The airline passenger rights rule would amend several existing regulations.
In the version below, proposed changes appear in blue text. Short summaries by the Regulation Room team appear in italic text. To see the full version of the current regulations, go to e-CFR.
CONTENTS
14 CFR Code of Federal Regulations Part 234 – Airline Service Quality Performance Reports
§234.11: Disclosure to Consumers
14 CFR Code of Federal Regulations Part 244 – Reporting Tarmac Delay Data
§244.3: Reporting of tarmac delay data
14 CFR Code of Federal Regulations Part 250 – Oversales
§250.2b: Carriers to request volunteers for denied boarding
250.5: Amount of denied boarding compensation for passengers denied boarding involuntarily
14 CFR Code of Federal Regulations Part 253: Notice of Terms of Contract of Carriage
253.7: Direct notice of certain terms
253.9: Notice of Contract of Carriage Choice-of-Forum Provisions
14 CFR Code of Federal Regulations Part 259: Enhanced Protections for Airline Passengers
259.4: Contingency Plan for Lengthy Tarmac Delays
259.7: Response to Consumer Problems
14 CFR Code of Federal Regulations Part 399: Statements of General Policy
399.84 Price Advertising and Opt-Out Provisions
399.85: Notice of Baggage Fees and Other Fees
399.87: Prohibition on Post-Purchase Price Increase
For the reasons set forth in the preamble, the Department proposes to amend title 14 CFR Code of Federal Regulations Chapter II as follows:
PART 234 – Airline Service Quality Performance Reports [AMENDED]
1. The authority citation for 14 CFR Code of Federal Regulations Part 234 continues to read as follows:
Authority: 49 U.S.C. 329 and chapters 401 and 417.
2. Section 234.11 is revised to read as follows:
§234.11: Disclosure to consumers.
(d) For each scheduled domestic flight segment, including domestic segments of a code-share flight operated by another carrier, a reporting carrier shall promptly provide to passengers who are ticketed or hold reservations, and to other interested persons information about a change in the status of a flight, defined for this purpose as cancellation of a flight or a delay of 30 minutes or more in the planned operation of a flight, including additional delays of 30 minutes or more to flights for which notification has already been provided. This information must at a minimum be provided in the boarding gate area, via a carrier’s telephone reservation system and on the homepage of a carrier’s website.
(1) With respect to any carrier that permits passengers to subscribe to flight status notification services, the reporting carrier shall deliver such notification to such passengers, by whatever means is available to the carrier and of the passenger’s choice, within 30 minutes after the carrier becomes aware or should have become aware of a change in the status of a flight.
(2) The reporting carrier shall incorporate such notification service commitment into its Customer Service Plan as specified in section 259.5 of this chapter.
(e) Each reporting carrier shall update all flight status displays and other sources of flight information that are under the carrier’s control at airports with information on each flight delay of 30 minutes or more or flight cancellation, within 30 minutes after the carrier becomes aware or should have become aware of a change in the status of a flight.
3. A new part 244 is proposed to be added to read as follows:
PART 244 – Reporting Tarmac Delay Data
§ 244.1 Definitions
Arrival time is the instant when the pilot sets the aircraft parking brake after arriving at the airport gate or passenger unloading area. If the parking brake is not set, record the time for the opening of the passenger door. Also, carriers using a Docking Guidance System (DGS) may record the official “gate-arrival time” when the aircraft is stopped at the appropriate parking mark.
Cancelled flight means a flight operation that was not operated, but was listed in an air carrier or a foreign air carrier’s computer reservation system within seven calendar days of the scheduled departure.
Diverted flight means a flight which is operated from the scheduled origin point to a point other than the scheduled destination point in the carrier’s published schedule.
Certificated air carrier means a U.S. air carrier holding a certificate issued under 49 U.S.C. 41102 to conduct passenger service or holding an exemption to conduct passenger operation under 49 U.S.C. 40109.
Commuter air carrier means a U.S. commuter air carrier as described in 14 CFR Code of Federal Regulations § 298.3(b) that is authorized to carry passengers on at least five round trips per week on at least one route between two or more point according to a published flight schedule using small aircraft.
