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NEW YORK – A federal court of appeal has relaunched legal action by Spirit Airlines passengers who said the low-cost carrier had decided to charge them unexpected baggage charges on tickets purchased from from Cheapoair, Expedia, Priceline and Travelocity.
The second US Circuit Court of Appeals in Manhattan said 22 passengers could sue for breach of contract because there was no evidence that Spirit promptly notified them of the costs and there was "ambiguities" in the prices they would pay.
Spirit and his lawyers did not immediately respond to requests for comment.
Compared to many carriers, Spirit relies more on incidental fees to offset the financial burden of lower base fares.
The plaintiffs accused the carrier based in Miramar, Fla., Of knowing that her online travel agents were hiding "gotcha" baggage charges that they should pay at the airport.
They said that these fees often exceeded the cost of their tickets and amounted to millions of dollars a year.
Spirit replied that the federal law excluded prosecution and that its "contract of carriage" expressly provided that a passenger could carry carry-on baggage in the cabin for a fee.
The court of appeal sent the case back to US Judge William Kuntz in Brooklyn, which dismissed it last November.
"This is a great victory for the country's air passengers," said plaintiff attorney John Hermina during an interview. He added that his clients would pursue their case in the district court.
On Tuesday, Spirit announced hand baggage fees for a October 1 flight to Fort Lauderdale, Florida, from New York's LaGuardia Airport, ranging from $ 28, if booked on its website, to $ 65. , they were paid at the door. Base rates ranged from $ 26 to $ 121.99.
These are Cox et al. Spirit Airlines Inc, 2nd Circuit Court of Appeal, No. 18-3484.
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