ASTA Angered FAA Reauthorization Passes Without Airline Refund Accountability

Image: Capitol Hill in Washington, DC. (Photo Credit: Sagittarius Pro/Adobe)
Image: Capitol Hill in Washington, DC. (Photo Credit: Sagittarius Pro/Adobe)
Laurie Baratti
by Laurie Baratti
Last updated: 5:00 PM ET, Fri May 10, 2024

The American Society of Travel Advisors (ASTA) today reacted to the Senate’s approval of the hotly debated FAA Reauthorization bill (H.R. 3935), which re-certifies approval for the the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) for five years.  

In an official reaction statement, ASTA as an organization expressed its dissatisfaction and frustration with the amended version of the bill, which was ultimately approved by the Senate late on the evening of May 9. The reason? Because the legislation fails to address unfair terms of a recent Department of Transportation (DOT) final rule that guarantee automatic refunds to airline customers when their flight is significantly changed or canceled, but leaves travel agencies holding the bag as the merchant of record, rather than the airlines. 

“Time and time again, we’ve heard politicians in Washington give lip service to small businesses. Travel agencies are not positioned to float the kind of financial obligations that policymakers are strapping on their backs,” said Zane Kerby, President and CEO of ASTA. “Consumer protection could have been accomplished without sacrificing the interests of small business travel advisors who work diligently every day on behalf of the traveling public,” Kerby continued. 

ASTA pointed out that, in the details of both the regulation and legislation, the term “ticket agents” was applied as a very non-specific catchall term, but that there is a stark difference in the financial resources of major online travel agencies (OTAs) compared to small and family-owned agencies. 

“Those household name OTAs are resourced with billions more dollars than our retail agencies, 98 percent of which are small businesses. Airlines have been bailed out by Congress over and over, and they are now looking to travel agencies to serve as their bank, paying their customers with no onus to repay the agencies. Requiring advisors to extend credit from their own pockets to pay airline refunds is a gross misplacement of responsibility that must be rectified,” Kerby said. “Congress failed in its duty to protect Main Street from monolithic airline corporations. In the end, the consumer suffers, as travel advisors will be less inclined to book airfare, leaving the flyer without an advocate when travel plans go south.”  

ASTA plans to address this issue directly with lawmakers during its annual Legislative Day in September, making it a top priority on the agenda during those meetings with Congress. The organization will demand clarity on how lawmakers intend to rectify this gross oversight and provide relief to travel advisors grappling with the refund dilemma.

Despite efforts by Senator Rand Paul to introduce an amendment restoring the original language of the bill, which would have shifted the refund obligation to the party holding the funds, Senate leadership did not allow an opportunity for amendments to be considered. 


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Laurie Baratti

Laurie Baratti

Assistant Editor

Laurie Baratti is an Assistant Editor for TravelPulse. She is a San Diego-based journalist whose work has previously appeared in publications like TravelAge West, SPACE, Modern Home + Living, Montage, and Sandals Life magazines. Travel writing has long been her passion, and she is always looking for excuses to explore the world outside of her native California. Laurie is also a lifelong equestrian, a proud pet-parent, and an underground advocate of the Oxford comma.

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