Covered carrier means a certificated carrier, a commuter carrier, or a foreign air carrier operating to and from or within the United States, conducting scheduled passenger service or public charter service with at least one aircraft originally designed to have a passenger capacity of 30 or more seats.
Foreign air carrier means a carrier that is not a citizen of the United States as defined in 49 U.S.C. 40102(a) that holds a foreign air carrier permit issued under 49 U.S.C. 41302 or an exemption issued under 49 U.S.C. 40109 authorizing direct foreign air transportation.
Gate departure time is the instant when the pilot releases the aircraft parking brake after passengers have been boarded and aircraft doors have been closed. In cases where the flight returned to the departure gate before wheels-off time and departed a second time, the reportable gate departure time is the last gate departure time before wheels-off time. In cases of an air return, the reportable gate departure time is the last gate departure time before the gate return. If passengers were boarded without the parking brake being set, the reportable gate departure time is the time that the passenger door was closed. Also, the official “gate-departure time” may be based on aircraft movement for carriers using a Docking Guidance System (DGS). For example, one DGS records gate departure time when the aircraft moves more than 1 meter from the appropriate parking mark within 15 seconds. Fifteen seconds is then subtracted from the recorded time to obtain the appropriate out time.
Gate Return means that the aircraft leaves the boarding gate only to return to a gate for the purpose of allowing passengers to disembark from the aircraft.
Tarmac delay means the holding of an aircraft on the ground either before taking off or after landing with no opportunity for its passengers to deplane.
§ 244.2: Applicability
(a) This part applies to U.S. certificated air carriers, U.S. commuter air carriers and foreign air carriers that operate passenger service to a U.S. airport with an aircraft originally designed to have a passenger capacity of 30 or more seats. Carriers must report all passenger operations that experience a tarmac time of 3 hours or more at a U.S. airport.
(b) If a U.S. or a foreign air carrier has no 3-hour tarmac times in a given month, it still must submit a monthly report stating there were no 3-hour tarmac times.
(c) U.S. carriers that submit Part 234 Airline Service Quality Performance Report must only submit 3-hour tarmac information for public charter flights and international passengers flights as the domestic scheduled passenger flight information is already being collected in Part 234.
§ 244.3: Reporting of tarmac delay data
(a) Each covered carrier shall file BTS Form 244 “Tarmac Delay Report” with the Office of Airline Information of the Department’s Bureau of Transportation and Statistics on a monthly basis, setting forth the information for each of its flights that experienced a tarmac delay of three hours or more, including diverted flights and cancelled flights on which the passengers were boarded and then deplaned before the cancellation. The reports are due within 15 days of the end of each month and shall be made in the form and manner set forth in accounting and reporting directives issued by the Director, Office of Airline Statistics, and shall contain the following information:
(1) Carrier code
(2) Flight number
(3) Departure airport (three letter vode)
(4) Arrival airport (three letter code)
(5) Date of flight operation (year/month/day)
(6) Gate departure time (actual) in local time
(7) Gate arrival time (actual) in local time
(8) Wheels-off time (actual) in local time
(9) Wheels-on time (actual) in local time
(10) Aircraft tail number
(11) Total ground time away from gate for all gate return/fly return at origin airports including cancelled flights
(12) Longest time away from gate for gate return or canceled flight
(13) Three letter code of airport where diverted flight
(14) Wheels-on time at diverted airport
(15) Total time away from gate at diverted airport
(16) Longest time away from gate at diverted airport
(17) Wheels-off time at diverted airport
(b) The same information required by paragraph (a)(13) through (a)(17) of this section must be provided for each subsequent diverted airport landing.
Authority: 49 U.S.C. §§40101(a)(4), 40101(a)(9), 40113(a), 41702, and 41712.
PART 250 – Oversales [AMENDED]
4. The authority citation for 14 CFR Code of Federal Regulations Part 250 continues to read as follows:
Authority: 49 U.S.C. chapters 401, 411, 413 and 417.
