COMMENT PERIOD OPENS FOR POTENTIAL RULEMAKING ON REFUNDS OF BAGGAGE FEES FOR DELAYED BAGS
November 7, 2016
DOT is soliciting public comments ahead of publishing a proposed rule that, if enacted, would require airlines to refund checked baggage fees when they fail to deliver bags in a timely manner. The FAA Extension Act of 2016 provides that DOT shall issue a final rule within one year of the enactment of the Act that requires U.S. and foreign carriers to promptly provide an automated refund for any ancillary fees paid by the passenger for checked baggage – if the carriers fail to deliver the bag to passengers within 12 hours of arrival for domestic flights and within 15 hours of arrival for international flights, if the passenger notifies the carrier about the delayed or lost baggage. DOT is seeking comment to help it determine the appropriate length of delay that would trigger the refund requirement, and this ANPRM will ultimately result in a requirement that airlines refund consumers’ baggage fees when their luggage is “substantially delayed”. Specifically, the Department seeks comments on how to define a baggage delay, and the appropriate method for providing the refund for delayed baggage. Interested carriers will have a chance to comment before a Final Rule is issued.
Comments are due by November 30, 2016.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).