2008-08-13

Why I Refused To Pay American Airlines' Baggage Fee - And Prevailed

I had just spent nine days backpacking with friends in the high Sierra, spending the most of that time well above 10,000' enjoying the world free of the complexities of modern civilization.

Then I arrived at Fresno Airport (FAT) to begin my trip back home only to reminded exactly how ugly air travel has become.

My ticket was issued by Delta Air Lines. I flew to Fresno on Delta operated flights via SLC. However, my return journey included a hop from FAT to LAX via a Delta codeshare flight operated by American Airlines' subsidiary, American Eagle. American has a new checked baggage fee policy, $15 for the 1st bag, $25 for the 2nd. Delta Air Lines on the other hand, does not charge for the first checked bag. Furthermore, they allow up to three free checked bags for their Medallion members, which I am.

I arrived at the American Airlines counter a full one hour and 45 minutes before my scheduled departure time. During my 30 minute wait in line, I glanced at the signs announcing their baggage fee (which were all over the place) and wondered if I was going to have to deal with this issue.

Surely enough when it was my turn at the ticket counter, upon declaring that I have two bags to check (each under the 50lb threshold) the agent wanted to collect $40. I pointed out that my ticket was issued by Delta Air Lines, and that I was booked on a Delta flight number (albeit code share), and not an American Airlines flight. I further explained that since my ticket was issued by Delta Air Lines, that their CONTRACT of CARRIAGE prevailed.

As you would expect, the ticket agent would hear none of it and just gave me a blank stare, asking for $40.

I pulled out my Passenger Receipt and and Itinerary issued by Delta and pointed out the following two paragraphs written on the back, under CONDITIONS OF CONTRACT:

“Delta Baggage Policy for Domestic and International Travel. [ ... ] Delta will accept of a maximum of one (1) checked bag free of charge for each ticketed passanger for Domestic travel within the U.S., Virgin Islands and Puerto Rico. [ ... ]”



...and...

“11. No agent, servant of representative of carrier has authority to alter, modify or waive any provision of this contract.”


Note: While the CONDITIONS OF CONTRACT clearly state one (1) bag free of charge for domestic travel, Delta's policy for Medallion members is three (3) free bags. I was willing to settle for one and pay $15 for the other had your agents been willing to follow the letter of this contract, understanding that the latter may be a priveledge that is not expressly extended in this agreement.

At this point the ticket agent barked “Sir, if you want to get on the flight, you will pay the fee.” She then tried to shove me asside to check in other passangers in-line, no doubt she would have ignored me until the flight left without me. I replied that I "do mind" stepping aside and will not do so until he checks me in. I also explained that her trying to charge me a fee that is expressly against the CONDITIONS OF CONTRACT that I held amounted to a breach of contract. As you may expect, airline ticket agents are clueless to this.

We even got her supervisor at the ticket counter involved. He was professional, checked some things on his computer, but was unrelenting. Pay or don't go.

I was having none of it.

I proceeded to call Delta Air Lines. I discussed the situation with the agent on the phone who brought in her supervisor. The Delta supervisor confirmed to me that American Airlines should not be charging me the baggage fee under the codeshare agreement and requested that I hand the phone over to the supervisor at the ticket counter in Fresno so that they could speak. At this point I had spent 27 minutes on the phone with Delta and had a mere few minutes left before American's "30 minute computer controlled check-in cut off".

Finally, after 10 minutes on my phone, out of view in the back office, the AA supervisor emerged and proceeded to check me in and to check my bags, without charge. He grumbled something about having to “send an email to corporate” but was otherwise professional. At this point however, there remained only 20 minuntes until scheduled departure time, well within their “30 minute computer controlled cut-off” as the signs at the counter clearly screamed. I was still at the ticket counter.

I hastilly took my now tagged bags to TSA screening, informed them of my impending departure and they graciously agreed to screen them next, ahead of the pile they already had. Fortunately there was no line at the TSA security check point. As I placed my items onto the X-ray machine, the PA system announced my name as being late for the flight, which was about to depart. When I finally managed to run up to the gate, the gate agent was just walking to the door to close out the flight. As I boarded the plane, I saw my bags on the conveyor being loaded into the cargo hold.

In summary, I arrived almost two hours in advance of the flight only to be endlessly hassled by ticket counter agents over a $40 “nickel and diming” procedure which I'm sure enfuriates every customer. Their ignorance of CONDITIONS OF CONTRACT and codeshare agreements is representative of poor training. I almost missed the flight and was frustrated and disgusted with the experience.

Given this experience, combined with American Airlines' policy for charging for checked luggage, I can be very definitive in stating that I will avoid American Airlines at all costs. I will not only ensure that I am never again placed in such a tenuous “code share” situation, but will also be sure to avoid purchasing any tickets on American Airlines directly. I further plan to publicize this situation to my corporate travel department, my friends, family and colleages, send copies of this letter the the media, and publicize on Internet discussion forums such as flyertalk.com, and of course here.

It was a very unpleasant way to end an otherwise fantastic vacation.

I have since then followed up with 10 letters of complaint to various departments and executives with American Airlines and American Eagle, 4 to Delta Air Lines, one to the Consumer Protection Division of the U.S. Department of Transportation and copies to the Wall Street Journal, New York Times and American Public Media's Marketplace.

