[blindlaw] Southwest Airlines and Customers of Size

[Peter Donahue]

Hello everyone,

    Convention is rapidly approaching and many of us are making airline 
reservations. For many of us this isn't any real concern. However large 
customers, or what airlines like South call "Customers of Size" have been 
subject to policies that can limit their airline choice and can add 
additional expense and frustration to their flying experience. I know about 
this first-hand as it happened to me last year when we flew to Detroit. I 
know that many of you heard bits and pieces of that story. Southwest's 
Customers of Size appears below along with their policy concerning the 
carriage of service animals.

    While the concerns of large passengers aren't a major issue of the NFB 
when two policies conflict I believe there is cause for alarm and a need to 
investigate. I travel with a guide dog. Southwest's policy says that guide 
dogs may occupy the space at the passenger's seat and that of the seat next 
to the passenger. This language leads a service animal user of any size to 
believe that every effort will be made to block off the seat next to the 
passenger giving the service animal more room so why charge them for that 
seat. We may be looking at a possible ACAA violation if the airline chooses 
to do this as a courtesy to guide dog and other service animal users.

    Note also that the language in the Customer of Size Policy is the same 
old dribble we've heard from airlines before about safety and such. 
Southwest gives large customers a refund of the unused seat but chasing down 
that refund is a royal pain. Ask someone who went through that experience. I 
don't care what they say. If other entities see it fit to have seating 
available for large persons airlines should be expected to do the same. This 
would also benefit guide dog users giving them extra room for their dog 
without compromising the floorspace of an adjacent passenger.

    Anyone coming to Dallas for the convention and who is large is advised 
to choose Delta or another airline with friendlier large customer policies. 
We flew on Delta last fall and didn't have any problems due to my large 
size. Because $1000.00 of professional recording equipment was damaged by 
Southwest last year "What a reward for sitting down and shutting up" to 
quote Dr. Maurer we're having to take extraordinary measures. In addition to 
purchasing travel insurance we'll be chartering a plane to Dallas and back 
to avoid mishandling of the recording equipment by baggage personnel, issues 
related to size, and the many other benefits private air charter has over 
scheduled flights. Here are the two policies:


Southwest Airlines Customers of Size Policy

>From the Web Site:
http://www.southwest.com/travel_center/cos_guidelines.html

Guidelines for Customers of 
Size--------------------------------------------------------------------------------

Customers who are unable to lower both armrests (the definitive boundary 
between seats) and/or who compromise any portion of adjacent seating should 
proactively
book the number of seats needed prior to travel. This purchase serves as a 
notification of a special seating need and allows us to process a refund of
the additional seating cost after travel (provided the flight doesn't 
oversell). Most importantly, it ensures that all onboard have access to safe 
and
comfortable seating.

For more information, please refer to our
Customer of size QA

Booking Instructions via southwest.com

list of 6 items
1. Click "Reservations."
2. Select your city pair(s) and travel date(s).
3. Select the number of seats needed ("two" is the typical choice for most 
Customers of size).
4. Proceed through the "Select Flight" and "Itinerary and Pricing" pages.
5. Complete the "Passenger Information" name fields: For
example
, a Passenger named Tom Smith would designate Passenger One as "Tom Smith," 
and Passenger Two as "Tom XS Smith" (first name XS and last name).
6. If a Customer purchases a Business Select or an Anytime fare, the second 
seat can be sold at the discounted Child's Fare. It is important to note 
that
the Child's fare is available via our Reservations Sales Center only. You 
will need to call 800 I-FLY-SWA to book/purchase the extra seat at the Child
Fare.
list end

Booking Instructions via our Reservations Center at 800 I-FLY-SWA 
(800-435-9792)

list of 3 items
1. Inform the Agent you are familiar with our Customer of size policy and 
wish to book two seats.
2. We will offer the lowest fare available and if an advance purchase, 
discounted fare is booked, the second seat will be sold at the same 
discounted fare.
3. If a Customer purchases one of our unrestricted full fares, the second 
seat will be sold at the Child's Fare.
list end

Checkin Instructions

list of 3 items
1. Customers can retrieve a
Security Document
1 online to pass through a security checkpoint if not checking baggage.
2. If baggage or wheelchair assistance is needed curbside, a skycap will 
escort the Customer to the ticket counter. The Customer of size checkin is 
handled
at the ticket counter or at the gate (and cannot be processed online or via 
E-Ticket Check-In kiosk).
3. At checkin, the Customer will receive a boarding pass,
Reserved Seat Document,
Refund Advice Slip
, and preboard directions.
list end

1On occasion, federally mandated procedures may prevent our ability to issue 
a Security Document online. Under these circumstances, please see a 
Southwest
Customer Service Agent at the airport for assistance.



