Swedish Legislation Curtails Air France KLM Merchant Fee Surcharge - Business Travel News

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Swedish Legislation Curtails Air France KLM Merchant Fee Surcharge

August 24, 2010 - 12:25 PM ET

By Amon Cohen

Air France KLM withdrew a controversial merchant fee surcharge on card payments through Swedish travel agents on July 27, BTN learned on Tuesday, because Sweden introduced legislation on Aug. 1 that made the practice illegal.

Air France KLM drew angry protests from travel managers when imposing the surcharge of 75 kroner (€7.90, US$10) on Dec. 1, 2009. The fee applied to travel agency bookings made with card payments on either of the airlines' merchant agreements, although it did not apply to corporate net fares.

Many travel buyers criticized the surcharge when it was announced in October 2009. They condemned it for imposing an extra charge they believed was already included in the fare and for penalizing the most efficient means of paying for airline tickets. However, AF/KL argued airlines no longer should be willing to shoulder the cost of a payment process that is of benefit to the client and the agency but not an airline.

The surcharge was undone by Sweden's tardy implementation on Aug. 1 of the European Union Payments Services Directive. Most other countries implemented the directive in November 2009. Ironically, it states a default position that merchants are permitted to impose surcharges on selected forms of payment, but also provides the opportunity for member states to derogate, or opt out, from this rule. As a result, the derogation has put surcharge interdictions on the agenda in some countries that previously did not have a ban in place.

Ten EU countries have opted to forbid surcharges as part of their PSD implementation: Austria, Cyprus, Latvia, Italy, Romania, Greece, France, Luxembourg, Slovenia and Sweden. An additional four countries—Germany, Denmark, Portugal and Finland—limit such surcharges. Some had similar bans in force before the PSD.

However, Erik van Winkel, a director with payments consultancy Edgar, Dunn & Co., warned that the PSD has facilitated surcharging in some countries as well as prevented it in others. "Some airlines have taken a very close look at this," he said. "In the past, they were not allowed to surcharge in some countries because the card schemes did not allow it. Now the schemes have to allow it if the member state has not introduced a derogation."

Thomas Stöckel, European vice president of supplier relations for BCD Travel, agreed with van Winkel. "It is still on the drawing board for carriers," he said.

Swedish travel management consultant Cathrine Lundberg expressed mixed feelings about the withdrawal of the surcharge. "It is normal in any supplier contract that there should be no invoice or payment fees, so if you introduce fees that you had not put in the contract, then you get a lot of protests," she said.

On the other hand, said Lundberg, larger corporations like to have options for what is and is not included in a fare, "so long as it is clearly stated in a contract." She expressed fears that airlines may find less visible ways to cover their merchant fee costs.

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