Here's a draft of my complaint to the DOT:
In September of 2001, I exchanged 120,000 Continental OnePass frequent flyer miles for 2 airline tickets. In the time since then there have been involuntary and voluntary changes to the itineary.
Continental claims that changes made at my request after February 1, 2002 require that the TSA $10 security fee be added to these tickets.
The DOT summary clearly states that the fee is applicable to tickets
sold after February 1, 2002, but does not specify tickets reissued, or for travel after that date.
A reasonable person would agree that the "sale" of a frequent flyer reward ticket occurs when frequent flyer mileage is exchanged for a "ticket".
The published OnePass rules provide that the ticket may be reissued within a period of one year from the date of issue, but retain the original reward expiration date. The "reissue" is therefore permitted under the terms of the original transaction and therefore does not represent another "sale" since the original expiration date is retained, and there is no other valuable exchange required.
I believe that the assessment of this charge in this case is not warrented under the DOT or Continental OnePass rules, and should be reversed.
According to the summary in:
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">DEPARTMENT OF TRANSPORTATION
Transportation Security Administration
49 CFR Chapter XII and Part 1510
[Docket No. TSA-2001-11120]
RIN 2110-AA01
Imposition and Collection of Passenger Civil Aviation Security Service Fees
"The security service fee will apply to passengers using frequent flyer awards for air transportation, but may not be imposed on other nonrevenue passengers.
Direct air carriers and foreign air carriers must collect the security service fees on air transportation sold on or after February 1, 2002. "</font>
The OnePass program literature states:
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">"Reissuing Tickets
Reward flight tickets may be reissued for a different date and/or destination (covered by the reward mileage redeemed), except when prohibited by the fare purchased using an Upgrade reward. Your new tickets will be subject to the original reward expiration date.
Reward Expiration Dates
OnePass reward tickets and certificates are valid for one year from the date of issue. Upgrade reward tickets involving a fare with an earlier expiration date are subject to the earlier expiration. Return travel must originate by midnight on the expiration date of your reward."</font>
Hey, I don't make the rules, I just want everybody to play by them
[This message has been edited by Old Gold (edited 06-10-2002).]