12 comments:

Anonymous said...

Buy you are just plain wrong. You were not flying on Delta, you were flying on American!!!

TranceMist said...

Anonymous - you completely missed the point. See CONDITIONS OF CARRIAGE and CONDITIONS OF CONTRACT.

American was a subcontractor to Delta in this case. My contract was with Delta, not American.

Anonymous said...

Trance - you are wrong. You clearly didnt read the contract fully, see below from Delta:

J. Governing Rules for Domestic Codeshare Flights
When the passenger’s travel involves flights operated by a Delta domestic codeshare partner other than a Delta Connection carrier, the baggage rules of the carrier operating the first segment of each one way trip will govern for the purposes of determining baggage acceptance policies and applicable baggage fees.
Notwithstanding the foregoing, the baggage liability provisions set forth above shall govern the liability of Delta and/or any Delta Connection carrier with respect to any transportation subject to this contract of carriage.

TranceMist said...

They can write whatever they like on their website, I was going by the contract I had in hand. That contract btw, specifically said it could not be altered (item 11).

Anyway, the point is moot as I prevailed and they didn't get to charge me their fee.

TranceMist said...

btw - my backup strategy was to have DL rebook me on one of their own flights via SLC, bypassing AA altogether. I had already discussed this with an agent. There is no way AA was going to charge me a bag fee.

Anonymous said...

So here you say...


“Delta Baggage Policy for Domestic and International Travel. [ ... ] Delta will accept of a maximum of one (1) checked bag free of charge for each ticketed passanger for Domestic travel within the U.S., Virgin Islands and Puerto Rico. [ ... ]”



...and...


“11. No agent, servant of representative of carrier has authority to alter, modify or waive any provision of this contract.”

However, you don't understand what codesharing means. AA was your operating carrier, not Delta. Just because Delta issued the ticket doesn't mean Delta's baggage policies apply.

Glad you didn't have to pay the fee, but the agent should not have allowed you to have the fee waived. The DL rep was mistaken on the phone.

TranceMist said...

Anonymous - I assert that you do not understand what a contract is.

Delta can subcontract to whomever they want and call it whatever they want (i.e. code share), but the bottom line is that they were bound by a contract with me that I held in my hand, and that contract did not provide for charges by 3rd parties.

If American wants to charge baggage fees, they can charge Delta directly, because that's the only party with whom they actually had a a contract at this point.

Seth said...

Yes, American Eagle is a subcontractor to Delta. But Delta actually has a specific clause in the contract that you keep harping on that says you are wrong.

Was the contract you had in hand the most current one? And did the version you have also include the paragraph regarding the codeshare flights? Or are you only reading the paragraphs that support your position/claims?

You should stop your letter writing campaign. You were (and continue to be) wrong, though at least you saved the $40. Congrats. You're a great and amazing person. You fought your way out of a fee that you were liable for. I'm amazed and supremely impressed by your amazing skill and level of diplomacy.

Anonymous said...

Trancemist - good for you. Screw the checked baggage fee, it's ridiculous. Flying has become nothing but a hassle. Too much bureaucracy and not enough common sense. TSA, Homeland security, Airlines. It's a miracle anybody gets anywhere with any degree of efficiency. At the bare minimum the first bag should be free. I'd be much more willing to accomadate a fuel surcharge than a checked baggage fee. Hello, I am not going to go anywhere and not need clothes. I'd love to carry on my backpacking gear, but can't - oh that knife - oh the canned fuel. You shouldn't have to be an expert in codeshareing - that isn't your job. Doesn't even sounds like a fun hobby. You purchased a ticket, obviously read with the rules comprehension. It is the airlines job to make those facts known. I agree with 100 percent, if they want the fee, they need to send a bill to Delta. Obviously they are making money off this deal somehow, if not, that is for their organization to go back and renegotiate. Urgh. Good for you. They were trying to move you aside? Ridiculous!

Anonymous said...

Same thing happend to us returing from a wonderful vacation in Yosemite this year. You might want to add US Airways to your list of airlines you won't be flying with in the future, although we did fly with them again...they had the lowest price and conviniant connections.
We booked the flight in May for October with United, the canceled their flight, moved us on Delta, who canceled their flight but nobody notified us. Then in the airport after discussions with United and Expedia and talking to supervisers, Delta booked us a US Airways flight. They charged us 15$ per bag plus 15$ seat charge on an almost empty aircraft...US Airways had 4 incompetant employees staring at a screen for 2 hours at checkin because tickets were issued under the same name, they couldn't figure out how to change this even with the help desk on the phone. We rushed to the gate where we were screened and the contents of our carry ons was inspected because our tickets were issued on such short notice, even if we both them in May, right?...at the gate the lady from checkin was supposed to meet us and hand us the boarding pass from the connection to the destination. She arrived 5 minutes before the plain left and we got home, paid a total of 60$ extra and had 3 hours total wait time at the airport....:(( On the plain US Airways charges 2$ per bottle of water (0.33ml) and 1$ per coffe or tea....
Ugly air travel indeed...but hey! welcome to civilazation

Anonymous said...

Seth, you're a douche bag. You're either a representative of American Airlines doing some vigilante reverse marketing, or are just another complacent lemming content with being another cog in an unfair system.

mikehedge.com said...

wow... sounds like my travels... glad you made the plane!

Mike