Will there be commercial flights for dogs and companions out of HPN?
April 24, 2024 at 11:37 p.m.
On Apr. 11 a publicity release went out on the nationally distributed Business Wire and was picked up everywhere in the country where media of any kind were looking for a happy story.
Outlets from Yahoo News to NPR’s “Wait Wait…Don’t Tell Me” weekly news quiz show gave it the full treatment.
The Business Wire release announced that starting Thursday, May 23, a new charter airline would be launched especially for big dogs and their human owners called BARK Air, which was “backed by a leading global omnichannel dog brand with a mission to make all dogs happy.”
BARK Air said their flights would initially be centered around Westchester County Airport (HPN), with domestic flights between Van Nuys, Calif. (VNY) and HPN, and international flights between HPN and Stansted, England (STY).
Their effort, they said, was “to make all dogs happy…with the world’s first air travel experience designed specifically for dogs first, and their human companions second, enabling them to travel together comfortably and conveniently.”
“Too often,” BARK Air said, “dogs are denied travel, confined to a duffle bag, or endure the stress of flying in cargo” ... (but BARK Air will set a) “new standard for dogs who love to travel but have been forced to settle for less than ideal traveling conditions.”
The Westmore News immediately contacted County Attorney John Nonna, who has been overseeing the County’s federal lawsuit against charter carrier JSX for selling seats on the internet for aircraft seating over nine persons and operating out of Fixed Based Operators (FBO) at the private side of HPN, thus avoiding the County’s Terminal Use Agreement (TUA) which requires those air carriers (like Delta, American, JetBlue) to use the main terminal.
Nonna said this paper’s e-mail and phone inquiry were the first he had ever heard of BARK Air.
By last Friday, Apr. 19, the County had swung into action to put a hold on BARK Air’s plans.
Warning letter to BARK Air
In a letter obtained exclusively by the Westmore News, County Director of Aviation April L. Gasparri wrote BARK CFO Zahir Ibrahim and General Counsel Allison Paige Kohler:
“The Press Release does not identify the Part 135 charter air carrier with whom the Company has partnered, nor does it identify the size of the aircraft that the parties intend to use for the service out of HPN. However, the Press Release does direct the reader to a website (DogsFlyFirst.com) that provides booking information for individual seat seals on departures from New York on aircraft with more than nine (9) passenger seats (see Ex B [Booking Information] at 2). Furthermore, we are unaware that the Company has received Part 380 approval to operate out of HPN.”
Gasparri continued:
“Under the Westchester County Code, any passenger service involving aircraft designed for more than nine (9) passenger seats and individual seat sales to any segment of the public must operate from HPN’s Terminal pursuant to a Terminal Use Agreement; it cannot be conducted out of an FBO (see Westchester County Code § 712.462 [2] [j]). In accordance with the foregoing, the County of Westchester (the “County”)—as HPN’s owner and sponsor—hereby requests that, within thirty (30) days of your receipt of this letter, the Company provide the County with:
(i) a statement on the Company’s behalf setting forth whether the BARK Air service
operating out of HPN will involve individual seat sales on aircraft with more than
nine (9) passenger seats;
(ii) a copy of the Company’s application to the United States Department of
Transportation (“USDOT”) for approval pursuant to Part 380 of Title 14 of the
Code of Federal Regulations (“Part 380”) for operation out of HPN, as soon as such
request is filed (the “Part 380 Application”);
(iii) a copy of USDOT’s response to the Part 380 Application, as soon as the Company
receives it.”
BARK Air’s response
The Westmore News spent hours trying to reach Ibrahim and Koehler or their authorized representatives for a response to Gasparri’s letter. Finally, late last Friday, a spokesperson (name withheld at their request) from BARK Air issued the following statement:
“BARK Air will be sharing all of the requested information with Westchester County Airport well within the 30-day deadline and is in full compliance with the Westchester County Code.”
Nonna, Gasparri and their colleagues are awaiting the BARK response with interest.
Currently, BARK is selling domestic flights from HPN to Van Nuys for $6,000 for one dog and one human (additional humans and dogs extra), and $8,000 for a dog and human to Stansted, just outside London, England.
They have announced that “an Argus Platinum-rated charter company is responsible for all aircraft, crew, maintenance, and insurance-related matters, while BARK is focused on creating and delivering a world class air travel experience for dogs and their people.”
BARK is also promising that a “highly skilled … concierge will welcome dogs at the gate to help them settle into their experience through socialization and dog-centric cabin preparation. The BARK Air concierge will also evaluate each dog to ensure they are enjoying their experience and adapting to the new environment and if additional attention and care is needed prior to boarding or once on board.”
Furthermore, BARK promises that on travel day “dogs and their companions will arrive at the airport 45 to 60 minutes before take-off for a simple, efficient check in process where dogs can meet other furry friends on their flight while their people are treated to meals prepared by onsite chefs—no crates, stressful TSA checkpoints, or screening.”
How BARK could announce all of this without first checking with anyone at the County Airport Administration is a question yet to be answered.
And whether BARK can meet the County code for HPN at this moment is also an unanswered question.
In the meantime, an expensive, elite flight service hangs in the balance.
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