Is the Airlines' New Second-Bag Fee Fair to Those Who Bought Their Tickets Pre-Fee?
Whistler has great skiing in summer, but if you fly there carrying your own skis, you'll likely need to pay at least $50 in fees.
Photo: Randy Lincks, Whistler Blackcomb
by Wendy Perrin
Every major U.S. airline has just begun, or is about to begin, charging $25 each time you check a second bag. But should that fee--which amounts to $50 round-trip--apply to travelers who bought their tickets before the fee existed?
A friend who is an expert skier who coaches kids is traveling with a group of 57 to their annual ski racing camp at Whistler in July. For this group--which consists of 3 other coaches, 14 high-school/college-aged counselors, and 40 kids age 9 through 13--luggage is a major factor: The campers each must bring two pairs of skis, plus the coaches and counselors carry another 35 to 40 pairs of next year's skis for testing, plus 400 pounds of gear including racing gates, timing systems, etc.
The group is flying from JFK to Seattle, then bussing up to Whistler. In February when they bought their tickets, Delta's policy was that you could check two 50-pound bags for free (and pay extra for any excess weight). With Delta's recent policy change, however, now each camper will be charged at least $50 round-trip, if not $160 round-trip (since the fee to check a bag weighing between 50 and 70 pounds is $80 each way, and a camper's second bag can easily exceed 50 pounds). The camp is not a commercial venture--nobody is getting paid or making a profit--so the teachers will now get stuck with an enormous extra bill.
Here's what my friend wants to know: Since Delta's policy at the time the tickets were bought was two free bags, shouldn't that be the policy that still applies? A Delta spokesperson we contacted says absolutely not: Fuel costs have gone up since February, and the airline is forced to pass the extra cost along to customers. My friend finds that argument unacceptable: "If fuel costs had gone down since February, would Delta have charged me less when I travel in July? No! Delta is trying to make a profit after the sale and contract have closed."
I've been waiting for Delta's blog to weigh in (pun intended) on the new second-bag fee. Interestingly, the airline is NOT charging this fee to first- and business-class passengers or those with elite Delta Skymiles status. Instead, in this case, it's charging youngsters who are less likely to be able to afford it.
What do you think? Is the airlines' new second-bag fee fair to people who bought their tickets before the fee was announced? Just click on "comments" below--and any suggestions for my friend are welcome.
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I haven't followed the 2nd bag fee changes too closely, but seem to recall that Delta is waiving the fee on tickets purchased between Feb 4 and April 4.
So the issue only arises for those who purchased travel prior to Feb 4. Consumerist pointed out that for such people this is a material change to the terms and conditions which would entitle a passenger to a full refund of their ticket.
Of course, one should compare the price paid for the ticket to the current price of alternate accomodations before attempting...
It would also make for an interesting credit card dispute after the fact. Sure, folks will sign whatever vouchers are required to get Delta to carry the bags per the policy in force at the time travel was purchased. Whether or not one ultimately prevails this still seems like a fun one to pursue -- and one that would wind up costing Delta far more than the excess baggage charges.
In addition to credit card disputes, there's always (1) DOT complaints (2) FCC complaints (since the charge wasn't disclosed at time of purchase, and if the tickets were purchased by phone) (3) complaints with the state attorney general (consumer fraud) and (4) Better Business Bureau.
And if all of the above aren't enough, and if the credit card dispute isn't successful, there's always small claims court...
Or maybe an attorney reading this blog might choose to pursue a class action? :) :)
Posted by: gleff | May 05, 2008 at 01:51 PM
At that price it may be less expensive to ship them to the destination instead of taking them to the airline.
Most airlines are honoring the 2nd bag if the ticket was purchased before the announcement, but I am not sure about Delta. I would certainly bring proof of the date the ticket was purchased - I bet there will be trouble at check in for a lot of people!
Posted by: lorib | May 05, 2008 at 02:18 PM
I agree it is not fair. I would certainly be trying to get a fee exemption before the flight - either through Delta changing it's rules (unlikely unless there is enough public fuss), or by written exception. If they get an exception authorised be sure to get it in writing, ask that it gets annotated to their record, and bring a print out with them to check in.
As for getting the exemption - good luck.
Posted by: TheGlobalTraveller | May 05, 2008 at 03:27 PM
It's certainly not fair to impose new fees on travelers after they've purchased tickets. Most airlines seem to realize this. Northwest, for example, clearly states that it is only imposing baggage fees on travelers who purchased tickets after March 29 for travel on or after May 5, and US Airways has a similar exemption for tickets issued before Feb. 26. It seems to me that an exemption like this is the only fair way for airlines to impose a new fee.
