The Biden-Harris Administration has put forth a pivotal proposal to ban airlines from imposing junk fees for seating families together on flights. This initiative, led by the Department of Transportation (DOT), mandates that airlines seat parents next to their young children for free when adjacent seating is available at the time of booking. By enforcing fee-free family seating, the proposal aims to cut down the cost of air travel with young children, potentially saving a family of four as much as $200 per roundtrip if seat fees are $25 each.
U.S. Transportation Secretary Pete Buttigieg emphasized the significance of this rule, saying, “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.” This proposed rule is a testament to the Biden-Harris Administration’s dedication to leveraging all available resources to reduce costs for families and shield consumers from unfair practices.
For families with young children, being seated together is a necessity. Young children often require help with basic activities like eating, fastening seatbelts, using the bathroom, and communicating. Despite this need, many airlines still force parents to pay extra to ensure they can sit next to their children, thereby increasing the final cost of air travel. This proposal seeks to eliminate such junk fees and make flying more affordable and less stressful for families.
Parents who choose not to pay for family seating fees often face the challenge of securing adjacent seats during the chaotic boarding process. This can lead to situations where airlines ask passengers to voluntarily give up their seats, which they may have paid for in advance. If passengers decline, they may end up sitting next to an unsupervised child, causing stress for everyone involved.
In 2023, President Biden called on Congress to ban family seating junk fees in his State of the Union address. Secretary Buttigieg followed up by urging the ten largest airlines to voluntarily eliminate these fees, with Alaska, American, Frontier, and JetBlue complying. The DOT has also released a dashboard at flightrights.gov displaying which airlines guarantee fee-free family seating. Additionally, Secretary Buttigieg has submitted a legislative proposal to Congress to ban these fees and sent letters to Congressional leaders in support of the ban. The bipartisan FAA Reauthorization Act of 2024 gave the DOT explicit authority to propose this rule.
Key Provisions of the Proposed Rule
- Ban Family Seating Junk Fees: Airlines would be prohibited from charging fees to seat a young child (13 or under) next to their parent or accompanying adult.
- Require Adjacent Family Seating: Airlines must seat parents next to their young children for free within 48 hours of booking when adjacent seats are available.
- Define Adjacent Family Seating: Adjacent family seating means seats next to each other in the same row and not separated by an aisle.
- Ensure Availability in All Classes: Airlines must provide adjacent family seats in every class of service and cannot limit availability by structuring classes unfairly.
- Mandate Refunds and Rebooking Options: If adjacent family seats are not available, airlines must offer a full refund or free rebooking on the next flight with available family seating.
- Upfront Disclosure of Fee-Free Family Seating: Airlines must clearly disclose passengers’ right to fee-free family seating on their websites and during the booking process.
- Impose Penalties for Non-Compliance: Each instance of charging a family seating junk fee or failing to seat a young child next to their parent would be considered a separate violation, subject to civil penalties.
The DOT’s proposed rule underscores that family seating is a basic service essential for adequate air transportation and must be included in the ticket fare. The proposal also invites comments on other services that should be considered basic and essential.
Historical Context and Additional Actions
The Biden-Harris Administration has undertaken several significant steps to enhance airline passenger rights and industry oversight:
- Automatic Cash Refunds: A new rule mandates airlines to provide automatic cash refunds for canceled or significantly changed flights, delayed baggage, or unprovided extra services like Wi-Fi.
- Surprise Airline Junk Fees: Another rule requires airlines to disclose all extra fees upfront, fostering a competitive market and saving consumers over half a billion dollars annually.
- Expanded Complaint Review Capacity: The DOT has partnered with state attorneys general to expand its capacity to review air travel service complaints.
- flightrights.gov Dashboard: Following the launch of this dashboard, all major U.S. airlines guaranteed free rebooking and meals for significant delays or cancellations caused by the airline.
- Refunds and Reimbursements: The DOT has secured nearly $4 billion in refunds and reimbursements for airline passengers, including over $600 million for those affected by the Southwest Airlines holiday meltdown in 2022.
- Consumer Protection Penalties: Since President Biden took office, the DOT has issued nearly $170 million in penalties against airlines for consumer protection violations.
