Airlines ask DOT to dismiss complaint

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WASHINGTON -- Six airlines asked the Transportation Department to dismiss an ASTA complaint that accused the carriers of misleading consumers by not including fuel surcharges in the fares on some CRS displays.

ASTA filed the complaint in February, amending an earlier brief in which it argued the airline commission cuts are part of a systematic plan by the carriers to force agents out of business so that they can control the distribution of airline tickets and limit the public's access to unbiased fare information.

The Society also sent a letter to the DOT asking it to investigate the airlines for not including the fuel surcharge in CRS fare displays.

In their separate responses, American, American Trans Air, Continental, Midwest Express, United and US Airways all said the ASTA complaint should be dismissed because fare displays on CRSs are beyond their control. United, in its response, seemed particularly exasperated by the ASTA charges.

The complaint, United said, was "the third time in the last six months that the Society has accused United and other carriers of unfair or deceptive practices."

United said that although it "understands that travel agents are deeply concerned about changes in the airline commission policies and distribution practices ... [that does not] justify ASTA's repeated efforts to assuage its members' concerns by filing unfounded complaints against United's (and other carriers') legitimate business practices."

United said it "bears no responsibility for the CRS fare displays that are at the root of ASTA's claims; [therefore] the complaint fails as a matter of fact and law."

The other airlines followed the same argument in their responses. US Airways said the carriers were within their rights because the DOT permits airlines to impose surcharges "so long as the total price ... is disclosed before a fare is booked or in a fare advertisement."

US Airways added, "Limitations in CRS architecture and functionality do not always make it possible for a CRS to display on an initial screen all possible charges and conditions that apply to various fares."

Like US Airways and United, Midwest said it "cannot and does not 'dictate' to CRS vendors the format or content of their reservation systems."

For its part, American said ASTA's contention that it is misleading agents and consumers by not including fuel surcharges on Fare Shop CRS screens, which list fares for all carriers, and Fare Quote, a list of fares for a single carrier, "lacks merit."

American said such fare displays on the CRS typically "do not show the total fare ... because applicable taxes, fees and surcharges vary by airport or itinerary."

Furthermore, American said travel agents are professionals at using CRSs, which consumers generally do not see.

American said, "Agents know that the primary fare displays in CRSs do not contain all relevant information."

Consequently, Continental said, "ASTA's complaint should have taken the form of a complaint to CRS vendors, not a complaint against Continental and other participating carriers that have no influence over the displays on CRSs."

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