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What a fee-asco! Airlines often contradict themselves on surcharges

July 15, 2010

Some fees are so confusing that even airlines can’t keep track of them, according to new research by Atlanta-based TruPrice.

The company, which is researching airline surcharges for its new site, has found significant inconsistencies between the fees being quoted on some sites and those required under their contracts of carriage, the legal agreement with passengers.

“Problem is, which one takes precedence and what are the airlines legally obliged to honor?” asks Christopher Muise, TruPrice’s president. “Can consumers sue if the web page does not reflect what’s in the contract of carriage and web page fees have been collected?”


For example:

On USA 3000, here’s the stated policy on unaccompanied minors from its site:

Is there a fee when a child is traveling alone? An “Unaccompanied Minor” fee of $30 per child per flight segment must be paid in full at the time of reservation.

But wait! Later, its site contradicts itself.

An “Unaccompanied Minor” fee of $50.00 per child per flight sector must be paid in full at the time of making the reservation.

Ditto for seat selection. From the FAQ:

Does USA3000 allow me to reserve a specific seat on a flight? Yes, you may reserve a specific seat for your flight while you are booking on usa3000.com or by calling our Reservations Department at 1-877-USA3000. A $10 fee applies to each pre-reserved seat.

From USA 3000’s web page:

Seat assignments range from $9 to $25.

Sun Country’s contract says bags fly free:

Each fare-paying passenger is allowed a total of three pieces of baggage free of charge as follows: one (1) carry-on piece not to exceed more than 48 inches combined linear measurement (length + width + height) including wheels and handle and two (2) checked pieces at 50 pounds each, not to exceed 80 linear inches each.

Not according to its site, though.

The first bag is $20, the second is $30. But only if the arrangements are made online.

It gets worse. According to Muise,

This is further complicated because in the contract of carriage, Sun Country allows the two free checked bags to be up to 80 linear inches. On their web site, Sun Country states anything over 62 linear inches is an additional $75 charge.

So, your two “free bags” up to 80 inches according to Sun Country’s contract of carriage can now cost you $30 and $35 and have an additional $75 per bag if they’re over the 62 inch limit.

Confused? Me too.

Not to be outdone by the luggage, Sun Country also throws us a bowling ball. Literally.

From the site:

One (1) item of bowling equipment consists of: one (1) bowling ball, one (1) bowling bag, and one (1) pair of bowling shoes. NOTE: Items in excess of allowances will be subject to charges. The following sporting equipment will be accepted as checked baggage, but will not be included in determining the free baggage allowance. These items will be subject to a specified charge per item.

From the contract:

Bowling Equipment:
Will be accepted as checked baggage and will be included in determining the baggage allowance and when
in excess, will be subject to the excess charge for a single piece whether or not presented as a single piece.
For the purpose of this provision one item of bowling equipment is defined as one or two bowling balls,
bowling bag and one pair of bowling shoes.

The good news is that these contradictions appear to be limited to smaller, discount carriers. Something to be aware of the next time you fly.

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

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7 comments

  • Josh

    And that’s why I don’t fly the smaller discount carriers.

  • http://www.rentersinsurance.org/ Eric A.

    I’ve found that most of my flying experience depends on the airport staff I deal with that day. Sometimes they are very accommodating and will allow overweight or too many bags free of charge. I’ve also had to open my bag and take a t-shirt out because it weighed in 1kg over.

  • http://www.cosmo-and-me.blogspot.com Cosmos Human

    I really hate airlines who nickel and dime me and seems congress does too! The IRS is pretty interested in why the airlines are not paying taxes on all this extra revenue.

    Maybe not everyones favourite airline, but I like Southwest!

  • Logan

    The Contract of Carriage should be what the final word is. I could see somebody getting away without baggage fees on Sun Country… anyone apt to try?

    I, too, prefer Southwest whenever possible.

  • Joe Farrell

    @Cosmos – the IRS is not interested at all on the fees being collected by the airlines – the airlines lose money all the time thus income tax is not that interesting to the IRS since if they are losing money there is no tax paid.

    The US DOT is VERY interested in the fees they collect because there is some argument over whether the fees are taxable under the transportation tax – I would believe that the bag fees probably are – as are the seat selection fees – anything else probably isn’t . . .

  • Kevin Morgan

    My guess is that originally, the airlines’ websites and their contracts of carriage were in sync throughout, and as changes have taken place (with the institution of fees for almost everything), inevitably one part of things gets updated while another part does not.

    My guess would be, if you purchase a ticket, and it states that it incorporates the contract of carriage terms, then those terms would govern. In fact, I suspect the contract of carriage even includes language to the effect that in the event of a conflict, the contract trumps any promotional information, etc. that might be shown elsewhere.

    The problem, however, is that you’re likely to only encounter opposition to enforcing the contract (as it applies to baggage fees, for instance) when you’re checking in. You say the contract allows 2 checked bags for free, they tell you the policy is you pay for each bag, and with an hour or less to make your flight, they have time on their hands. If they simply refuse to take your bags without the fee, you’re stuck (even appealing to a supervisor on-site may take more time than you have).

    And once they have your money, good luck at getting a refund without a lawsuit. Of course, if an airline has been charging fees for checked bags for a year, and the contract of carriage all that time has said “2 free bags”, one might have a shot at making it a class action suit, forcing the airline to cough up all the checked bag fees it collected illegally. But then, attorney fees would eat up half of whatever was won, or more.

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