BRETT BUNDALE | THE CANADIAN PRESS | 21 September 2018

An air passenger rights advocate has filed a regulatory complaint against Swoop Inc. claiming the new low-cost airline is unlawfully charging baggage fees.

In a complaint to the Canadian Transportation Agency, Gabor Lukacs says the commercial carrier is flouting Canadian law by failing to offer passengers a basic fare that includes a carry-on and a checked bag.

The Canada Transportation Act requires domestic airlines to offer a basic fare for travel within the country that has no restrictions with “reasonable baggage.”

Karen McIsaac, a spokeswoman for the Calgary-based airline, says Swoop provides travellers with “à la carte service” where they pay a low base fare and add on features such as a checked bag for a fee.

She says the airline has specifically designed the self-booking website and mobile app to be extremely clear around what is provided in the fare and what the optional fees and added features entail.

But Lukacs, the Halifax-based founder of the independent non-profit organization Air Passenger Rights, calls the airline’s approach “deceptive.”

“I find it deceptive to tell people, ‘We have very cheap tickets but by the way if you want to have a carry on it’s $80 plus tax,“’ he said.

According to the airline’s website, carry-on luggage is about $35 if paid in advance, $50 if paid at the time of check-in at the airport and $80 at the gate.

Swoop was announced by WestJet last September and offers service to Hamilton, Halifax, Edmonton, Abbotsford and Winnipeg, as well as some U.S. destinations.

McIsaac says Swoop is catering to a demand for more travel options.

“We are confident that Canadians are appreciative of the ability to be in control of what they pay for and what they don’t, as our aircraft have been more than 90 per cent full since day one of operations,” she says in an e-mail.

While Lukacs says he supports airlines offering different options to passengers, he says one of those options must be a basic fare that includes baggage.

“If you look at Air Canada, for example, they have a number of different fare classes and that’s perfectly fair game,” he says.

“There is no law that says you have to always offer baggage with every fare but rather you have to have one fare which is unrestricted and includes transportation for an adult with reasonable baggage.”

CALGARY, AB – August 2, 2018 – Today Swoop has added the ModiFly option to their suite of for-purchase extras, to further allow travellers to customize their flight experience. Travellers can select the ModiFly option when booking flights that are more than 14 days in advance of the departure date, securing stress-free travel if unforeseen circumstances interfere with their travel date(s).

“We recognize that coordinating travel plans can be tricky, especially when accommodating multiple schedules,” said Karen McIsaac, Senior Advisor, Communications for Swoop. “The ModiFly option provides our travellers with enhanced flexibility and peace-of-mind, knowing they can make a one-time change. The freedom to book a getaway without the hassle of a cancellation fee is something we are proud to now be offering.”

Purchased at the time of booking for $10.50-$11.25 CAD† per traveller, per direction, ModiFly allows a one-time change to flight dates and/or times up to 24 hours before departure. In addition, any other extras that have been purchased, such as checked baggage or seat selection, will transfer to the new flight‡.

ModiFly must be purchased for all travellers on the same reservation and any changes made must also apply to all travellers on the same reservation. The difference in fare, if applicable, would apply.

†Prices vary depending on applicable taxes. ModiFly purchases are non-refundable.

‡Extras will be provided at no penalty if they are available. Baggage, priority boarding and seat allocation will be given based on the availability for the chosen flight.