C.F.R. » Title 14 » CHAPTER II—OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) › SUBCHAPTER F—POLICY STATEMENTS › PART 399—STATEMENTS OF GENERAL POLICY › Subpart G—Policies Relating to Enforcement

14 C.F.R. § 399.88

Prohibition on post-purchase price increase

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(a) It is an unfair and deceptive practice within the meaning of 49 U.S.C. 41712 for any seller of scheduled air transportation within, to or from the United States, or of a tour (i.e., a combination of air transportation and ground or cruise accommodations), or tour component (e.g., a hotel stay) that includes scheduled air transportation within, to or from the United States, to increase the price of that air transportation, tour or tour component to a consumer, including but not limited to an increase in the price of the seat, an increase in the price for the carriage of passenger baggage, or an increase in an applicable fuel surcharge, after the air transportation has been purchased by the consumer, except in the case of an increase in a government-imposed tax or fee. A purchase is deemed to have occurred when the full amount agreed upon has been paid by the consumer.

(b) A seller of scheduled air transportation within, to or from the United States or a tour (i.e., a combination of air transportation and ground or cruise accommodations), or tour component (e.g., a hotel stay) that includes scheduled air transportation within, to or from the United States, must notify a consumer of the potential for a post-purchase price increase due to an increase in a government-imposed tax or fee and must obtain the consumer's written consent to the potential for such an increase prior to purchase of the scheduled air transportation, tour or tour component that includes scheduled air transportation. Imposition of any such increase without providing the consumer the appropriate notice and without obtaining his or her written consent of the potential increase constitutes an unfair and deceptive practice within the meaning of 49 U.S.C. 41712.

[Doc. No. DOT-OST-2010-0140, 76 FR 23167, Apr. 25, 2011, as amended by DOT-OST-2022-0109, 89 FR 34677, Apr. 30, 2024; DOT-OST-2026-0199, 91 FR 40372, July 2, 2026]
Notes of Decisions
Cited in 4 cases, 2012–2016 · leading case: Fed. Energy Regulatory Comm'n v. Elec. Power Supply Ass'n, 136 S. Ct. 760 (2016).
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Fed. Energy Regulatory Comm'n v. Elec. Power Supply Ass'n, 136 S. Ct. 760 (2016). “" 14 CFR § 399.88 (a) (2015). But it is a safe bet that no airline has ever gotten into trouble by offering a payment not to fly.”
Spirit Airlines, Inc. v. United States Dep't of Transp., 687 F.3d 403 (D.C. Cir. 2012). · cites it 4× “at 23,167 (amending 14 C.F.R. § 399.88 (a)). DOT has now advised us that “it will undertake another rulemaking process to assess the appropriateness of applying the rule to ancillary charges other than baggage charges that traditionally have been included in the price of air…”
FERC v. Elec. Power Supply Assn., 577 U.S. 260 (2016). “” 14 CFR §399.88 (a) (2015). But it is a safe bet that no airline has ever gotten into trouble by offering a payment not to fly.”
FERC v. Elec. Power Supply Assn. (2016). “” 14 CFR §399.88 (a) (2015). But it is a safe bet that no airline has ever gotten into trouble by offering a payment not to fly.”
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