City of Dallas tells Delta it can no longer fly out of Love Field

Status
Not open for further replies.
WN is following the process and offering to help now.

It will be easier for them to deny Delta accommodation later, when they will be using all their leased space.
 
 
 
 
 
 
“We have let Delta know that we are willing to potentially accommodate them on a portion of a gate through Jan. 6, 2015, in order to avoid inconveniencing passengers booked on Delta flights from Love Field during that time,” Southwest vice president and general counsel Mark Shaw said Wednesday evening.
“Our discussions with Delta are ongoing. Any accommodation is subject to agreement between Southwest and Delta covering reasonable terms and conditions. We hope and expect to conclude these discussions quickly,” said Shaw, Southwest’s corporate secretary.
 
http://aviationblog.dallasnews.com/2014/10/were-waiting-for-the-next-shoe-on-the-delta-air-lineslove-field-matter.html/
 
 
 
 

It is called "Good faith efforts".

the Signatory Airline will use its good faith efforts to effect such accommodation in a reasonable and equitable manner.

Nobody blinked just yet. WN just moved Delta day of reckoning to JAN 6. 
WN is just setting the stage to be off the hook. If Delta wont go quietly, then the process will have to be played out to the end.
United should have tried it to show they were using good faith efforts in a reasonable and equitable manner they may be the one selected for forced accommodation.
Then they will have to prove that because of their schedule the operations are being unduly interfered with.
 
The game is in the first quarter and there is still no score.
 
Can someone help me out.
Deltas website wont let me book a flight between DAL and ATL after Nov 8.
 
Any guesses why?
 
WN is following the process and offering to help now.

It will be easier for them to deny Delta accommodation later, when they will be using all their leased space.
 
 
 
“We have let Delta know that we are willing to potentially accommodate them on a portion of a gate through Jan. 6, 2015, in order to avoid inconveniencing passengers booked on Delta flights from Love Field during that time,” Southwest vice president and general counsel Mark Shaw said Wednesday evening.
“Our discussions with Delta are ongoing. Any accommodation is subject to agreement between Southwest and Delta covering reasonable terms and conditions. We hope and expect to conclude these discussions quickly,” said Shaw, Southwest’s corporate secretary.
 
http://aviationblog.dallasnews.com/2014/10/were-waiting-for-the-next-shoe-on-the-delta-air-lineslove-field-matter.html/
 
 
 
 
It is called "Good faith efforts".

the Signatory Airline will use its good faith efforts to effect such accommodation in a reasonable and equitable manner.

Nobody blinked just yet. WN just moved Delta day of reckoning to JAN 6. 
WN is just setting the stage to be off the hook. If Delta wont go quietly, then the process will have to be played out to the end.
United should have tried it to show they were using good faith efforts in a reasonable and equitable manner they may be the one selected for forced accommodation.
Then they will have to prove that because of their schedule the operations are being unduly interfered with.
 
The game is in the first quarter and there is still no score.
no, it is not anything more than CYA.

WN knows full well that if DL pushes the case to court, WN stands to lose ALOT.

They aren't doing anything out of the goodness of their heart.

WN is stepping in long enough to give DAL time to straighten the situation out - which should have been for DAL to have a plan that provided for accommodating other carriers behind the 3 gate leaseholders.

DAL's plan was to point 3 fingers at the 3 leaseholders and in this case they expected UA to accommodate DL.

UA, rightfully said, it isn't their job alone to accommodate DL, even if UA wasn't using their gates to the fullest.

My guess is that DAL will be forced to come up with a plan that requires that all 3 carriers will have to proportionately give up space to accommodate any carrier that wants to come to DAL.

Saying 'NO" is simply not an option. if it were, WN would have had easily said it. but they didn't.

they know they have a responsibility and decided to step up to the plate before being forced to.
 
and I can assure you that DAL will not be off the hook.

If WN and DAL were both in the right to say no, then the date wouldn't matter.

DL will be at DAL. The question is who has to have DL as a "roommate"

I'm betting that UA is pushing for and will succeed in making any new entrants be equally accommodated by all carriers proportional to their gate usage (total flights and gates)

as hard as it is for you to accept, DAL CANNOT say no. They screwed up by not putting requirements in their leases to accommodate new entrant/non-leaseholders in accordance with federal law.

The likely result will be that all leaseholders will have to proportionately host any non-leaseholders.

given how much you and your sidekick were convinced that DL wouldn't be at DAL post WA at all, I indeed was right and you all are trying desperately to try to save some sort of face.
 
WorldTraveler said:
and I can assure you that DAL will not be off the hook.

If WN and DAL were both in the right to say no, then the date wouldn't matter.

DL will be at DAL. The question is who has to have DL as a "roommate"

I'm betting that UA is pushing for and will succeed in making any new entrants be equally accommodated by all carriers proportional to their gate usage (total flights and gates)

as hard as it is for you to accept, DAL CANNOT say no. They screwed up by not putting requirements in their leases to accommodate new entrant/non-leaseholders in accordance with federal law.

The likely result will be that all leaseholders will have to proportionately host any non-leaseholders.

given how much you and your sidekick were convinced that DL wouldn't be at DAL post WA at all, I indeed was right and you all are trying desperately to try to save some sort of face.
 
Nice try, but we never said Delta wouldn't be at Love post Wright.
I have always said  the Wright Amendment Reform Act wont be overturned and WN will be free to use all of is 16 WN gates as they see fit.
They have preferential use (not sole use) of 16 gates. Federal Law and their legal gate leases will force Delta to seek other accommodations or leave Love Field after Jan 6 when WN's schedule will fill those 16 gates.
 
