Kroha, Clereece (OST) 

From: 

Sent: 

To: 

Co: 

Subject: 

Kroha, Clereece (OST) 

Friday, February 12, 2010 11:46 AM 

Podberesky, Samuel (OST) 

Re.: The Passenger Bill of Rights 

Dear Ms. Sanfilippo, 

I am writing to you on behalf of Mr. Sam Podberesky in response to your Feb. 10, 2010, letter. We appreciate the time 

you took to contact our office expressing your concerns of airline passenger protection issues. Your letter to Mr. 

Podberesky as well as the attached letter to Continental Airlines will be posted on the Department of Transportation's 

Enhancing Airline Passenger Protections rulemaking docket as a part of public comments, and they will be taken into 

consideration in our current and future rulemaking processes related to these issues. 

Please do not hesitate to contact me if you have any question regarding this matter. 

Regards, 

Clereece Y. Kroha 

Trial Attorney 

U.S. Department of Transportation 

Office of the General Counsel 

Office of Aviation Enforcement and Proceedings 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

(202) 366-9041 

(202)366-7152 

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Podberesky , Samuel (OST) 

From: 

Sent: 

To: 

Subject: 

Attachments: 

carlo sanfilipp€ _ 

Wednesday, February 10, 2010 5:51 Pl^ 

Podberesky, Samuel (OST)* 

The Passenger Bill of Rights. 

Airline_Chaii'man_US_DOT.pdf 

Importance: High 

Dear Mr. Podberesky: 

Attached is a PDF regarding thoughts on the Airline Passenger Bill of Rights. 

Thank you for taking the time to view this. 

I am interested in your thoughts on this matter. 

Sincerely, 

Carlo Sanfilippo 

Hotmail: Free, trusted and rich ennail service. Get it now. 

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Carlo Sanfilippo Carlo Sanfilippo c/o Claire Charbonneau 

e-mail: _^_^______^^^_.^ _ 

10 February 2010 

Mr. Samuel Podberesky f;:;3> o 

Chairman ^ n:-

Assistant Gemeral Counsel for Aviation Enforcement and Proceedings rj, •, 

U.S. Department of Transportation 

1200 New Jersey Avenue 

Washington, DC 20590 > • , ' -. 

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Samuel .Podberesky(g),dot. gov 

Dear Mr. Podberesky: 

I understand that you, Senator Barbara Boxer of California, and Senator Olympia Snowe of Maine 

have been working hard towards more protection regarding commercial air transportation and 

passengers rights. 

It seems that on both domestic and overseas flights, U.S. airlines must provide adequate food and 

drinking water for passengers within two hours and maintain operable lavatories and, where 

necessary, provide medical attention. 

According to U.S. Transportation Secretary Ray LaHood, the rules would not apply specifically to 

international flights, but airlines flying internationally "must specify in advance their own time 

limits for deplaning passengers." And if tarmac delays become a problem on international flights, 

the new rule would be expanded to cover those flights. 

The following is a letter which has been sent to Mr. Jeffery Smisek, Chairman, President and CEO, 

Continental Airlines, Inc., Houston, Texas, USA. 

A copy of this letter has been sent to: Senator Barbara Boxer, United States Senate; 

Congresswoman Lynn C. Woolsey, United States House of Representatives; Mr. Randy Babbit, 

Administrator, Federal Aviation Administration; Luftfahrt-Bundesamt (LBA) - the German 

equivalent to the US Federal Aviation Administration; Mr. Jaan Albrecht, Chief Executive Officer, 

Star Alliance Services GmbH; Mr. Jim Compton, Executive Vice President and CMO, Continental 

Airlines, Inc., emd Ms. Anne Munoz, Senior Director, Customer Care, Continental Airlines, Inc.. 

Please take a moment and let me know how I should proceed with this request. I am very interested 

in your views concerning legislation for protection of international passengers who travel with nonEU airlines. 

I look forward to heeiring form you. Thank you. 

Sincely, 

Carlo Sanfilippo 
Carlo Sanfilippo Carlo Sanfilippo c/o Claire Charbonneau 

e-maili __ 

10 February 2010 

Mr. Jeffery Smisek 

Chairman, President and CEO 

Continental Airlines, Inc. 

P.O. Box 62776 

Houston, TX 77205-9927 

USA 

e-mail: Jeffery.Smisek@,coair.com 

Dear Mr. Smisek: 

First of all, congratulations on your recent commission as President and CEO of a world class 

airline, and congratulations also to you and your team for a marvelous job in your merge with Star 

Alliance network. 

Thank you for taking the time to listen to my comments regarding travel I made with Continental 

Airlines on December 8*^, 2009 and January 11*, 2010. 

