Q: I was very surprised at the Department of Transportation's (DOT) recent, hefty fines against Liberty Travel, AAA and STA Travel for codeshare rule violations. What, exactly, do we have to do to ensure that we comply with the rule? I was even more surprised when the DOT's press release quoted the secretary of transportation as saying that "when passengers buy an airline ticket, they have a right to know which airline will be operating the flight." After all, isn't it the DOT that authorized the shell game of codesharing in the first place? It seems as if the department should be pointing the finger at itself, not travel agencies.
A: I have never understood the point of codesharing other than to dupe the consumer into thinking that less-preferred Airline A was really more-preferred Airline B, even though Airline A operated the flight. Realizing the potential deception inherent in codesharing, the DOT has tried to have it both ways: to authorize the practice, on the one hand, but to put the burden on travel sellers to reveal the truth to the consumer, on other hand.
If I want to fly from Atlanta to Nashville, I know that Delta will be operating the flight, but I have no clue as to why the flight board at the gate lists the flight as a Korean Airlines and an Aeromexico flight, as well, except to irritate frequent travelers and confound infrequent ones.
If I want to fly from Atlanta to Paris, I know that every Delta flight is also listed and sold as an Air France flight. I don't know why the government allows such confusion that no doubt makes travelers think they are flying Air France when they go to the airport, only to find that they are on Delta.
I understand that a smaller commuter airline wants to pass itself off as the carrier carrying its name, but I fail to understand why the DOT sanctions such a practice. The only exception should be the case where the major owns and controls the commuter.
So I, too, was surprised by the secretary's quote, which seems ironic. Rather than go after travel agencies, the DOT should outlaw codesharing altogether.
Until the DOT does what it should, here is what you need to do: Whenever your agent (employee or independent contractor) has any communication with a client (oral, written or electronic) that presents one or more flight options, you must disclose the corporate name and the business name of the carrier physically operating the flight.
For example, you must say "Delta 5678 is operated by ExpressJet doing business as Delta Connection." Note that you must say both "ExpressJet" (the corporate name) and "Delta Connection" (the business name).
For codeshare between major carriers, you can just give the business name. For example, you can say, "Delta 8765 is operated by Air France." When the trip has multiple legs, you must do the same for each leg.
Agencies with GDS can get this information right on the screen. Agencies without GDS need to be careful, as you must be accurate even if your information source is not.
The DOT found violators by making anonymous test calls to agencies. It may look for more agencies to fine, so don't be a victim.
Mark Pestronk is a Washington-based lawyer specializing in travel law. To submit a question for Legal Briefs, email him at [email protected].