Customer of Size 
QA--------------------------------------------------------------------------------

>From the Web Site:
http://www.southwest.com/travel_center/cos_qa.html
list of 23 items
. Is the policy unique or new to Southwest Airlines?
No, other carriers have similar policies, but to the best of our knowledge, 
no other carrier offers a refund after travel. We've followed this policy 
for
28 of our 37 years of operation, but only became more vigilant regarding the 
additional purchase when we began seeing an increase in the number of valid
complaints from passengers who traveled without full access to the seat 
purchased because a large Customer infringed upon the adjacent seating 
space.
. Why ask large Customers to purchase additional seating?
We could no longer ignore complaints from Customers who traveled without 
full access to the seat purchased due to encroachment by a large seatmate 
whose
body extended into the neighboring seat. These Customers had uncomfortable 
(and sometimes painful) travel experiences, and it is our responsibility to
seek resolution to prevent this problem.
. What is the cost of the additional seating?
If the Customer is holding an advance purchase, discounted fare, the second 
seat will be sold at the same discounted fare. If the Customer has purchased
one of our low, unrestricted full fares, the second seat will be sold at the 
Child's Fare.
. What is the definitive gauge for a Customer of size?
The armrest is the definitive gauge, as it serves as the boundary between 
seats. Customers who are unable to lower the armrests (the definitive 
boundary
between seats) and/or who compromise any portion of adjacent seating should 
proactively book the number of seats needed during initial reservations.
. How do I qualify for and request a refund of the additional seat purchase?
As long as the flight does not oversell (having more confirmed Customers 
waiting to board an aircraft than seats on the aircraft), we will refund the 
additional
seat purchase after travel. A
Refund Advice Slip
, a guide for conveniently requesting refunds (via telephone or letter), is 
provided to the Customer of size at checkin. And, if it appears a flight 
will
oversell, the option to purchase a second seat and travel on a less full 
flight is available.
. Are there other reasons to purchase additional seating?
Yes, Customers wishing to secure in an aircraft seat a musical item, a child 
restraint device for an infant, etc. must purchase an additional ticket. 
However,
these Customers have other "options" such as holding an infant under the age 
of two as a lap child or placing the instrument in an onboard stowage space
or in the cargo hold, and we are sensitive to fact that a large Customer has 
no option regarding seating space. For that reason, we offer a refund of the
additional seat purchased (by a Customer of size) as long as the flight does 
not oversell.
. Won't this be embarrassing to the large Customer and the Employee?
It's tough to speak privately in an airport setting, and because a 
discussion about size is sensitive, we've cautioned our Employees to use 
discretion.
Yes, it's difficult to deliver or receive a sensitive message, and to 
alleviate confusion, we encourage Customers with unique seating needs to 
proactively
purchase additional seating (again, this is to notify us of the unique 
need). We ask this to accommodate our Customers in comfort and avoid 
embarrassing
conversation. Ultimately, it is the Customer's responsibility to communicate 
with us upfront (at the time of booking) about his/her seating needs so that
we may best serve him/her and all others onboard.
. I am a large person and use a seatbelt extension, but I fit in one 
aircraft seat. Do I have to purchase two seats?
Our policy does not focus on weight, and the seatbelt extension is not the 
determining factor. We use the ability to lower the armrests as the gauge, 
as
the armrests are truly the definitive boundary between each seat.
. Are all overweight people subject to the policy?
Many Americans are "overweight" or "clinically obese." A number of 
overweight or obese people occupy only one seat. In fact, many Customers may 
use a seatbelt
extension but occupy only one seat, and these Customers would not be asked 
to reserve a second seat. If a Customer cannot lower the armrest (and is 
unable
to comfortably travel with it in the down position), he/she is required to 
pay for the additional seat occupied. Again, we will offer a refund if the 
flight
does not oversell.
. I'm large but can be seated with the armrests down. Aren't your Employees 
wrong to question me?
If a concern exists, we shouldn't ignore it even if it's difficult for both 
parties to discuss. Condoning an unsafe, cramped seating arrangement onboard
our aircraft is far more inappropriate than simply questioning a Customer's 
fit in our seats.
. Why not make your seats wider or add a few wide seats on your aircraft?
Our ongoing goal is to operate a low-fare, low cost airline, and the costs 
of reconfiguring our fleet would be staggering and would ultimately reflect
in the form of higher fares for our Customers. Purchasing two seats on 
Southwest Airlines is significantly less expensive than purchasing one first 
class
seat on another airline.
. If a flight is "open," why are you charging for an additional seat?
A Customer of size has no way of knowing at the time of booking if his/her 
flights will be full. The inconsistency of charging for the extra seat on 
one
occasion and not others leaves the Customer not knowing what to expect and 
not having a full understanding of our policy. Thus, we require the 
additional
purchase despite booking levels.
. Why can't two large Customers share their second seat?
Open seating cannot guarantee that there will be an entire row open for two 
Customers to sit together and share the middle seat on each leg of the trip.
. Why can't a large Customer sit with a family member who doesn't mind being 
encroached upon or a small child/person who doesn't take a full seat?
Open seating cannot guarantee that two people will be able to sit together. 
In addition, we must treat the smaller person (despite willingness or 
personal
relationship) as a valued Customer who deserves the use of a full seat. Most 
importantly, we have to consider the safety aspect of the family member 
whose
movement (especially in the event of an emergency) could be compromised if 
encroached on by a large seatmate.
. Isn't this policy just another way to increase your revenue?
No, we are not "making money" from this policy. In addition to giving the 
Customer a refund for the second seat, we are absorbing the administrative 
costs
(staffing and processing) of issuing the refund. 98 percent of extra seat 
purchases qualify for a refund, as a refund request is declined only in the 
event
of an oversale that causes us to deny transportation to a confirmed Customer 
(to whom we must issue denied boarding compensation).
. If a Customer has broad shoulders, will he/she have to buy a second seat?
Again, if a Customer cannot lower the armrests, the additional purchase is 
necessary. Simply having broad shoulders would not necessarily prevent 
another
Customer from occupying adjoining seat. The upper body can be adjusted, but 
the portion of the body in the actual seating and armrest area doesn't have
this flexibility.
. Why isn't this information on your tickets, referenced on the 
booking/reservations pages of your web site, or questioned by your 
Reservations Employees?
We estimate that the Customer of size policy affects far less than half a 
percent of our Customers, and ultimately, it is the responsibility of a 
Customer
with a unique and unusual need to communicate with us upfront so that we may 
best serve him/her and all others onboard. We won't know of an unusual need
unless the Customer tells us.
. Doesn't your policy violate the Americans with Disabilities Act or the Air 
Carrier Access Act?
Interstate airline travel is specifically excluded from Title II of the 
Americans with Disabilities Act (ADA) by Section 12141(2). Airline travel is 
instead
covered by the Air Carrier Access Act, 49 U.S.C. 1374(c) and the regulations 
implementing the Act issued by the Department of Transportation as 14 CFR
Part 382, et seq. The Air Carrier Access Act (ACAA) preceded the ADA, and 
Congress excluded air carriers and other air transportation services from 
the
scope of ADA. As regulated under 14 CFR §382.38 Seating accommodations (i) 
"Carriers are not required to furnish more than one seat per ticket or to 
provide
a seat in a class of service other than the one the passenger has 
purchased."
. Can I be preapproved as needing only one seat?
Because size can fluctuate, we are unable to give blanket authorization.
. How will you ensure no one takes the seat beside me if I've purchased a 
second seat?
The Customer who has purchased two seats must be an active participant in 
preserving his/her additional seat. We encourage Customers of size to 
preboard
to locate adequate seating, placing the
Reserved Seat Document
 in the adjacent seat. Our Ground Operations and Inflight Employees 
communicate about special needs Customers, and if a Customer of size needs 
seating assistance,
he/she should ask an Employee for help.
. I'm pregnant, will I have to purchase two seats?
A woman who is pregnant does not occupy two seats if she can lower the 
armrests.
. Can I check in using an E-Ticket Check-In kiosk or online checkin?
Because a Customer of size has special seating needs; is encouraged to 
preboard; and needs specific boarding/seating documents, these Customers are 
required
to check in with a Customer Service Agent at the ticket counter or at the 
gate. A Skycap can assist a Customer of size with baggage and provide an 
escort
to the ticket counter, and a Customer of size wishing to bypass the ticket 
counter may simply print a Security Document online for access through the 
security
checkpoint. At checkin, a Customer of size will receive a boarding pass, 
Reserved Seat Document, Refund Advice Slip, and preboarding direction.
. Isn't this policy discriminatory toward large Customers?
Southwest Airlines does not condone discrimination in any form. We have 
Employees and Customers of all races, ethnicity, religions, shapes, and 
sizes.
Our Mission and our responsibility per our Contract of Carriage is to 
provide safe and comfortable air transportation for each and every Customer. 
This
policy has been upheld in court and is supported by the Department of 
Transportation's stance that the purchase of a single ticket offers the use 
of a
single seat.
list end