5. Section 250.1 is revised by deleting the last paragraph that defines “sum of the values of the remaining flight coupons” and adding a definition of confirmed reserved space as follows:
§ 250.1: Definitions
Confirmed reserved space, means space on a specific date on a specific flight and class of service of a carrier which has been requested by a passenger, including a passenger with a “zero fare ticket”, (e.g., consolidator ticket that does not show a fare amount on the ticket, frequent-flyer award ticket, or ticket obtained using a travel voucher), and which the carrier or its agent has verified, by appropriate notation on the ticket or in any other manner provided therefore by the carrier, as being reserved for the accommodation of the passenger.
6. Section 250.2 is revised to read as follows:
§ 250.2b: Carriers to request volunteers for denied boarding.
(b) Every carrier shall advise each passenger solicited to volunteer for denied boarding, no later than the time the carrier solicits that passenger to volunteer, 1) whether he or she is in danger of being involuntarily denied boarding (in doing so, the carrier must fully disclose the boarding priority rules that the carrier will apply for that specific flight), and 2) the compensation the carrier is obligated to pay if the passenger is involuntarily denied boarding. If an insufficient number of volunteers come forward, the carrier may deny boarding to other passengers in accordance with its boarding priority rules.
(c) If a carrier offers free or reduced rate air transportation as compensation to volunteers, the carrier must disclose all material restrictions on the use of that transportation before the passenger decides whether to give up his or her confirmed reserved space on that flight in exchange for the free or reduced rate transportation.
7. Section 250.5 is revised to read as follows:
§ 250.5: Amount of denied boarding compensation for passengers denied boarding involuntarily.
(a) Subject to the exceptions provided in § 250.6, a carrier to whom this part applies as described in § 250.2 shall pay compensation to passengers denied boarding involuntarily from an oversold flight at the rate of 200 percent of the fare (including any surcharges and air transportation taxes) to the passenger’s next stopover, or if none, to the passenger’s final destination, with a maximum of $1,300. However, the compensation shall be one-half the amount described above, with a $650 maximum, if the carrier arranges for comparable air transportation [see section 250.1], or other transportation used by the passenger that, at the time either such arrangement is made, is planned to arrive at the airport of the passenger’s next stopover, or if none, the airport of the passenger’s final destination, not later than 2 hours after the time the direct or connecting flight from which the passenger was denied boarding is planned to arrive in the case of interstate air transportation, or 4 hours after such time in the case of foreign air transportation.
(b) Carriers may offer free or reduced rate air transportation in lieu of the cash due under paragraph (a) of this section, if (1) the value of the transportation benefit offered is equal to or greater than the cash payment otherwise required, (2) the carrier fully informs the passenger of the amount of cash compensation that would otherwise be due and that the passenger may decline the transportation benefit and receive the cash payment, and (3) the carrier fully discloses all material restrictions on the use of such free or reduced rate transportation before the passenger decides to give up cash payment in exchange for such transportation.
(c) For the purpose of calculating the denied boarding compensation for a passenger with a “zero fare ticket”, the requirements in subsections (a), (b), and (c) apply. The fare paid by these passengers for purpose of this calculation shall be the lowest cash, check, or credit card payment charged for a comparable class of ticket on the same flight.
(d) The Department of Transportation will review the maximum denied boarding compensation amounts prescribed in this part every two years. The Department will use the Consumer Price Index for All Urban Consumers (CPI-U) as of July of each review year to calculate the revised maximum compensation amounts. The Department will use the following formula:
Current Denied Boarding Compensation multiplied by (a/b) rounded to the nearest $25 where:
a = July CPI-U of year of current adjustment
b = the CPI-U figure in July 2010 when the inflation adjustment provision was added to Part 250.
8. Section 250.9 is revised to read as follows:
§ 250.9 Written explanation of denied boarding compensation and boarding priorities, and verbal notification of denied boarding compensation.
