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February 3, 2014

Full Refunds Not Always Guaranteed at JetBlue if Canceling a Flight Within 24 Hours

Filed under: Internet,Travel — Edgar (aka MrConsumer) @ 5:50 am

  The airlines don’t like to publicize it, but starting in 2012 the Department of Transportation required US airlines to make refunds to passengers who cancelled their non-refundable tickets/reservations within 24 hours of making them.

That is a great consumer right.

One New Yorker, however, needed to take an emergency flight in the next day or two, so he bought a ticket on JetBlue. His plans shortly changed, and within 24 hours he contacted JetBlue to cancel the reservation. They said he did not qualify for a full refund. What?

JetBlue’s contract of carriage states this:


“Following receipt of payment from a Passenger, JetBlue will allow a reservation to be held at the quoted fare for 24 hours, if the reservation is made at least one week prior to the flight’s departure. [Emphasis added.] If such reservation is canceled within 24 hours of booking, Passenger will receive a full refund without assessment of a cancellation fee.”

Sure enough, the fine print of the DOT’s regulation provides:


Allows “passengers to hold a reservation without payment, or to cancel it without penalty, for 24 hours after the reservation is made, if the reservation is made one week or more prior to a flight’s departure date.”

Who knew?

A check of some other airlines’ policies and a call to U.S. Airways suggest that their cancellation policies don’t impose that seven-day in advance purchase requirement to get a full refund.

As always, don’t assume. Ask your airline if you indeed have the unrestricted right to cancel your ticket within 24 hours of purchase.


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November 25, 2013

TSA Pre-Check: A Pleasant Surprise in the Fine Print

Filed under: Travel — Edgar (aka MrConsumer) @ 6:01 am

On the way back from Washington, DC a couple of weeks ago, MrConsumer was stopped by a TSA official before entering the waiting line for security. He scrutinized my boarding pass and diverted me to the TSA Pre-Check line. Thinking he made some mistake because perish the thought would MrConsumer pay extra for a pre-screening program to expedite his trip through security, the TSA official said it was a random choice that I was being directed there.

Okay, I thought, maybe this is a heightened security check for random passengers. But how much more could they ask me to remove?

Turns out that pre-check is an expedited process to go through security. No removing of shoes or belts. No taking out your plastic bag of toiletries. No laptop in a separate bin. And no going through the full body scanner. All I had to do was remove metal from my pockets and go through the old-fashioned metal detector.

A check of the TSA website reveals that the TSA Pre-Check program is indeed a system being rolled out across the country. It is currently available at seven airlines, including American, Delta, United, and US Airways in selected cities. They have a secret formula to figure out who is harmless enough to let through security with only minimal screening (and clearly the system isn’t working too well if they let MrConsumer through ).

How do you know if you have been selected to cut the long line, and go express through security?


TSA Pre-Check

Look right on your boarding pass in most cases for that designation.

Based on the details found at the TSA Pre-Check program website you do have to pay $85 for a five year expedited “pass” through security. So maybe the TSA is taking a page from product manufacturers and offering a free sample to random passengers in the hope that they will buy into the program.


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March 25, 2013

One Way Fare to Heaven Gets Costly for Delta Frequent Fliers

Filed under: Travel — Edgar (aka MrConsumer) @ 6:11 am

A couple of weeks ago, Consumer World brought you a story suggesting that savvy travelers shouldn’t let their frequent flier miles die with them. The miles can be inherited and transferred to an heir in many cases.

Delta Airlines must be a regular Consumer World reader, because last week they changed the rules of the game for holders of Delta SkyMiles.


Here are the 2012 rules for the Delta SkyMiles program:

Transfer upon Death of Member

Upon the death of a Member, the Administrator or Executor of the Member’s Estate may designate one or more other Members to receive a transfer of the mileage credit in the deceased Member’s account. Only whole number amounts of miles may be transferred. The required form and other instructions for requesting a transfer of mileage under these circumstances is available on delta.com/skymilesaffidavit.

On March 20, 2013, however, Delta changed their SkyMiles rules for 2013.