Southwest Airlines Policy on Carriage of Assistance Animals
Assistance Animals
Trained Assistance Animals

Southwest Airlines welcomes trained assistance animals on all of our 
flights. In accordance with federal Safety regulations, the animal must be 
positioned so as not to obstruct Customers' expeditious evacuation in the 
unlikely event of an emergency. Except when too large to be safely 
accommodated, a trained assistance animal traveling with and providing 
assistance to a Customer with a disability will be accommodated in the 
aircraft cabin on the floor in front of or next to the Customer with a 
disability.

 There you have it. During my flight I was told that Southwest's Customer of 
Size Policy was an FAA regulation. I checked the FAA's Web Site after 
reading this document and found no FAA regulations that set arm rests as the 
definitive boundary between seats. And no where are any so-called FAA 
policies referenced that readers of this information can examine for 
themselves. While this issue isn't a blindness matter it's one to monitor 
should airlines use these policies to indirectly discriminate against guide 
dog users. I hope that this information will help insure that everyone can 
fly to Dallas and home without encountering this kind of nonsence. Large 
convention attendees be sure to choose your airline wisely to avoid paying 
for two seats and to avoid the other problems I and perhaps some others 
encountered when flying on the likes of Southwest Airlines.

Peter Donahue

"Will you come and awake our lost land from its slumber
      And her fetters we'll break, links that long are encumbered.
      And the air will resound with hosannas to greet you
      On the shore will be found gallant Irishmen to greet you."
Will You Come to the Bower
Traditional Irish Folk Song