NEW YORK (Reuters) – A federal appeals court revived a lawsuit by Spirit Airlines passengers who said the low-cost carrier blindsided them by imposing unexpected carry-on bag fees on tickets bought through Cheapoair, Expedia, Priceline and Travelocity.
The 2nd U.S. Circuit Court of Appeals in Manhattan said 22 passengers could sue for breach of contract because there was no evidence that Spirit promptly notified them about the fees, and there were “ambiguities” in the prices they would pay.
Spirit and its lawyers did not immediately respond to requests for comment.
Compared with many carriers, Spirit relies more on ancillary fees to offset the financial drag from lower base fares.
The plaintiffs accused the Miramar, Florida-based carrier of knowing that its online travel agents hid the “gotcha” bag fees they would have to pay at the airport.
They said these fees often exceeded the cost of their tickets, and totaled millions of dollars a year.
Spirit countered that federal law precluded the lawsuit, and that its “contract of carriage” specifically provided that a passenger could take one carry-on bag into the cabin, for a fee.
The appeals court returned the case to U.S. District Judge William Kuntz in Brooklyn, who had dismissed it last November.
“This is a great victory for air travelers nationwide,” the plaintiffs’ lawyer John Hermina said in an interview. He said his clients will pursue their case in the district court.
On Tuesday, Spirit advertised carry-on bag fees for an Oct. 1 flight to Fort Lauderdale, Florida, from New York’s LaGuardia Airport ranging from $28, if booked on its website, to $65, if paid at the gate. Base fares ranged from $26 to $121.99.
The case is Cox et al v Spirit Airlines Inc, 2nd U.S. Circuit Court of Appeals, No. 18-3484.
(Reporting by Jonathan Stempel in New York; Editing by Richard Chang)
As part of the 2018-2026 mid-life programme, Eurotunnel signed a contract with Bombardier Transportation to renovate nine “PAX” Shuttles. Composed in total of 254 wagons, each 800-meter long shuttle is made up for passengers’ vehicles with passengers remaining in their vehicles during for the 35-minute Channel crossing. In the 25-year period since the opening of the Channel Tunnel, these Shuttles have each travelled an average of 300 round trips per month and have enabled over 236 million passengers to travel very comfortably between France and Great-Britain.
The contract is valued at €150 million ($171 million) over a period of seven years. Deliveries of the newly refurbished Shuttles will start in mid-2022 and continue until mid-2026.
Teams from Bombardier France and Belgium originally designed and built these unique vehicles in the 90’s and launched Bombardier’s activities in France. This year, the company celebrates 30 years since its establishment at the Crespin facility in the Hauts-de-France Region.
“Mobility technology leader Bombardier brings its expertise and experience to Eurotunnel to renovate the shuttles it uses in the Channel Tunnel. This project, the largest in Europe in terms of scope and ambition, marks a milestone in the development of our refurbishment activities and places Bombardier as the leader of this market in France. As well as their own know-how, our French teams will be able to tap into the overall engineering expertise and processes across the Bombardier group to make a success of this unique project” said Laurent Bouyer, President of Bombardier Transportation France.
“Eurotunnel has chosen to put its trust in Bombardier Transportation for the renovation of its Passenger Shuttles. We are celebrating 25 years of operation of these unique Shuttles that were built 30 years ago. This strategic investment, our most important in 25 years, allows Eurotunnel to maintain the highest level of quality service and to affirm trust in its long-term perspectives”, said François Gauthey, Deputy Chief Executive Officer of the Group.
Bombardier will be responsible for the renovation of 26 wagons on each of the nine Shuttles, including 12 single-deck carriages for coaches, minibuses, caravans and vehicles over 1.85 meters high, 12 double-deck carriages for cars and motorcycles, and 2 double-deck loader wagons, in addition to two spare loader wagons. As project technical advisor, Bombardier will lead the integration and renovation operations except for the single-deck loaders and will lead on engineering design and procurement for onboard equipment.
Eurotunnel will undertake design and procurement of key equipment such as brakes, doors, fire doors, fire detection, HVAC and the double-deck loaders. Eurotunnel will manage the homologation process of the renovated Shuttles with the appropriate authorities. Bombardier will provide the technical support to prepare the required documentation.
About Eurotunnel
Eurotunnel, a subsidiary of Getlink SE, manages the Channel Tunnel infrastructure and operations Truck and Passenger Le Shuttle services (cars and coaches) between Folkestone, UK and Calais, France. Eurotunnel holds the Channel Tunnel concession until 2086 and remains the fastest, most reliable, easiest and most environmentally friendly way to cross the Channel. In 25 years, more than 430 million people and 86 million vehicles have travelled through the Tunnel. This unique land link has become a vital link between the United-Kingdom and continental Europe.
About Bombardier Transportation
Bombardier Transportation is a global mobility solution provider leading the way with the rail industry’s broadest portfolio. It covers the full spectrum of solutions, ranging from trains to sub-systems and signalling to complete turnkey transport systems, e-mobility technology and data-driven maintenance services. Combining technology and performance with empathy, Bombardier Transportation continuously breaks new ground in sustainable mobility by providing integrated solutions that create substantial benefits for operators, passengers and the environment. Headquartered in Berlin, Germany, Bombardier Transportation employs around 40,650 people and its products and services operate in over 60 countries.
