Discuss effect of the third party ticket sales for airlines

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Reference no: EM133393669

Case Study: Twenty two passengers filed suit against Spirit Airlines for breach of contract. The passengers, who booked their flights through Cheapoair, Expedia, Priceline, and Travelocity, claimed that they were blindsided by carry-on bag fees because they were not made aware of those fees before they bought their tickets.

At the district court level, Cox v Spirit Airlines, Inc, 340 F.Supp. 3d 154 (E.D.N.Y.2019), the court dismissed the suit on the grounds that the federal airline deregulation act (ADA) preempted the passengers contract claim because their claim was based on something beyond the face of their so called contract of carriage. In other words, the rates that the airline has filed with the deferral government are the permissible fees that can be charged under the ADA. Further, the ADA does not permit state law to preempt the provisions of the act that permit airlines to charge such fees as they have filed for their carriage rates.

Question: The court held that the passengers were trying to impose their understanding of what was free as opposed to what the airline had defined it to be through its public filing. What should the court decide? Be sure to consider what the consequences will be if the suit goes forward. Discuss the effect of the third party ticket sales for airlines.

Reference no: EM133393669

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