China Consumers Association: Civil aviation's "fare increase for seat selection" infringes on multiple consumer rights
2025-01-15
Recently, the issue of additional seat selection fees for civil aviation has sparked public discussion. Some airlines have introduced a fare mechanism in the basic service of seat selection, citing so-called "industry conventions," by locking seats by the window, aisle, or front row and requiring consumers to pay additional fees. The practice that was originally popular only in low-cost airlines is gradually spreading to the entire civil aviation industry, with more and more "seat locking" causing consumer dissatisfaction and questioning. On January 13th, the China Consumers Association issued a statement in response to the recent controversy surrounding the additional charges for seat selection in civil aviation, stating that "seat selection at a markup" should not become an "industry practice". 'Price based seat selection' restricts consumers' right to choose, infringes on their right to know, and violates the principle of fair trade. It is understood that early aircraft "locking seats" were more for safety reasons, such as locking the first row of economy class seats because there were fixed seats for security personnel, and some special passengers were not suitable to sit near exits; Sometimes, considering the issue of aircraft loading, some seats may be locked to ensure that the aircraft's center of gravity is within a safe range. However, due to fierce competition in the aviation market and considerations of profitability by airlines, the "lock seat" service nowadays has become more of a value-added service. The seats for paid seat selection have been expanded from the original front three rows and emergency exits to aisle seats and window seats, leaving only the middle seat available for free selection. A reporter from the Rule of Law Daily saw in the seat description on a certain airline app's seat selection page that light blue seats represent premium seats, and passengers need to purchase the corresponding premium package at the same time when purchasing a ticket to choose these seats; Seats with a "little person" icon are occupied by other passengers; Deep blue represents free and optional seats; A seat with a lock symbol is a locked seat. Another airline mentioned in the "Notice for Purchasing Advance Seat Selection Products" that the airline will lock in the seat selection area of the flight in advance and arrange for passengers to choose comfortable seats based on their payment. Paid seat selection products are priced according to different routes and seat types, and the specific prices are subject to the official website. The airline reserves the right to adjust the prices of paid seat selection products without prior notice. Industry insiders have pointed out that although it is a market behavior, the practices of some domestic airlines have been criticized. When purchasing tickets, consumers were not informed in advance about the "locking seat" and additional seat selection, nor were the rules, proportions, and pricing standards for the "locking seat" clearly defined. Some consumers have reported that during check-in, they have found that if they do not pay for seat selection, there are very few free seats available, and sometimes it is difficult to choose adjacent seats when traveling with underage children, forcing them to pay for seat selection fees. This kind of price increase in seat selection not only increases the economic burden on consumers, but also infringes on their legitimate rights and interests. Regarding this, Liu Junhai, Vice President and Secretary General of the Consumer Rights Protection Law Research Association of the China Law Society, analyzed that airlines have "locked" all the safe passages, front positions, and even window and aisle seats without publicly disclosing the "locking seat" rules, ratios, and pricing standards. In order to meet their own needs for "secondary development" of seat resources, ordinary passengers are forced to make choices in a "narrow gap", which indirectly forces consumers to spend more money on seats and greatly limits their "seat selection freedom", which is a violation of consumers' legitimate rights and interests. When good seats are heavily 'locked' by airlines, passengers are not aware beforehand and their choices become limited. Large areas of 'locked seats' can lead to multiple people traveling together and unable to choose consecutive seats online, which greatly affects the travel experience and naturally causes dissatisfaction and confusion Liu Junhai said. This time, the China Consumers' Association spoke out for consumers and analyzed the legal issues involved in the phenomenon of some airlines' "fare increase seat selection" from three legal dimensions: "fare increase seat selection" restricts consumers' right to choose. Article 9 of the Consumer Rights Protection Law stipulates that consumers have the right to independently choose goods or services; Consumers have the right to independently decide whether to purchase or not to purchase any goods, and to accept or not to accept any services. Consumers sign contracts with airlines when purchasing tickets, and airlines assume the responsibility of public air transportation and have the obligation to provide seats for consumers. When airlines sell tickets, they have already differentiated between first class, business class, and economy class. There are different prices for tickets purchased at different times, and various factors have been taken into account during ticket sales. The rights enjoyed by consumers after purchasing tickets should be determined, and they should have the right to freely choose the seat that suits them. However, airlines artificially set thresholds by linking seat selection with additional fees, forcing consumers to pay extra for basic travel needs, and limiting their freedom of choice. The practice of 'price based seat selection' infringes upon consumers' right to know. Article 8 of the Consumer Rights Protection Law stipulates that consumers have the right to know the true situation of the goods they purchase, use or services they receive. Premium seat selection "is essentially an additional fee behavior, and many airlines have vague and ambiguous regulations in this regard. They do not specify which seats need to be charged a premium, nor do they explain how the premium standards are formulated. Consumers lack sufficient information support when purchasing tickets, and only realize that they need to pay for the seats they want to choose when checking in. Is flight seat locking for safe flight or for additional revenue? The airlines that hold the final interpretation power should not use "information asymmetry" as a means of profit. This behavior undoubtedly harms the consumer's right to know. 'Price based seat selection' violates the principle of fair trade. Article 10 of the Consumer Rights Protection Law stipulates that consumers have the right to fair trade. Operators should provide corresponding substantive services when determining prices. The different pricing of different cabin classes is due to the different services provided by airlines, while the services provided by economy class are the same, but consumers are required to choose seats at an additional price, which lacks a pricing basis. Consumers paying for tickets have already paid for the transportation services provided by airlines. According to long-standing transaction practices, consumers have a "first come, first served" seating arrangement and do not need to pay separately. As the party with strong bargaining power in air transport contracts, airlines lack the bargaining power with consumers. Airlines have launched a fare based seat selection model, testing the waters from the "first come, first served" tradition to the "payer gets" model. This is a way for operators to use their advantageous position to turn the originally free basic services into a means of generating revenue for themselves, increasing the burden on consumers and violating the principle of fair trade. The China Consumers' Association believes that "first come, first served" has always been a customary seat selection rule in the civil aviation industry. In recent years, some airlines have been using "price increase seat selection" as a means and "safe flight" as an excuse to constantly test consumers' bottom line. If this unauthorized price increase behavior is not curbed, it will affect the atmosphere of the entire consumer market. Other goods or services may be sold at a price that is different from the pricing under certain conditions, thus evolving into an unfair so-called "industry practice" that erodes market order and damages the legitimate rights and interests of consumers. As the Spring Festival travel rush approaches, the China Consumers Association suggests that relevant regulatory authorities take the initiative to strengthen industry guidance and standardize business practices. Consumer actions are also a form of supervision of industry behavior. Consumers can actively file complaints with consumer associations or regulatory authorities when encountering various types of infringement, promoting the healthy development of the consumer market in a fair and transparent manner. (New Society)
Edit:Rina Responsible editor:Lily
Source:Legal Daily
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