None of us moderators are lawyers and able to answer this question with 100% certainty.
That being said, fuel surcharges depend on the interline agreement any airline has with their partners & the airlines filings with ATPCO. Also, as previously posted, airlines do have the option of simply not charging a fuel surcharge and rather use a proper base fare that includes the essential cost of fuel - this entire issue is something the airlines have brought onto themselves.
What had to be said has been said, and if you want to discuss fuel surcharge savings any further, do it in the
http://www.flyertalk.com/forum/milea...thread-69.html.
Kind Regards
rcs85551
Moderator, Mileage Run forums