When I booked my flight in November 2009 the credit card payment was not possible via internet 

due to technical issues, so I called an 800 number to make payment over the phone. At that time, I 

gave my US Air Frequent Flyer Account NumberdHMMH^BPan d asked how many 

suitcases I would be allowed to take with me; I was told that international flights allowed up to two 

suitcases and that there would be no additional costs. After a day or so, I received the following 

Confirmation Number via e-mail :i 

On the day of travel, I was told that Continental's policy had been changed prior to my date of 

booking and was charged an extra 50 USD ( 33 EUR) for excess baggage. Passenger receipt 

08DEC09 KF/D75202F Sanfilippo, Carlo PSGR TICKET 0052151669507 HAM CO EWR CO 

BOS. 

That would have been enough discouragement, and I really did not need to take two suitcases with 

me as I could have traveled with less garments had I known; however, this was just the beginning of 

my disappointment with Continental Airlines. 

On my return trip from Boston, we had to sit nearly 45 minutes on the tarmac, but we landed at 

Liberty International with ca. 57 minutes remaining to catch my connecting flight to Hamburg, 

Germany. 

After boarding flight C074 we were soon informed by our captain that there were "technical 

difficulties" on board and our flight would be delayed, and that we might need to refiael. During the 

long wait a few passengers had to leave their seats in order to use the lavatory. These passengers 

were reprimanded by the flight attendants; but never the less, after sitting on the tarmac for over 3 
hours our plane returned to the gate were passengers were told they could exit the aircraft if they so 

choose, but we were instructed to stay near the gate as we might be departing again soon. Nearly all 

the passengers cjiose to leave the plane, but some remained. Shortly thereafter, the flight attendants 

came back asking all passengers to deboard the plane and take all personal belongings with them. 

We were then told to form a line at the gate in order to receive an 8 dollar Continental meal 

voucher. My voucher was one of the last to be handed out, and by the time I received the voucher, it 

was time to reboard the plane. The voucher (Coupon NumberJJHHlHIHH M ^^ ^^^Y valid at 

a U.S. airport and for the date of issue 01 -11 -10. It was issued at EWR for Flight Nr. 74. 

Unfortunately I was not able to make use of the voucher. If the vouchers could have been 

distributed to the passengers on board during the wait on the tarmac this might have been avoided. 

We were not informed that we might make two telephone calls, telex or fax messages, or e-mail 

messages. Our flight was scheduled to depart at 5:50 pm and we did not prepare to lift off until 

10:30 pm. 

At this point of the journey with Continental Airlines, one would hope that the worst was over; 

however, much to my dismay it was not. After landing in Hamburg with over four hours of delay, I 

waited in vain for my luggage. It had been left behind at Liberty International. After a long wait at 

the carousel, I proceeded to the baggage claim desk were I received a report printout (Ref Nr. 

IMMMHHHHHHJJHH^Btt ) and was informed that I would be contacted as soon as my 

suitcase (baggage check4HllH^H[|iV) had arrived. 

Thereafter, I went to the information desk at the airport in Hamburg to inquire as to where I might 

file comments/complaints. I was given a brochure published by the European Commission, 

Directorate-General for Energy and Transport, in Brussels regarding air passenger rights, and 

directed to the service desk of Continental Airlines. At that desk I met fellow passengers who had 

been informed that their flights would be rebooked to their final destination (this had not been done 

for some) and others who also wanted to know who to contact regarding this matter. I asked the 

person at the desk what the limits were for flight delays, she could only tell me if the flight 

originated within Europe to request a refund of my ticket if the flight delay exceeds five hours, and 

it is interesting to know that we just missed that mark by 20 minutes.' 

I then asked for the name and address of the CEO of Continental Airlines, sadly to say she could 

only offer me the name of her supervisor; Station Manager Sead Odabasic. She was kind enough to 

give me his telephone number and a business card of the International Concierge of Continental 

Airlines, Ms. Julia Rumohr. 

Certainly stronger protections for your passengers is an important role in Continental's strategy for 

gaining a larger share of trust and commitment from its customers. With that in mind, would you 

please inform me of Continental's current and foreseeable limits for deplaning tarmac stranded 

passengers on international flights departing from and arriving in the United States, and what 

provisions you envision regarding adequate food and drinking water for passengers, within what 

time frame, of the aircraft being delayed on the tarmac? 

Do you plan to maintain operable lavatories and, if necessary, provide medical attention for these 

passengers? 

In the first two quarters of 2009, 613 planes were delayed on tarmacs for more than three hours with 

passengers on board, according to the U.S. Department of Transportation. Can you please tell me 

how many domestic (and international) delays of three hours or more Continental had for 2009 and 

what your predictions for the year 2010 might be? 