(c) In addition to furnishing passengers with the carrier’s written statement as specified in sections (a) and (b), if the carrier orally advises involuntarily bumped passengers that they are entitled to receive free or discounted transportation as denied boarding compensation, the carrier must also orally advise the passengers of any restrictions or conditions applicable to the free or discounted transportation and that they are entitled to choose cash or check compensation instead.
PART 253 – Notice of Terms of Contract of Carriage [AMENDED]
9. The authority citation for 14 CFR Code of Federal Regulations Part 253 continues to read as follows:
Authority: 49 U.S.C. 40113; 49 U.S.C. Chapters 401, 415 and 417.
10. Section 253.7 is revised to read as follows:
§253.7: Direct notice of certain terms
A passenger shall not be bound by any terms restricting refunds of the ticket price or imposing monetary penalties on passengers, or permitting the carrier to raise the price, unless the passenger receives conspicuous written notice of the salient features of those terms on or with the ticket.
11. Section 253.9 is revised to read as follows:
§ 253.9: Notice of Contract of Carriage Choice-of-Forum Provisions
The Department considers any contract of carriage provision containing a choice-of-forum clause that attempts to preclude a passenger from bringing a consumer-related claim against a carrier in any court of competent jurisdiction, including a court within the jurisdiction of the passenger’s residence in the United States, provided that the carrier does business within that jurisdiction, to be an unfair and deceptive practice prohibited by 49 U.S.C. § 41712.
PART 259 – Enhanced Protections for Airline Passengers [AMENDED]
12. The authority citation for 14 CFR Code of Federal Regulations Part 259 continues to read as follows:
Authority: 49 U.S.C. §§40101(a)(4), 40101(a)(9), 40113(a), 41702, and 41712.
13. Section 259.2 is revised to read as follows:
§259.2: Applicability
This rule applies to all the flights of a certificated or commuter air carrier if the carrier operates scheduled passenger service or public charter service using any aircraft originally designed to have a passenger capacity of 30 or more seats, and to all the flights to and from the U.S. of a foreign carrier if the carrier operates scheduled passenger service or public charter service to and from the U.S. using any aircraft originally designed to have a passenger capacity of 30 or more seats, with the exception that §259.5 and §259.7 do not apply to charter service.
14. Section 259.3 is revised to read as follows:
§259.3: Definitions
Certificated air carrier means a U.S. air carrier that holds a certificate issued under 49 U.S.C. §41102 to operate passenger service or an exemption from 49 U.S.C. §41102.
Commuter air carrier means a U.S. air carrier as established by 14 CFR Code of Federal Regulations §298.3(b) that is authorized to carry passengers on at least five round trips per week on at least one route between two or more points according to a published flight schedule using small aircraft.
Covered carrier means a certificated carrier, a commuter carrier, or a foreign air carrier operating to and from or within the United States, conducting scheduled passenger service or public charter service with at least one aircraft originally designed to have a passenger capacity of 30 or more seats.
Foreign air carrier means a carrier that is not a citizen of the United States as defined in 49 U.S.C. 40102(a) that holds a foreign air carrier permit issued under 49 U.S.C. 41302 or an exemption issued under 49 U.S.C. 40109 authorizing direct foreign air transportation.
Large hub airport means an airport that accounts for at least 1.00 percent of the total enplanements in the United States.
Medium hub airport means an airport accounting for at least 0.25 percent but less than 1.00 percent of the total enplanements in the United States.
Non-hub airport means an airport with 10,000 or more annual enplanements but less than 0.05 percent of the country’s annual passenger boardings.
Small hub airport means an airport accounting for at least 0.05 percent but less than 0.25 percent of the total enplanements in the United States.
Tarmac delay means the holding of an aircraft on the ground either before taking off or after landing with no opportunity for its passengers to deplane.
15. Section 259.4 is revised to read as follows:
§ 259.4 Contingency Plan for Lengthy Tarmac Delays.
(a) Adoption of Plan. Each covered carrier shall adopt a Contingency Plan for Lengthy Tarmac Delays for its scheduled and public charter flights at each large U.S. hub airport and, medium hub airport, small hub airport and non-hub airport at which it operates such air service and shall adhere to its plan’s terms.