Restrictions on Transfer

Miles are not the property of any Member. Except as specifically authorized in the Membership Guide and Program Rules or otherwise in writing by an officer of Delta, miles may not be sold, attached, seized, levied upon, pledged, or transferred under any circumstances, including, without limitation, by operation of law, upon death, [emphasis added] or in connection with any domestic relations dispute and/or legal proceeding.

Delta dropped the whole paragraph about the procedure for transferring miles on death, and substituted the above new “no transfer” rules. Now Delta says that your miles are not yours, you can’t take them with you when you die, and you can’t give them to anyone else in your will.

Thanks to John Materese, the consumer reporter at WCPO in Cincinnati for the story idea. Here is his video of this story.


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November 12, 2012

Choice Hotels: That Room Safe Could Cost You

Filed under: Business,Travel — Edgar (aka MrConsumer) @ 6:06 am

A regular Mouse Print* reader, Bob, recently returned from a cross-country car trip and wrote to complain about what he calls the “hotel safe scam.” Here’s his story:

You check into a hotel, and you are asked to initial a registration form in several places and then sign it. You initial to accept the hotel’s rate. You initial to acknowledge the non-smoking policy. And again for the no-pets policy. Some hotels also ask you to initial the “optional” safe fee. Then you sign at the bottom.

People are tired, distracted, in a hurry, or perhaps their English isn’t so good. If you stay in enough hotels, it all becomes routine. Many consumers just do as they are asked without reading.

The safe fee is usually $1.50 per day, but sometimes a different amount. Supposedly, it’s for the use of the safe. In some cases, I found the safe locked and unusable, but that made no difference to the charge.

An “optional” fee is rather extraordinary. The hotel form often says that you can ask for the fee to be removed. Some say they will remove the fee up to 60 days later. If you ask up front that the fee be removed, some tell you to ask again at checkout. In every case, when I insisted that the fee be removed, it was, although I had to ask twice sometimes.

The safe fee is a hidden-in-plain-sight scam. The hotels expressly tell you about the fee and rely on inertia to get your money. The hotels know that most people won’t notice or won’t object. Checkout at most hotels doesn’t require any action by a consumer. The hotel often slips a bill under your door, and you can leave without stopping at the front desk.

Sure enough, some Choice hotels tack on a “safe with limited warranted” charge of $1.50 a day onto your bill:


Choice safe charge

Mouse Print* contacted the PR folks at Choice Hotels to ask for an explanation of this charge and why they chose a sneaky way to raise the cost of a hotel room. The company did not respond.

The lesson here is clear: don’t blindly initial all the Xs on that card when you first register at a hotel, and scrutinize your bill for “optional” charges that the hotel might tack onto it.


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January 23, 2012

Costa’s Cruise Contract Constrains Cruisers’ Claims

Filed under: Travel — Edgar (aka MrConsumer) @ 6:08 am

The 3200 passengers on the Costa Concondia, which was run aground and nearly sank in Italy, may find it tough going getting legal redress for their nightmare and suffering.

Much like airlines, cruise lines have contracts of carriage that govern the legal rights and responsibilities of both the company and the passenger. For Costa, which is owned by Carnival Cruise lines, it is called the Passage Ticket Contract (and contrary to reports by Reuters and Forbes last week, it appears that it is this Costa contract that governs, not Carnival’s as they asserted). Here are some of the key terms that protect the company at the expense of the passenger:

*MOUSE PRINT: Where Claims are to be filed — Italy!

“Voyages That Do Not Depart from, Return to, or Visit a U.S. Port –
All claims, controversies, disputes, suits and matters of any kind whatsoever arising out of, concerned with or incident to any voyage that does not depart from, return to, or visit a U.S. port, or to this Contract if issued in connection with such a voyage, shall be instituted only in the courts of Genoa, Italy, to the exclusion of the courts of any other county, state or nation. Italian law shall apply to any such proceedings.”

The good news is that the mandatory arbitration clause does not apply to this itinerary because no US port was visited.

*MOUSE PRINT: Claim Filing Deadline

“The Carrier shall not be liable for any physical or emotional injury, illness or death of a Passenger unless written notice of the claim with full particulars is delivered to the Carrier or its duly authorized agent within 185 days after the date of injury, illness or death.”

