WorldTraveler said:
WN, quite frankly, woke up and realized the enormous risk they face if DL decides to escalate it.
This was always NOT a question of right or wrong but who was going to blink first.
You can't tell me or anyone in any court that the 30th busiest airport in the US can only accommodate 3 jet carriers and one of them can occupy 80% of the gates.
WN wisely decided to give DL is 6 little flights or face a legal challenge that could cost a whole lot more.
WN is aggressive but it is run by sharp people who know when it is worth fighting and when it is not.
and DL is equally aggressive, also run by sharp people who when it is worth fighting and when it is worth keep fighting.
WN didn't do this because they are friendly but solely because they knew they risked far too much at the hands of an angry DL.
as I said and to the great chagrin of a couple WN mechanics, DL will be at DAL post Wright.
You claim victory in the first quarter of the game.
Wn was not forced to share gates at this time, they are offering voluntary accommodation for a limited time until jan 6 when WN will claim their schedules conflict.
There is a process and the only way Delta gets space is if a lease holder is not using its gates to full capacity.
A some point soon(WN says Jan 6) Wn will be at a capacity where they will not voluntarily accommodate Delta.
At some other point they will be using their gates to the capacity that they wont be able to accommodate Delta on a forced basis either.
That is when Delta will either have to use United's or VX gates or leave Love Field.
That is the point when Delta will have to decide if they have a shot in court.
This process will have to play out but WN will keep FULL preferential use of their 16 gates as long as they are FULLY used.
I have posted the links that explain the process of a entrant requesting to be accommodated and how the final result will be determined.
I will try one last time.
This is the plain English straight from the new Love Field leases.
Pay attention to the parts in
RED.
There is more in the lease at the link below if you want to read it in its entirety. I cut and pasted to save space.
http://www.4eval.com/Dallas/AVI/Forms/Exhibit%202%20-%2003-24-09%20-%20Use%20and%20Lease%20Agreement%20-%20Master%20-%20FINAL).pdf
4. To the extent a new entrant carrier seeks to begin service at the Airport, the City will seek
voluntary accommodation from its existing airline lessees to accommodate the new entrant service as provided for in Section 4.06.E below. If the existing carriers are not able or are not willing to accommodate the new entrant service, then the City agrees to require the sharing of Airlines’ Preferential Use Space and Gates, also as provided for in Section 4.06.E below.
C. Preferential Rights to the Use of Gates. Airline is granted the preferential use of its assigned Gate(s). At those times that Airline has no scheduled use for one or more of its assigned Gate(s), Airline will allow other scheduled or nonscheduled airlines authorized by City to use Airport facilities to use such Gate(s), as circumstances and the public interest may require, for loading and unloading only,
but in no event shall said use by others take precedence over Airline's scheduled use. For the purposes of this subsection, the term ―scheduled use‖ shall mean a reasonable amount of time, up to thirty (30) minutes, before an aircraft arrives at a Gate and after an aircraft leaves a Gate. Further, Airline may require such non-preferential airline user to enter into an agreement with Airline to provide adequate insurance and to indemnify Airline from liability in the use of the premises.
F. Accommodation of Requesting Airlines. Airline and City agree that although most of the airline areas in the Terminal Building are or will be leased to Signatory Airlines for their exclusive or preferential use, and Terminal Building facilities at the Airport may become a scarce resource if a new entrant airline (―Requesting Airline‖) requests to provide service at the Airport. In such circumstances, Airline agrees to accommodate such Requesting Airline at its Leased Premises
at such times that will not unduly interfere with its operating schedule and upon such reasonable terms as may be agreed upon between Airline and the Requesting Airlines, taking into consideration all the circumstances of such an accommodation agreement. In order to facilitate City’s role in the accommodation procedure outlined in 1-4 below,
Airline shall provide City with a monthly report tracking Airline’s Gate assignment and Gate usage data. To insure compliance with this obligation and to provide open access and uniform treatment for all airline tenants, the following procedure is established:
1. All requests for airline accommodation in the terminal facilities will be received by the DOA.
2.
In the event the Requesting Airline has demonstrated to the DOA that it has contacted all airlines and has exhausted all reasonable efforts to secure accommodations, the Director will notify all Signatory Airlines in writing that if Requesting Airline is not accommodated within thirty (30) days from the receipt of notice, the Director will select one of the Signatory Airlines to comply with the request for accommodation in a non-
discriminatory manner.
3. At the end of said thirty (30) day period, if the Requesting Airline has not been accommodated, the Director may select a Signatory Airline to accommodate the Requesting Airline and, in that event, will send written notice to that Signatory Airline to accommodate Requesting Airline within thirty (30) days from the receipt of said notice. The Director will include in such notice the reason or reasons why the particular Signatory Airline was selected. The selected Signatory Airline will have ten (10) days after receipt of said notice to comment on or dispute such selection.
4. Unless the Director rescinds such selection within said thirty (30) day period, the Signatory Airline will accommodate the Requesting Airline by sharing a portion of its Leased Premises (ticket counter positions, baggage make-up area, holdroom, aircraft parking position, passenger loading bridge and other appurtenant equipment reasonably necessary for the effective use of such space), subject to the following conditions:
a. In case of a conflict between schedules of the Signatory Airline and the Requesting Airline, the Signatory Airline will have priority in use of its personnel and its Leased Premises,
b. If requested to accommodate another carrier pursuant to this paragraph, the Signatory Airline will use its
good faith efforts to effect such accommodation in a
reasonable and equitable manner.