Letter to Nicolas E. Cailio, President and CEO of Airlines for America - Amid Omicron Variant Rise, Markey & Bluementhal Demand Airlines Improve Flexibility & Issue Refunds to Consumers

Letter

Dear Mr. Calio:

We write with renewed concerns about airline ticketing policies for consumers amid the
continued spread of novel coronavirus strains and new restrictions on passengers entering the
United States in response to the Omicron variant. Consumers have a right to know upfront about
airline change and cancelation policies. Further, airlines should accommodate passengers seeking
to make changes to their travel plans with little to no cost while the public health emergency
continues, even when booking "nonrefundable" tickets. We also remind airlines that federal rules
require prompt refunds for tickets canceled by the airline, which have occurred frequently during
the pandemic.

The continued public health emergency posed by COVID-19 is highlighted most recently
by the Biden Administration's implementation of new restrictions on passengers coming into the
United States. As of Monday, those aboard flights inbound to the U.S. are required to show
proof of a negative test within 24 hours of travel, no matter their vaccine status or country of
origin. These changes and others will no doubt increase the need for passengers to cancel or
change flights.

The COVID-19 pandemic has undoubtedly placed significant burdens on the aviation
industry and made it difficult to predict shifts in passenger demand. We recognize the difficult
situation many airlines are trying to navigate and understand that consumers assume some level
of risk when booking flights. However, Congress and the American people placed significant
trust in airlines by providing $54 billion in funding for passenger air carriers to ensure that
layoffs did not occur and airlines could continue to operate. The airlines' continued failure to do
right by consumers frustrates that purpose.

Airlines can help to ease the stress felt by many Americans eager to travel again by
ensuring policies are both flexible and transparent during these unpredictable times. Consumers
need to understand the options available to them when booking airline tickets so they can make informed decisions about any changes to their plans. We ask for your commitment to ensuring
airlines will provide passengers with transparency up front about any changes to ticketing policy.
Additionally, we feel strongly that your carriers have a moral obligation to offer flexibility to
customers in the form of suspending all flight change and cancelation fees for every class of
ticket, as well as offering refunds -- or at the very minimum, flight credits that last indefinitely --
until the end of the public health emergency. The airlines' contracts of carriage include a host of
force majeure exceptions for the carriers themselves, and it is only fair that a worldwide
pandemic represents a similar exception for passengers.

We must also reiterate our demand that airlines provide immediate refunds for flights
canceled by airlines in 2020 and into 2021, as required by law. We are deeply troubled by recent
estimates from experts that "airlines still owe customers upwards of $20 billion in refunds for
flights that were canceled last year." According to data released by the U.S. Department of
Transportation, all-time record numbers of consumer complaints concerning refunds for canceled
flights continued into the first half of this year. It is simply unacceptable for airlines to continue
denying consumers the refunds that they are legally entitled. Consumers should not have to rely
on federal enforcement to secure refunds owed to them under current laws and regulations. Swift
action by your carriers to address outstanding refunds is long overdue.

We appreciate your attention to this important matter and look forward to your response.

Sincerely,

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