circumstances which have prompted your message
and appreciate the opportunity to respond to your comments and concerns regarding your recent flight. We regret to hear that flight #647 was delayed extensively on June 8, 2008. We realize that this was an uncomfortable and frustrating experience for you. At JetBlue we recognize the negative impact delays and cancellations have on our valued customers? important lives and plans and we make every effort to avoid them whenever possible. However, once in a while a weather, or Air Traffic Control issue, makes a delay necessary to ensure the safest possible operation. We hope you will accept our sincere apologies for the inconveniences you were caused on this occasion.
"Our System's Operations Team has carefully reviewed the details of flight #647 and has determined that the delay of your flight was not controllable. However, each customer has been issued an electronic JetBlue voucher in the amount paid for the oneway fare. These vouchers were issued as a goodwill gesture because of the length of time our customers were inconvenienced. The actual delay falls under? Uncontrollable Irregularities? due to a weather event. Therefore, we must respectfully deny your request for any further compensation.
"We realize that this is not the solution you were hoping for and we apologize for any disappointment. We do appreciate you taking the time to send us your feedback as it allows us the opportunity to review our service to ensure that our customers receive the appropriate compensation when flight delays occur. We truly value you as a JetBlue customer and hope you will choose to fly with us in the future. We
would appreciate the opportunity to provide a new and positive experience. Sincerely, Jean, Customer Commitment Crew JetBlue Airways
Crewmember 18984"
"Dear JetBlue: We are contesting your arbitrary decision to issue credit in the amount of a one-way fare instead of the roundtrip fare due to the Onboard Ground Delay of Flight 647 at JFK on June 8, 2008. Your decision blatantly, negligently and inexcusably disregards the JetBlue's Customer Bill of Rights which, in clear terms, provides for issuance of a voucher in the amount of the roundtrip fare in the event of an Onboard Ground Delay of more than four hours. We demand and expect that you will immediately correct your error without further excuse or delay. Facts Surrounding the Onboard Ground Delay / Cancellation of Flight 647.
"The following is a sequence of all relevant events surrounding the Onboard Ground Delay and cancellation of Flight 647 from JFK to SFO on June 8, 2008: 1. We checked in and boarded JetBlue Flight 647. 2. Flight 647 pushed back from Gate 7 at approximately the scheduled departure time of 5:55 PM. 3. Within minutes, Flight 647 came to a stop on the tarmac and the captain announced that there was
a queue for arriving and departing flights in and out of JFK as a result of approaching storms. 4. After more than an hour, the captain announced that all arriving and departing flights to JFK were halted due to lightning. 5. The captain announced that because Flight 647 was running low on fuel, they were considering alternative flight routes in lieu of returning to the Gate to refuel in order to preserve the
current place in queue. 6. The captain announced the decision to redirect Flight 647 to Salt Lake City to refuel and then continue to SFO. 7. After approximately five hours, the captain announced that Flight 647 had run too low on fuel while waiting on the tarmac and had to return to the Gate to refuel. 8. At approximately midnight and around six hours after pushing back from Gate 7, Flight 647 left
the tarmac and returned to the Gate.
"9. Minutes later, the captain announced that pursuant to instructions from an airport agent, Flight 647 was cancelled because continuation of the flight would cause the crew to remain in the cabin longer than federal regulations permitted. 10. Flight 647 was the only flight departing from JFK on June 8, 2008 to be cancelled. 11. After deboarding Flight 647, JetBlue representatives 1) informed us that because the delay and cancellation of Flight 647 was due to weather, JetBlue was not responsible and hence would not provide any compensation or assistance for overnight accommodations, and 2) rescheduled us for a Monday morning flight to Oakland.
The facts here fully satisfy each element. Flight 647 boarded and pushed back from Gate 7 at approximately the scheduled departure time of 5:55 PM. The flight then remained on the tarmac and never left the ground during the entire ensuing delay. This delay lasted approximately six hours after the scheduled departure time whereupon the flight was cancelled. Moreover, contrary to what JetBlue representatives interject without any contractual basis, the cause of the delay is wholly irrelevant. JetBlue representatives have asserted that because the weather and not JetBlue's actions caused the delay, we are not entitled to compensation in the amount of a roundtrip fare. One representative even suggested that JetBlue is doing us a favor by offering a one-way fare voucher. This assertion is contrived and adds insult to injury. Section 37(F) explicitly states that a delay that meets each element set forth above qualifies as a Ground Delay regardless of cause. Hence, the cause of delay has no bearing on determining the appropriate amount of compensation.
Accordingly, the JetBlue Contract indisputably obligates JetBlue to issue us a voucher in the amount of the roundtrip fare that we paid, not the one-way fare that has been given. JetBlue Cannot Assert Departure Delay as the Basis for Issuing Only a One-Way Fare Voucher Because the Delay of Flight 647 Delay Does Not Constitute a Departure Delay. During phone conversations with JetBlue customer service, the representative informed us that because JetBlue considered the delay of Flight 647 to be a Departure Delay, we are entitled to a voucher equivalent only to the one-way fare. This determination is incorrect under the terms of the JetBlue Contract. Section 37(D)(3) provides that: In the case of a Departure Delay, as defined in Section 1, that is caused by a Controllable Irregularity, as defined in Section 1, Customers will receive the following compensation....
Again applying the "Four Corners" rule, the delay of Flight 647 does not meet the criteria for a Departure Delay. First, this delay is not caused by a Controllable Irregularity. As pointed out by the JetBlue representative and consistent with the facts, weather was the original cause for the delay and eventual cancellation of Flight 647. Because weather is a force majeure event, section 37(D)(3) does not apply. Second, Departure Delay only pertains to the timeframe prior to push back from the Gate. The approximately six hour delay of Flight 647 occurred in its entirety after pushing back from the Gate. Therefore, because the delay of Flight 647 cannot qualify as a Departure Delay, there is absolutely no basis to assert section 37(D)(3) as justification for issuing compensation in the amount of a one-way fare instead of the full roundtrip fare.
Conclusion: The JetBlue Contract unquestionably categorizes the delay of Flight 647 as an Onboard Ground Delay of more than four hours. By failing to honor the explicit terms of the JetBlue Contract, it is apparent that JetBlue has chosen to arbitrarily concoct a flawed interpretation to justify issuance of a voucher in the amount of a one-way fare. We can only presume this decision is based on financial considerations at the expense of customer satisfaction. Such an act is deplorable,particularly given that JetBlue adopted the JetBlue Contract in response to public uproar and customer dissatisfaction.
Accordingly, we demand and expect that JetBlue will take responsibility, apologize for this underhandedness, and honor its obligation, thereby immediately issuing to each of us a voucher in the corrected amount of the roundtrip fare that we paid.