President Biden Tackling Airline & Hotel Fees

During yesterday’s 2023 State of the Union Address, President Biden talked about his efforts to rein in airline and hotel fees. The framework behind this was first revealed in 2022, though we’re getting more details about what this will look like.

This is part of a larger Junk Fees Prevention Act, tackling everything from early termination fees for cable, to excessive overdraft fees. However, this is a travel blog, so I wanted to focus on the two travel-specific initiatives that will have the greatest impact on travelers.

Ban surprise resort and destination fees

Resort and destination fees are among the most frustrating fees in the hotel industry. The concept of hotels charging these fees has become increasingly common in recent years, and this is frustrating for consumers:

  • With this practice, hotels generally bundle some amenities for a fixed nightly fee, in order to generate more revenue
  • One of the primary motivations for these fees is to initially make the rate seem lower than it actually is; some hotels have a bad habit of “drip pricing,” whereby the cost of a hotel stay increases as you go through the booking process
  • There are some other motivations for these kinds of fees, including online travel agencies not getting commissions on that portion of the rate, and in some areas there are tax benefits to this as well

With the Junk Fees Prevention Act, hotels would be required to include any resort or destination fees in the price when initially comparison shopping hotels, so that consumers aren’t surprised. This way consumers will know which hotels are charging these fees, and can budget accordingly. Here’s how this is described by the White House:

When families set their budget for a vacation, they expect that the hotel price they see is the price they will pay. But many travelers encounter surprise “resort fees” or “destination fees” when they check out or at the end of a lengthy online reservation process. These fees harm consumers by preventing them from the seeing the true price when they pick out a hotel and by limiting their ability to comparison shop. Over the past decade, a growing number of hotels have imposed these fees on consumers, which can be $50 or more per night. More than one-third of hotel guests report having paid such fees. And the total costs for Americans are enormous: according to one report, hotels collected billions in these fees and surcharges in 2018.

Hotels may have to be more transparent about fees

Ban airline fees for family members to sit with young children

Nowadays many airlines monetize seat assignments. This means that if you’re not willing to pay for specific seats, you could end up being separated from your travel companions. If you’re traveling with small kids, this also means you could be separated from your kids.

With the Junk Fees Prevention Act, airlines would need to ensure that children 13 years of age or younger are seated next to an accompanying adult at no extra charge. Here’s how this is described by the White House:

Many airlines today charge a fee to select a seat in advance, including for those traveling with children. Parents can find themselves unexpectedly not seated with their young child on a flight or paying large fees to sit next to their children. The President believes no parent should have to pay extra to sit next to their child. 

In July 2022, the DOT issued a notice stating that it is the Department’s policy that U.S. airlines ensure that children who are age 13 or younger are seated next to an accompanying adult with no extra charge, but still no airline guarantees fee-free family seating. DOT will publish a family seating fee dashboard and launch a rulemaking to ban the practice. The President is calling upon Congress to fast-track the ban on family seating fees so that the DOT can crack down on these practices more quickly than through a rulemaking. 

Airlines may have to seat families together

My take on these changes to travel fees

Let’s start with resort and destination fees. Here in the travel world, I imagine this would be one rule change that has (near) full bipartisan support. No one is saying that hotels and resorts have to eliminate these fees, but rather that they have to display them when you initially search. Just as airlines are required to display all-in pricing, hotels should have to as well (or at least all-in pricing minus taxes and government fees). I’m curious — does anyone not support this concept?

Now, to be honest, I’m a little more conflicted about requiring airlines to seat families together at no cost, primarily due to the logistics. If you book your ticket last minute and only extra legroom seats are available, would families be entitled to those at no extra cost? Where would the line be drawn as to which seats can be assigned for free? On Southwest, would this mean that all families with children up to the age of 13 would be able to board early on, so that they can be sure they sit together?