The COD can and did say NO to Delta. This doesn't change that.
 
https://www.scribd.com/doc/241379247/Dallas-Tells-Delta-to-Leave-Love-Field
 
If Delta cant find space with one of the other two signatory airlines, they WILL leave Love Field.
 
What is truly mind boggling is your complete failure to understand that Love Field is governed by it own tailored Federal Law that insulates it from the very things you keep claiming will happen.
You keep saying that Federal Law must force the COD to accommodate new entrants at Love Field, but refuse to recognize that another Federal Law was specifically passed to give Love Field relief from the other laws and provides a different process to try to accommodate new entrants. 
Laws change and new ones are written for new circumstances.
 
The process in the Love Field leases will continue until their is no room left.
 
you may not have said that DL wouldn't be at DAL post WA but swamt surely has.

and he gloated around it with the news that DAL told DL they couldn't be there.

You can lean on the gate leases all you want but they do not override federal law regarding access to non-lease holding airlines.

get this thru your head:

WN DID NOT GIVE DL ACCESS TO ITS GATES FOR ANY REASON OTHER THAN THEY RECOGNIZE THERE ARE MAJOR LEGAL RISKS FOR NOT DOING SO.

IF WN AND DAL COULD REALLY GET BY WITHOUT ACCOMMODATING DL, THEY WOULD HAVE DONE IT.
 
WorldTraveler said:
you may not have said that DL wouldn't be at DAL post WA but swamt surely has.

and he gloated around it with the news that DAL told DL they couldn't be there.

You can lean on the gate leases all you want but they do not override federal law regarding access to non-lease holding airlines.

get this thru your head:

WN DID NOT GIVE DL ACCESS TO ITS GATES FOR ANY REASON OTHER THAN THEY RECOGNIZE THERE ARE MAJOR LEGAL RISKS FOR NOT DOING SO.

IF WN AND DAL COULD REALLY GET BY WITHOUT ACCOMMODATING DL, THEY WOULD HAVE DONE IT.
You are wrong, The Wright Amendment Reform Act ( Federal Law) specifically says that the leases will control this.
 
To accommodate
new entrant air carriers, the city of Dallas shall honor the scarce
resource provision of the existing Love Field leases.
 
http://www.gpo.gov/fdsys/pkg/PLAW-109publ352/pdf/PLAW-109publ352.pdf
 
You can yell if you want, but WN is not in any "major legal risk".
If Delta has a beef, they will have to sue the COD over it.
 
WN is still just following the process in the scarce
resource provision of the existing Love Field leases.
 
http://www.4eval.com/Dallas/AVI/Forms/Exhibit%202%20-%2003-24-09%20-%20Use%20and%20Lease%20Agreement%20-%20Master%20-%20FINAL).pdf
 
you will be shown to be wrong.

If WN and DAL had no risk if DL sued, they would not have accommodated DL for even one minute.

WN should have no obligation to DL if UA was told they would be accommodating DL.

The ONLY reason why WN is accommodating DL NOW is because there is considerable risk that DL will succeed at not only proving that DAL was negligent at not having a plan to accommodate non-leaseholders but also that DAL could require all leaseholders to do so in the future.

Do not kid yourself about any other motivation for which WN acted but to avoid a legal challenge by DL now.

The fact that WN acted proves that they have obligations that will not be any less in Jan than they have now.

DAL has to come up with a plan to accommodate non-leaseholding airlines and it very likely will involve all 3 carriers with leases.

It is possible that DAL will be able to argue that UA should bear all of the burden because they had their gates scheduled to the least capacity as of the date DL was supposed to have been accommodated but I wouldn't hold my breath that will be the case.

If DAL wanted to take that tack, they should have voided UA's lease and retaken the unused gate.

let's be clear that this is DAL's fault for failing to properly manage their conflicting obligations but as the largest operator at DAL, WN will be forced to share responsibility for solving the problem.
 
WorldTraveler said:
you will be shown to be wrong.

If WN and DAL had no risk if DL sued, they would not have accommodated DL for even one minute.

WN should have no obligation to DL if UA was told they would be accommodating DL.

The ONLY reason why WN is accommodating DL NOW is because there is considerable risk that DL will succeed at not only proving that DAL was negligent at not having a plan to accommodate non-leaseholders but also that DAL could require all leaseholders to do so in the future.

Do not kid yourself about any other motivation for which WN acted but to avoid a legal challenge by DL now.

The fact that WN acted proves that they have obligations that will not be any less in Jan than they have now.

DAL has to come up with a plan to accommodate non-leaseholding airlines and it very likely will involve all 3 carriers with leases.

It is possible that DAL will be able to argue that UA should bear all of the burden because they had their gates scheduled to the least capacity as of the date DL was supposed to have been accommodated but I wouldn't hold my breath that will be the case.

If DAL wanted to take that tack, they should have voided UA's lease and retaken the unused gate.

let's be clear that this is DAL's fault for failing to properly manage their conflicting obligations but as the largest operator at DAL, WN will be forced to share responsibility for solving the problem.
There is a plan to accommodate non-lease holding airlines.
It is clearly laid out in the Wright Amendment Reform Act .
You and Delta just don't like it.
 
However it will be proven to you that it is the only process that will allow Delta to remain.
If they cant sublease space from UAL or VX and there is no more space for Delta, they will have to leave.
 
How about you just explain what part of this has happened so far that does not follow the procedures in the Wright Amendment Reform Act and the Scarce Resource provision in the Love Field leases?
 
The process is going along exactly as laid out there, and will continue.
 
Why argue w the queen of dl cheerleader as typical he has to be right n when proven he aint he changes tunes to fit his narratives
 
Status
Not open for further replies.

Latest posts

Back
Top