Aviation has been one of the main focuses of the Biden administration that has been seeking to make the industry in the United States fairer and more transparent for passengers. After making it mandatory for airlines to offer cash refunds instead of vouchers and cracking down on fee transparency, with just a few months left in office, the President is continuing his pursuit by proposing new rules that will charges for seating together when a family has children.
1. Flying with children
Proposed on 1 August as part of the administration wider mission of ending what it calls “junk fees”, the rule would require airlines to seat parents next to their young children for free when adjacent seating is available at booking. Mandating fee-free family seating could save a family of four as much as $200 per roundtrip if seat fees are $25, the US Department of Transportation (DOT) argues.
“Many airlines still don’t guarantee family seating, which means parents wonder if they’ll have to pay extra just to be seated with their young child. Flying with children is already complicated enough without having to worry about that”, said US Transportation Secretary Pete Buttigieg.
Not only would airlines have to seat parents next to their children (13 years old or younger) when adjacent seats are available, but they would need to fulfil this requirement within 48 hours of when the booking is made. The proposal also defines adjacent family seating as seats next to each other in the same row and not separated by an aisle. Airlines would also be required to make adjacent family seats available in every class of service and prohibited from defining class in a way that limits availability of family seating, such as structuring basic economy to consist of only middle seats.
In situations where it is impossible to provide adjacent seating for multiple young children, airlines would be required to seat them across the aisle from, directly in front of, or directly behind the parent or accompanying adult. However, if directly adjacent seats are not available, airlines would be required to provide passengers the choice between receiving a full refund or waiting for family seating to become available later. If a passenger chooses to wait and adjacent seats do not free up before other passengers begin boarding, an airline must give families the option to rebook for free on the next flight with available family seating or stay on the flight in seats that are not adjacent.
Under the proposed rule, airlines would be required to disclose clearly and conspicuously that passengers have the right to fee-free family seating. This includes disclosing on their public-facing online platforms and when a customer calls the airline’s reservation center to inquire about a fare or to book a ticket. The disclosure is also required to specify any airline requirements for check-in and boarding that may impact the ability to secure adjacent seats.
2. The Junk Fee Prevention Act
Airlines are just one part of the so-called Junk Fee Prevention Act, which targets businesses like banks, entertainment providers and even television, phone and internet services for hidden or undisclosed fees, such as unfair subscription cancellation fees. For airlines specifically, the new rules require carriers and ticket agents to tell consumers upfront what fees they charge for a first or second checked bag, a carry-on bag and for cancelling or changing a reservation. The aim is to help consumers avoid unneeded or unexpected fees that can increase quickly and add significant cost to what may, at first, look like a less expensive ticket.
Arguing that seeing fee transparency would confuse customers, that the regulatory changes would require airlines to “spend millions” to update their websites, costing money that could be spent elsewhere and that “DOT’s attempt to regulate private business operations in a thriving marketplace is beyond its authority”, several major airlines have challenged the rule in court.
Now, a panel of three judges on the Fifth US Circuit Court of Appeals have granted the airlines’ wishes and placed a temporary block on the introduction of the new rule, which it says, “likely exceeds DOT’s authority and will irreparably harm airlines.” The introduction of the rule change will now be delayed until the case is reviewed at an oral hearing.