(b) Contents of Plan. Each Contingency Plan for Lengthy Tarmac Delays shall include, at a minimum, the following:
(1) for domestic flights, assurance that the covered U.S. air carrier will not permit an aircraft to remain on the tarmac for more than three hours before allowing passengers to deplane unless:
(i) the pilot-in-command determines there is a safety-related or security-related reason (e.g. weather, a directive from an appropriate government agency) why the aircraft cannot leave its position on the tarmac to deplane passengers; or
(ii) air traffic control advises the pilot-in-command that returning to the gate or another disembarkation point elsewhere in order to deplane passengers would significantly disrupt airport operations.
(2) for international flights operated by covered carriers that depart from or arrive at a U.S. airport, assurance that the carrier will not permit an aircraft to remain on the tarmac at a large or medium hub U.S. airport for more than a set number of hours as determined by the carrier and set out in its contingency plan, before allowing passengers to deplane, unless:
(i) the pilot-in-command determines there is a safety-related or security-related reason why the aircraft cannot leave its position on the tarmac to deplane passengers; or
(ii) air traffic control advises the pilot-in-command that returning to the gate or another disembarkation point elsewhere in order to deplane passengers would significantly disrupt airport operations.
(3) for all flights, assurance that the carrier will provide adequate food and potable water no later than two hours after the aircraft leaves the gate (in the case of a departure) or touches down (in the case of an arrival) if the aircraft remains on the tarmac, unless the pilot-in-command determines that safety or security considerations preclude such service;
(4) for all flights, assurance of operable lavatory facilities, as well as adequate medical attention if needed, while the aircraft remains on the tarmac;
(5) for all flights, assurance that the passengers on the delayed flight will receive notifications regarding the status of the tarmac delay every 30 minutes while the plane is delayed, including the reasons for the tarmac delay;
(6) assurance of sufficient resources to implement the plan; and
(7) assurance that the plan has been coordinated with airport authorities at each U.S. large hub airport, medium hub airport, small hub airport and non-hub airport that the carrier serves, as well as its regular U.S. diversion airports;
(8) assurance that the plan has been coordinated with U.S. Customs and Border Protection (CBP) at each large U.S. hub airport, medium hub airport, small hub airport and non-hub airport that is regularly used for that carrier’s international flights, including diversion airports; and
(9) assurance that the plan has been coordinated with the Transportation Security Administration (TSA) at each large U.S. hub airport, medium hub airport, small hub airport and non-hub airport that the carrier serves, including diversion airports.
(c) Amendment of plan. At any time, a carrier may amend its Contingency Plan for Lengthy Tarmac Delays to decrease the time for aircraft to remain on the tarmac for domestic flights covered in subparagraph (b)(1), for aircraft to remain on the tarmac for international flights covered in subparagraph (b)(2), and for the trigger point for food and water covered in subparagraph (b)(3). A carrier may also amend its plan to increase these intervals (up to the limits in this rule), in which case the amended plan shall apply only to those flights that are first offered for sale after the plan’s amendment.
(d) Retention of records. Each carrier that is required to adopt a Contingency Plan for Lengthy Tarmac Delays shall retain for two years the following information about any tarmac delay that lasts at least three hours:
(1) the length of the delay;
(2) the precise cause of the delay;
(3) the actions taken to minimize hardships for passengers, including the provision of food and water, the maintenance and servicing of lavatories, and medical assistance;
(4) whether the flight ultimately took off (in the case of a departure delay or diversion) or returned to the gate; and
(5) an explanation for any tarmac delay that exceeded 3 hours (i.e., why the aircraft did not return to the gate by the 3-hour mark).
(f) Unfair and Deceptive Practice. A carrier’s failure to comply with the assurances required by this rule and as contained in its Contingency Plan for Lengthy Tarmac Delays will be considered an unfair and deceptive practice within the meaning of 49 U.S.C. 41712 that is subject to enforcement action by the Department.
16. Section 259.5 is revised to read as follows:
§259.5 Customer Service Plan.