But you're right, Delta's baggage policy page doesn't say a thing about ticket issue date exemptions.
If you're curious about all the checked bag surcharges and how they compare from airline to airline, you can check out our page on it over at the Kayak blog:
Checked Bag Airline Surcharge Chart
Posted by: kayak1 | May 05, 2008 at 07:02 PM
I wonder if they have considered the extra time, lines, and delays this will cause with that many more people needing to make a payment for their 2nd bag. Now, most of the people who previously used online check in or kiosks will have to GET IN LINE making the whole process even longer than it already is.
Posted by: LizDuffy | May 06, 2008 at 11:25 AM
See this interesting related post on Points Wizard:
http://boardingarea.com/blogs/pointswizard/2008/05/05/deltas-new-baggage-fee-is-retroactive/
Points Wizard suggests that certain Delta passengers stuck with the second-bag fee consider sending the airline an "executive email carpet bomb."
Posted by: WendyPerrin | May 06, 2008 at 11:37 AM
I interviewed Jon Trevelise, CEO of SportsExpress.com for a piece on taking the stress out of travel.
Originally conceived to eliminate schlepping golf clubs from airport to resort, Sports Express has expanded its niche to include luggage delivery. The Colorado-based company will ship everything from suitcases, to kayaks or skis to your destination. No more waiting at the over-sized baggage claim for your equipment that never arrives.
SportsExpress.com (800) 357-4174
Nancy Brown
Posted by: WhataTrip | May 06, 2008 at 08:28 PM
I purchased two Delta Airline tickets for myself and my young son in January for travel in June. Then, this week, I learn via the News about Delta's new unfair policy regarding 2nd checked bags. (Delta didn't even attempt to notify their customers). The increase will cost me $100.00 roundtrip for myself and my son. I contacted the Airlines by phone and e-mail but they remain firm - no allowance or waiver will be permitted even though the baggage guidelines when I purchased the tickets provided the 2nd bag at no charge. To me, this is a clear case of fraud. So, I contacted the U.S. Department of Transportation and filed a complaint. Since then, this agency has posted the following publication on their website dated May 18, 2008:
"In no case should more restrictive baggage policies or additional charges be applied retroactively to a consumer who purchased his or her ticket at a time when the charges did not apply, or when a lower charge applied. Whatever the contract of carriage provides regarding free baggage as of the date of each ticket sale is binding on the carrier. The Aviation Enforcement Office considers any carrier practice that violates its contract of carriage provisions to constitute an unfair and deceptive trade practice in violation of 49 U.S.C. § 41712".
What is Delta Airlines thinking? I advised them of my latest findings and now they've stop responding at all - just silence. I can't believe that they think that they can get away with this.
I'm filing complaints with any agencies that might be able to assist and I encourage others to do the same.
Shame! Shame! Shame on you Delta!!!
Posted by: ssshifflett | May 22, 2008 at 11:59 AM
Much like ssshifflett, I have had the same experience with Delta.
My wife and I purchased two round-trip tickets in March for a flight in June. We just checked with Delta and, sure enough, they steadfastly refuse to provide a waiver of the $25 2nd bag fees for our upcoming flight. I made several phone calls to "customer care" and emailed corporate only to receive the same refusal to provide a waiver. I argued that this fee is tantamount to raising my ticket prices after purchasing the tickets since we specifically made the Delta reservations knowing we would need two bags each. Of course, at the time of purchase, those two bags were still one price.
Anyone want to join a class action suit? My wife is an attorney and we've joked about that one. I think I'll try filing a complaint with government agencies first.
Tom
Posted by: tkrews | May 28, 2008 at 04:30 PM
I just hung up with Delta customer service. I inquired about the baggage fee and the service agent read some canned script. When I commented that this was a change in the contract of carriage and requested a refund, she said she would put me through. Well, after waiting for far too long (it actually sounded as if I'd been disconnected--there was no music, no commercials, etc.), I gave up. Is there any recourse? Does contacting the Department of Transportation help??
Posted by: ann_64 | June 01, 2008 at 10:12 PM
It's hard to keep up with the changes happening with all the carriers. I'm a hotel concierge and found a great website that has been a wonderful resource for me. Unlike other bag fee websites, they have all the major US carriers & also many of the international carriers.
~Star
http://airlinealacarte.com
Posted by: starburst | September 26, 2008 at 10:04 PM