When is a door not a door? When it's ajar!
When is a window not a window? According to class action lawsuits filed against a pair of airlines, it's the blank wall you get despite your ticket stating that you paid for a window seat. Claiming that the airlines were well aware of charging extra for a "premium" seat that doesn't contain the promised window, the suits accuse United and Delta Airlines of deceptive practices and breach of contract.
Both suits allege that the airlines knowingly bilked millions of customers who paid extra for window seats but sat next to a blank wall instead. The potential financial repercussions for Delta and United could be significant.
It's a Miracle (With a Small Bag of Pretzels)
Air travel is a marvel that has become so commonplace that perhaps we're a wee bit guilty of taking it for granted. For example, a few hundred dollars will allow you to hop on a plane in New York and emerge in San Diego, 2800 miles away, in a matter of hours. A replacement for days or weeks spent in cars or boats, it makes the world feel smaller and more accessible.
In addition to being one of the safest methods of travel available, riding in a plane can offer something that would have been almost unimaginable a hundred and fifty years ago — a view of the planet from 30,000 feet above it. Most of us can remember the wonder with which we took our first look out of a plane's window, far up in the sky. Which, admittedly, would have been much more difficult if the window that was supposed to be there were a solid wall instead.
Air travel isn't all great views and rapid transit. Airlines are corporations and do their best to wring every possible dollar out of the hundreds of passengers crammed into the available space of their planes. First class seats may offer a level of comfort that isn't exhausted by the end of the flight, but that's for the few who can afford it or lucked their way into an upgrade.
The majority of travelers find themselves in coach, elbow-to-elbow with others in seats not designed for those of above-average height or weight (or sometimes even average height and weight). Savvy passengers learn which seats, such as emergency row or bulkhead, offer a little more comfort. They also become aware that the extra relief comes with a price tag.
Flying Blind
When choosing a seat to purchase on a commercial aircraft flight, passengers are offered the option of a spot on the aisle, in the middle, or at a window. As claimed in the lawsuits, airlines like Delta and United charge extra for the right to sit next to a window. Rates vary due to other factors, but an upgrade to a window seat can range from $30 to over $100, which is added to the cost of the ticket.
If a passenger pays the extra fee for a window seat, it's not unreasonable for them to expect it to have a window. Due to the construction of several types of planes used by United and Delta, some seats along the outside of the cabin compartment have air conditioning ducts in the wall, making the placement of a window impossible in that location.
Perhaps making it even more difficult for United and Delta to mount a feasible defense is that some other airlines either don't charge window fees for the windowless seats or make it clear to the passenger that there's no window available for a particular seat. These airlines use the same Boeing 737 planes that United and Delta do.
The lawsuits allege that United and Delta, both of which have long been aware of their customers' dissatisfaction with windowless window seats, are guilty of transgressions that include breach of contract, unfair competition, and breach of self-imposed undertaking. In addition to demanding that the airlines stop charging window surcharges for seats lacking a window, the class actions seek damages for those who didn't get what they paid for — a seat with a view.
Related Resources
- How To File a Class Action Suit (FindLaw's Litigation and Appeals)
- Can I Sue an Airline? (FindLaw's Filing a Lawsuit)
- Fraudulent Misrepresentation (FindLaw's Business Laws and Regulations)