(a) Adoption of Plan. Each covered carrier shall adopt a Customer Service Plan applicable to its scheduled flights and shall adhere to this plan’s terms.
(b) Contents of Plan. Each Customer Service Plan shall address the following subjects and comply with the minimum standards set forth:
(1) offering the lowest fare available on the carrier’s website, at the ticket counter, or when a customer calls the carrier’s reservation center to inquire about a fare or to make a reservation;
(2) notifying consumers in the boarding gate area, on board aircraft and via a carrier’s telephone reservation system and its website of known delays, cancellations, and diversions;
(3) delivering baggage on time, including making every reasonable effort to return mishandled baggage within twenty-four hours and compensating passengers for reasonable expenses that result due to delay in delivery;
(4) allowing reservations to be held at the quoted fare without payment, or cancelled without penalty, for at least twenty-four hours after the reservation is made;
(5) where ticket refunds are due, providing prompt refunds for credit card purchases as required by section 374.3 of this chapter and 12 CFR Code of Federal Regulations Part 226, and for cash and check purchases within 20 days after receiving a complete refund request;
(6) properly accommodating passengers with disabilities as required by Part 382 of this chapter and for other special-needs passengers as set forth in the carrier’s policies and procedures, including during lengthy tarmac delays;
(7) meeting customers’ essential needs during lengthy tarmac delays as required by section 259.4 of this chapter and as provided for in each covered carrier’s contingency plan;
(8) handling “bumped” passengers with fairness and consistency in the case of oversales as required by Part 250 of this chapter and as described in each carrier’s policies and procedures for determining boarding priority;
(9) disclosing cancellation policies, frequent flyer rules, aircraft configuration, and lavatory availability on the selling carrier’s website, and upon request, from the selling carrier’s telephone reservations staff;
(10) notifying consumers in a timely manner of changes in their travel itineraries;
(11) ensuring good customer service from code-share partners, including making reasonable efforts to ensure that its code-share partner(s) have comparable customer service plans or provide comparable customer service levels, or have adopted the identified carrier’s customer service plan;
(12) ensuring responsiveness to customer complaints as required by section 259.7 of this chapter; and
(13) identifying the services it provides to mitigate passenger inconveniences resulting from flight cancellations and misconnections.
(c) Self-auditing of Plan and Retention of Records. Each carrier that is required to adopt a Customer Service Plan shall audit its own adherence to its plan annually. Carriers shall make the results of their audits available for the Department’s review upon request for two years following the date any audit is completed.
17. Section 259.6 is revised to read as follows:
§259.6 Contract of Carriage
(a) Each U.S. and foreign air carrier that is required to adopt a contingency plan for lengthy tarmac delays shall incorporate this plan into its contract of carriage.
(b) Each U.S. and foreign air carrier that is required to adopt a customer service plan shall incorporate this plan in its contract of carriage.
(c) Each U.S. and foreign air carrier that has a website shall post its entire contract of carriage on its website in easily accessible form, including all updates to its contract of carriage.
18. Section 259.7 is revised to read as follows:
§259.7 Response to Consumer Problems
(a) Designated Advocates for Passengers’ Interests. Each covered carrier shall designate for its scheduled flights an employee who shall be responsible for monitoring the effects of flight delays, flight cancellations, and lengthy tarmac delays on passengers. This employee shall have input into decisions on which flights to cancel and which will be delayed the longest.
(b) Informing consumers how to complain. Each covered carrier shall make available the mailing address and e-mail or web address of the designated department in the airline with which to file a complaint about its scheduled service. This information shall be provided on the carrier’s website (if any), on all e-ticket confirmations and, upon request, at each ticket counter and boarding gate staffed by the carrier or a contractor of the carrier.
(c) Response to complaints. Each covered carrier shall acknowledge receipt of each complaint regarding its scheduled service to the complainant within 30 days of receiving it and shall send a substantive response to each complainant within 60 days of receiving the complaint. A complaint is a specific written expression of dissatisfaction concerning a difficulty or problem which the person experienced when using or attempting to use an airline’s services.