United States Senators Barbara Boxer (D-CA) and Olympia Snowe (R-ME) recently praised 
Transportation Secretary Ray LaHood's armouncement of a new rule to protect airline passengers 

rights that include much of their legislation, the Airline Passenger Bill of Rights. I will be 

contacting Senator Barbara Boxer at info(a),barbaraboxer.com to find out more on her views 

concerning legislation for protection of international passengers as well as Congresswoman Lynn C. 

Woolsey, United States House of Representatives, and Mr. Samuel Podberesky, Chairman, Assistant 

General Counsel for Aviation Enforcement and Proceedings, U.S. Department of Transportation, 

regarding aviation consumer protection at airconsumer2@,dot.gov. 

A friend of mine who is journalist at Der Spiegel (one of Europe's largest weekly magazines with a 

weekly circulation of more than one million) here in Hamburg, Germany, recently booked a flight 

with Continental Airlines to Liberty International. After my recount of the journey I encountered 

there, he considered canceling his flight and re booking with Lufthansa. I assured him that such 

delays are more likely an exception to the rule and that your fleet is modern and your crew both 

friendly and efficient. He understands that the terms of baggage have changed, but was surprised 

that Continental Airlines, unlike her Star Alliance Partner, Lufthansa, did not honor the change in 

terms of luggage limitations until year's end. Is there any particular reason why this could not have 

been incorporated in Continental's price politics as well? 

Regulation 261/2004 of the European Parliament and the European Council of 11 February 2004 

established common rules on compensation and assistance to passengers. This regulation applies to 

all airline flights departing from an EU airport or to any airline licensed in the EU if that flight is 

departing from an airport outside the EU to a destination at an airport in an EU member state; 

however, this regulation cannot cover flights by non-EU airlines departing an airport outside of the 

EU because this would be an extra-territorial clause, extending rights and creating obligations for 

non-EU airlines, beyond the borders of the EU. For this reason I will not be asking for a 

compensation in the amount of 600 EUR (the flight was greater than 3,500 km in distance) for 

customer inconvenience. A "Passenger rights in case of denied boarding, downgrading, cancellation 

or long delay of their flight under Regulation (EC) 261/2004" form will be sent to: 

Luftfahrt-Bundesamt (LBA), Hermann-Blenk-Str. 26, 38108 BRAUNSCHWEIG, Germany -

fluggastrechte@lba.de. 

Additionally, I have contacted Mr. J. Randolph Babbitt, Administrator, Federal Aviation 

Administration, e-mail: Randv.Babbitt@faa.gov for further comment regarding updates for fixture 

regulations concerning an "Airline Bill of Rights for International Passengers." 

Most likely issues of this nature would interest Mr. Jaan Albrecht, Chief Executive Officer, Star 

Alliance Services, GmbH, Jaan.Albrecht@,staralliance.com: Mr. Jim Compton, Executive Vice 

President and CMO, Continental Airlines, Inc., Jim.Compton(g),coair.com and Ms. Anne Munoz, 

Senior Director, Customer Care, Continental Airlines, Inc., Anne.Munoz@,coair.com as well. For 

this reason, I have sent this letter in copy to various representatives of the media, as well as officials 

of Continental Airlines, Star Alliance, the Air Transport Association, consumer rights groups and 

government officials to make them aware of what occurred with the hope of preventing similar 

incidents in the fixture. 

It certainly is an improvement that US domestic passengers are no longer required to stay on the 

tarmac for hours on end, but not if that means more delayed flights (which will not be levied heavy 

fines for exceeding the three hour limit) for international passengers. If the non-EU airlines have no 

limits as to tarmac delay for their international flights, there would be few good reasons for 

choosing to fly with a US carrier in the future. Many of us who took Continental's flight C074 

(January 11*) would have been entitled to a 600 EUR compensation (under the EU regulation) had 

we chosen a flight operated by an EU airline. 
If this is the case, then I fully empathize with your predicament, Mr. Smisek, and ask you to be 

lionest with your passengers, and we will humbly book our flights to and from Europe (and the 

world outside the US) with an airline that can offer more comfort and compensation. 

Thank you very much for taking the time to view my comments and complaints. I look forward to 

hearing from you soon, and hope that you can shed some light on what seems to be a rather 

turbulent time regarding new and old airline policy. 

Yours truly. 

Carlo Sanfilippo 

Customer Comment Card Info: 

Name: Carlo Sanfilippo 

Tel. :^HilHllHHMBi 

Date of Flight: January 11, 2010 and December 8, 2009 

Fhght Number: C074 

From: Liberty International, New Jersey To: Hamburg, Germany 

OnePass Account Number:' 

Email Address? 

Yes, I would like a response from someone at Continental.