Guidance on Disclosure of Policies and Charges Associated With Checked Baggage; Notice, 28854 [E8-11103]

Agencies

• Office of the Secretary
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 97 (Monday, May 19, 2008)]
[Notices]
[Page 28854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11103]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Guidance on Disclosure of Policies and Charges Associated With 
Checked Baggage; Notice

    This notice is intended to give guidance to air carriers and 
foreign air carriers on disclosure of carrier baggage policies and 
associated fees in connection with checked baggage. The general 
industry practice until recently has been to allow passengers two free 
checked bags, generally of up to 50 or 70 pounds each. Several air 
carriers have recently adopted policies of charging passengers an 
amount, in addition to the fare already paid, for any checked baggage 
or for more than one checked bag. Some of these policies imposing 
charges for checking a second bag add $25 to the cost of a passenger's 
trip while others may add far greater amounts for checking a single 
bag, either because it is overweight or because the carrier has 
different fares based on whether a passenger checks bags and the number 
he or she checks. A number of others have announced plans to implement 
similar policies.
    The Department's long-standing policy has been to require carriers 
to clearly disclose significant conditions applicable to air fares. 
Failure to disclose such conditions has been considered an unfair and 
deceptive practice and unfair method of competition in violation of 49 
U.S.C. 41712 and where warranted the Aviation Enforcement Office has 
taken enforcement action against carriers who engage in such practices. 
The Aviation Enforcement Office considers such significant conditions 
to include limiting passengers to fewer than two free checked bags of 
the size and weight that have generally been free on the carrier in the 
past and to assessing passengers a charge in addition to the air fare 
for such checked baggage. Therefore, it is important that carriers 
provide prominent and timely notice of these baggage policies and such 
charges.
    To meet the requirements implicit in 49 U.S.C. 41712 with respect 
to Internet advertisements, air carriers and foreign air carriers 
should place a notice regarding the above-described additional baggage 
charges on the first screen in which the carrier offers a fare 
quotation of a specific itinerary selected by a consumer. This notice 
should appear if the carrier imposes an additional baggage charge for 
one or two checked bags. The notice may consist of either (1) an 
asterisk or similar character in close proximity to the fare quotation 
referring to a statement on the same screen that ``additional baggage 
charge may apply,'' or (2) a more detailed summary of the baggage 
charges on the same screen as the fare quotation. In either case, the 
text should contain a hyperlink to a full description of the carrier's 
baggage policies.
    In print advertisements, an asterisk or similar character in close 
proximity to the fare quotation should refer the reader to a succinct 
statement of the baggage policies and charges. This statement may 
appear in typeface smaller than the rest of the advertisement and be 
placed, for example, along with the summary of other significant 
conditions and all fees and taxes which currently may be separated out 
from the base fare. Furthermore, in order to ensure compliance with 49 
U.S.C. 41712, airline reservations agents should disclose these baggage 
charges and limitations during telephone or counter sales prior to 
completing a sale.
    Internet displays and airline agents should also make clear when 
the added charges or revised policies are to take effect. 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.
    With respect to fares that are purchased at the time of an 
advertisement for future travel after new baggage policies and charges 
are planned to take effect, carriers should place a notice on their 
home Web site screen highlighting the new policies and charges. Similar 
notices should appear in print advertisements relating to fare 
offerings applicable to future travel that is subject to new baggage 
policies and charges.
    This disclosure guidance's applicability, it should be noted, 
extends to ticket agents. Questions regarding this notice may be 
addressed to the Office of Aviation Enforcement and Proceedings (C-70), 
U.S. Department of Transportation, 1200 New Jersey Ave., SE., 
Washington, DC 20590.
    An electronic version of this document is available at https://
www.regulations.gov.

    Dated: May 13, 2008.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings.
[FR Doc. E8-11103 Filed 5-16-08; 8:45 am]
BILLING CODE 4910-9X-P