A few weeks ago, you wrote
about the Department of Transportation rule requiring travel agents
to explain code-sharing arrangements in detail, on pain of being
fined up to $25,000 per violation ["Disclosure is key
to avoiding code-share fines," March 15]. Are there any other
DOT rules that agencies must obey when they sell airline tickets?
If so, what is the penalty for violation?
A: There is an analogous rule for so-called
"change-of-gauge" services. A violation can bring a fine of up to
$25,000 per incident, but as far as I know, the DOT has never
enforced the rule against a travel agency.
As in the case of the code-sharing rule, the DOT has decided to
permit an inherently fraudulent airline practice, as long as the
travel agent explains what really is going on.
Change-of-gauge services are connecting flights that are held
out to the public as though they were actually one-stop flights on
the same airplane. Airlines are allowed by the DOT to advertise
change-of-gauge services as though they were direct flights, using
the same flight number.
Despite the use of the word "gauge," the rule applies not only
to switching sizes of aircraft en route but also to connecting
flights using the same type of airplane.
For example, there is a red-eye flight on American, AA 2408,
that leaves Los Angeles at 1 a.m. and arrives in Nashville at 8:15
a.m. The flight is held out to the public as a one-stop flight
through Dallas/Fort Worth, arriving there at 5:49 a.m. and
departing at 6:34 a.m.
It sounds like a one-stop where you can stay asleep, but
passengers must trot at dawn to a distant terminal to make the
close connection (from one MD-80 to another) to Nashville. If
passengers knew the truth, they might look for more convenient
connections.
The DOT requires agents to provide passengers using
change-of-gauge services like these flights a written notice
explaining that the direct flight is really a connecting flight
held out under a single flight number. The notice is 100 words long
and must be delivered in written form to the traveler.
For a copy of the required notice, go to www.pestronk.com/changeofgauge.html. The rule requires
airlines to make the same disclosure, but if you look up the above
example on AA.com,
there is not a word about changing aircraft.
Mark Pestronk is a Fairfax, Va.-based attorney specializing
in travel law. He answers your questions in the TravelWeekly.com
Legal Ease forum. To contact Mark directly, e-mail him at [email protected].