Getting off a flight early is not illegal, no matter how often airlines sue
Lufthansa sued a passenger, United and American went after the website that shows travelers how to do it, and courts let the practice stand.
Half as Interesting · Why Almost Every Airline Has Sued This One WebsiteIn 2016, a man boarded a Lufthansa flight in Seattle bound for Frankfurt, holding another Lufthansa ticket for Frankfurt to Berlin.
About two years afterward, Lufthansa brought a lawsuit against him for about $2,400. The airline said the way he had put those tickets together was part of a tactic known as hidden-city ticketing, also called skiplagging, in which a traveler books a cheaper connecting flight and gets off at the layover city instead of flying the final leg.
The easiest way to find such a ticket would have been through Skiplagged.com, a travel website run by founder Aktar Zaman that helps travelers spot connections that are cheaper than a nonstop to the layover city. Major airlines have repeatedly gone to court trying to shut the site down and have not succeeded, because the underlying move is simply not illegal.
Lufthansa learned that suing the passenger did not work. Its case against him was dismissed.
Instead of cracking down on travelers one by one, the industry turned to the website. United Airlines and the booking site Orbitz sued Skiplagged.com together, citing logistics and public safety concerns from people skipping flights, along with a claim of unfair competition. American did not join that suit but voiced support, likening skiplagging to switching price tags in a department store.
American then filed its own suit, seeking more than $94 million in damages with claims that included misuse of trademarks and copyrighted material, plus other accusations. The result showed how hard it is to make getting off a plane early into a crime. American was awarded $9.4 million, half for Skiplagged's use of its copyrighted logo and half in disgorgement of revenue, a fraction of what it sought.
Its founder reached a private settlement with Orbitz. United's case was dismissed, for the same reason Lufthansa's case against the passenger had failed. Telling people how to skiplag is not illegal, and carriers are likely to keep filing lawsuits over it without success.
Questions people ask
If it is not illegal, can airlines still punish you for doing it?
Yes. The four major U.S. carriers prohibit it in their contracts, and they can revoke status, charge you the full fare price, or refuse to sell you tickets in the future. In practice, enforcement is rare, in part because a missed connection can have an innocent explanation.
What was the $9.4 million American Airlines won actually for?
About half was damages for Skiplagged using American's copyrighted logo, and half was disgorgement of revenue earned in connection with the claims. The core practice of skiplagging was left alone.
How does Skiplagged.com work?
Skiplagged is a travel search site that surfaces connecting itineraries where getting off at the layover city costs less than buying a nonstop to that city. It makes money like other travel sites, and its founder has said millions of people use it each month.