*MOUSE PRINT: Liability for Negligence

“The Carrier shall be liable only for its negligence.”

Score one for passengers!

*MOUSE PRINT: Liability for Emotional Distress

“The Carrier shall not under any circumstances be liable to the Passenger for damages for emotional distress, mental anguish or psychological injury of any kind, when such damages were neither the result of a physical injury to the Passenger, the result of the Passenger having been at actual risk of a physical injury, nor intentionally inflicted by the Carrier.”

Score another for passengers, since one could clearly argue that the passengers were at risk of actual injury, thus they can sue for mental anguish.

*MOUSE PRINT: Financial Limits on Liability

[Various international conventions] “limit the liability of the Carrier for death of or personal injury to the Passenger to no more than 46,666 Special Drawing Rights (“SDRs”) as defined therein, and all other limits for damage or loss to personal property. The value of 46,666 SDRs is equal to approximately U.S. $70,900 …”

*MOUSE PRINT: Don’t Try Suing Carnival

“All of the defenses, limitations and exemptions of whatever kind relating to the responsibility and liability of the Carrier that may be invoked by the Carrier by virtue of this Contract or by law are fully extended to and may also be invoked by all persons or entities who may act on behalf of the Carrier …”

*MOUSE PRINT: Property Damage Claims are Capped

“The responsibility of the Carrier for damages to or losses of the Passenger’s baggage, belongings or property, including without limitation clothing worn by the Passenger, even if temporarily in the custody of the Carrier, is limited to the maximum sum of the lower of five hundred U.S. dollars (US$500) per Passenger or one hundred fifty U.S. dollars (US$150) per piece, unless prior to the beginning of the voyage the Passenger declares a higher value in writing and pays a higher tariff equal to five percent (5%) of the declared value; provided, however, that under no circumstance shall the Carrier be liable for an amount greater than five thousand U.S. dollars (US$5,000), …”

*MOUSE PRINT: No Property Damage Claims are Allowed for…

“The Carrier does not undertake to carry, and shall not be liable for, loss of or damage to money, negotiable securities, business or other documents, jewelry, tools of trade or product samples, works of art, electronics, computers, computer disks or other electronic storage or similar device, cellular telephones, cameras, video or audio tapes, CDs, binoculars, recreational equipment, dental hardware, eyewear (including eyeglasses, sunglasses and contact lenses), hearing aids, medications, medical equipment, wheelchairs or scooters under any circumstances…”

*MOUSE PRINT: No Class Actions


*MOUSE PRINT: As to safety… you are on your own.

“… the Passenger assumes responsibility for his or her own safety and the Carrier cannot guarantee the Passenger’s safety while on or off the Vessel.”

*MOUSE PRINT: Cancellation rights, No Consequential Damages.

“The Carrier may for any reason whatsoever, including … perils of the sea, … cancel… the voyage itinerary, and the Carrier shall not be liable for any loss whatsoever arising from or relating to such cancellation, deviation, delay, substitution or modifications. … in no event shall the Carrier be liable for any consequential damages, costs or expenses of any kind.”

*MOUSE PRINT: Refunds for the rest of the trip — only merchandise credit toward another Costa cruise.

“If the performance of the voyage is interrupted… the Passenger and the Passenger’s baggage may be landed at … any port or place at which the Vessel may call and the responsibility of the Carrier shall cease and this Contract shall be deemed to have been fully performed…. The Passenger shall not be entitled to any refund of the Cruise Fare or to compensation, damages or reimbursement of any expenses whatsoever, but will be given credit for the proportion of the Cruise Fare unused.”

While this contract severely limits Costa’s liability, the company may well be more generous in settling claims, if for no other reason than to try to maintain goodwill, to rebuild its public image, and to limit its legal expenses. Hopfully, some smart lawyers will figure out a loophole or two in their contract.

For a comprehensive legal analysis of cruise passengers’ rights, please read Judge Thomas A. Dickerson’s treatises: “Cruise Passengers Rights and Remedies 2011”, and “Travel Abroad, Sue at Home 2011“.


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