A few days ago, a group of senators introduced a bill to amend the Airport Law (LA) regarding the airport use fee (TUA).
The initiative proposes establishing criteria for its calculation, transparency in its application, and dissemination.
According to lawmakers, the TUA fee charged at various airports in Mexico is uneven and unjustified, and often disproportionate to the availability and quality of services.
To that end, they propose amending Article 69 of the LA so that the TUA is determined by a tariff committee composed of the SHCP, the SICT, and the Ministry of Economy.
The TUA would only be charged if passengers use airport services.
The reform also aims to establish the obligation for airlines to refund the TUA amount charged to the passenger, in accordance with the rules of Article 91 of the Federal Consumer Protection Law, which stipulates that payments made in excess of the price for the contracted services are recoverable by the consumer. To that end, the provider is obligated to refund the overpayment within five business days of the claim. Otherwise, the provider shall pay interest, regardless of the penalties provided for in that law.
My comments:
Let’s remember that the TUA is a fee that airports charge passengers for using the terminal building facilities on outbound flights.
Airlines include the TUA in their tickets, adding the corresponding fee for the items listed on the ticket that the passenger pays. TUA amounts vary, and airlines typically publish them on their official websites.
After the flight has departed, airlines inform airport concessionaires of the flight’s characteristics and the number of passengers. Subsequently, the airport calculates the TUA payable by the airlines.
Why don’t I consider this initiative viable?
It is important to remember that the TUA charge is not directly related to the payment for the air transport service provided by the airline, since the airline acts as an intermediary in collecting it and is not the beneficiary.
The carrier must reserve the amounts collected for the TUA in case a passenger who does not take the flight requests a refund.
For this reason, I do not believe that the aforementioned article of the LFPC in the initiative is applicable to airlines, since the TUA is not part of the air transportation service they provide and, therefore, they do not receive any consideration for that charge.
A reform could be explored to have the airport collect the TUA directly. Today, there are technological means to implement it, and it would contribute to the transparency sought by legislators. What do you think?
Here you can view the text of the initiative: https://lnkd.in/eSeVimyb