Along similar lines, a large part of the ultra low cost carrier business model is that you’re supposed to pay to assign seats if you want to be seated together, regardless of who you’re with. Should that expectation not apply to families in the same way? Will airlines like Spirit have to raise fares in markets where there are lots of families, like to Orlando, since they’ll lose out on a big revenue source?

Does anyone NOT want more transparency for hotel fees?

Bottom line

President Biden is tackling fees with the Junk Fees Prevention Act, and that includes some fees charged by hotels and airlines. With this, we could see hotels have to be more transparent about resort and destination fees, displaying them at the time that the initial search is performed. For airlines, we could see airlines have to seat families together at no extra cost.

I imagine that at least the first point will have very widespread support among consumers, and is long overdue.

What do you make of these potential changes to travel industry fees?

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Nick Guest

I don't live in the US, but what the US does matters to me because it sets the standard for bookings worldwide. Reading some comments, I find it utterly ridiculous that some people think just because it's a Biden initiative, then it's suddenly bad. So now they're against transparency? They're against making informed decisions? It's all starting to make sense to me. What has happened to some people in the US being anti-everything and not having the capacity to think for themselves?

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Jill Guest

This is incredible

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Alan Diamond

If the Junk Fees refers specifically to Resort/Service Fees, I can see hotels immediately following the Airbnb example and charging cleaning fees. Several of the properties on Booking.com are already doing this. I do not really care what fees they want to include, but when searching by price, they should all be included upfront. Booking.com is not including them and I have had to research to find another property with a better total price; some of the properties were charging upwards of $50 on a base price of less than $50. The truth is why is the government even wasting their time with this. Any bill they come up will have enough loopholes to drive a semi-trailer through it. Better to provide consumer education. If the government truly wants to save a group of people from being ripped off, they should start with the robocalls directed at the elderly who are being taken for their life savings.

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AGrumpyOldMan_GA Diamond

I am basically there with you on the travel rules. I am a staunch free market advocate and I make no apologies for that. I completely oppose banning the add-ons hotel fees, but I firmly believe a free market works best when there is transparency for buyers so that competition can do its thing. Competition requires that the buyer have all the information on the cost of the good or service they are buying. I don't like these fees any more than anyone else, but if I am willing to pay them to stay at a property or if they are just baked into the rate, as a market participant, I should be able to make my purchase decision either way. Because if they ban the fees, they won't go away, per-night rates will simply go up. I also agree on where is the limit for seating children with their family. The airline is selling space and different spaces have difference values to customers. This is basic value pricing. The government is basically forcing them to sell these seats below market rate and causing the airline to suffer an economic loss versus their true value. And it only applies to children. I know discrimination laws get murky when kids are involved, but could this be discriminatory since it only applies to certain ages? Doubtful but I would imagine there will be a lawsuit to test that. Don't get me wrong. I am not in favor of making kids seat apart from their family - so many assume opposition to a bill means you are in favor of what it is attacking - I just don't agree with the solution (And compared to hotel fees, I am not sure this is an area that the government should even be wading into since it's not about transparency but eliminating choices.) The same logic will apply to early termination fees. If you finance your phone or lease your cable router and end that lease early, if the carriers can't charge you a fee for the economic loss they are incurring as a result - and, yes, they are incurring a loss compared to the value of the deal over the full term - they will simply just make you pay for the device upfront. Hope everyone is ready to shell out $1000 for your next upgrade. Be sure to thank you friendly politicians who stepped in to "help" you.

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Andy 11235 Guest

I don't think implementing the family-seating thing would be that complicated. You would still have to pay for seat assignments if you wanted to know ahead of time where you were going to sit. Behind the scenes, the system would flag if there were a child in the reservation to ensure assignment together. The only complication is if the flight starts to fill up with too many people who have paid for window/aisle, you would need logic to block sufficient numbers of seats together. The final regulation would almost certainly include escapes for irops or last-minute bookings. Like anything, airlines would adjust to the regs by boosting other fees or base fares to keep revenue the same.

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