PART 399 – Statements of General Policy [AMENDED]
19. The authority citation for 14 CFR Code of Federal Regulations Part 399 continues to read as follows:
Authority: 49 U.S.C. § 40101 et seq.
20. Section 399.84 is revised to read as follows:
§ 399.84: Price Advertising and Opt-Out Provisions:
(a) The Department considers any advertising or solicitation by a direct air carrier, indirect air carrier, an agent of either, or a ticket agent, for passenger air transportation, a tour (e.g., a combination of air transportation and ground accommodations), or a tour component (e.g., a hotel stay) that states a price for such air transportation, tour, or tour component to be an unfair and deceptive practice in violation of 49 U.S.C. § 41712, unless the price stated is the entire price to be paid by the customer to the carrier, or agent, for such air transportation, tour, or tour component. Although separate charges included within the total price (e.g., taxes or a fuel surcharge) may be stated in fine print or through links or “pop ups” on websites, fares that exclude any required charges may not be displayed in advertising or solicitations.
(b) The Department considers any advertising by the entities listed in paragraph (a) of this section of an each-way airfare that is available only when purchased for round-trip travel to be an unfair and deceptive practice in violation of 49 U.S.C. § 41712, unless such airfare is advertised as “each way” and in such a way so that the disclosure of the round trip purchase requirement is clearly and conspicuously noted in the advertisement and is stated prominently and proximately to the each-way fare amount. Each-way fares may not be referred to as “one-way” fares.
(c) When offering a ticket for purchase by a consumer, for passenger air transportation or for an air tour or air tour component, a direct air carrier, indirect air carrier, an agent of either, or a ticket agent, may not include “opt-out” provisions for additional optional services in connection with air transportation, an air tour, or air tour component that will automatically be added to the purchase if the consumer takes no other action. The consumer must affirmatively “opt in” (i.e., agree) to such a fee for the services before that fee is added to the total price for the air transportation-related purchase. The Department considers the use of “opt-out” provisions to be an unfair and deceptive practice in violation of 49 U.S.C. § 41712.
21. A new section 399.85 is added to read as follows:
§ 399.85: Notice of Baggage Fees and Other Fees
(a) If a U. S. or foreign air carrier has a website accessible for ticket purchases by the general public, the carrier must promptly and prominently disclose any increase in its fee for carry-on or checked baggage and any change in the checked baggage allowance for a passenger on the homepage of the carrier’s website. Such notice must remain on the homepage for at least three months after the change becomes effective.
(b) On all e-ticket confirmations for air transportation within, to or from the United States, including the summary page at the completion of an online purchase and a post-purchase email confirmation, a U.S. or foreign air carrier must include information regarding the free passenger’s baggage allowance and/or the applicable fee for a carry-on bag and the first and second checked bag.
(c) If a U.S. or foreign air carrier has a website where it advertises or sells air transportation, on its website the carrier must disclose information on fees for optional services that are charged to a passenger purchasing air transportation. Such disclosure must be clear, with a conspicuous link from the air carrier’s homepage to the fee disclosure. For purposes of this section, the term “optional services” is defined as any service the airline provides beyond the provision of passenger air transportation. Such fees include, but are not limited to, charges for checked or carry-on baggage, advance seat selection, in-flight beverages, snacks and meals, and seat upgrades.
(d) The Department considers the failure to give the appropriate notice described in paragraphs (a), (b), and (c) to be an unfair and deceptive practice within the meaning of 49 U.S.C. § 41712.
22. A new section 399.87 is added to read as follows:
§ 399.87: Prohibition on Post-Purchase Price Increase
It is an unfair and deceptive practice within the meaning of 49 U.S.C. § 41712 for any seller of scheduled air transportation, or of a tour or tour component that includes scheduled air transportation to increase the price of that air transportation to a consumer, including but not limited to increase in the price of the seat, increase in the price for the carriage of passenger baggage, or increase in an applicable fuel surcharge, after the air transportation has been purchased by the consumer.