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Mexico’s tourism tax challenged in court

For the past 15 years, three U.S. airlines have been charging passengers for the Mexican government’s tourism tax even though they are exempt from the fee, a class-action lawsuit in Florida contends.

Mexican citizens, resident foreigners, diplomats and children aged under two are exempt from the $US20-25 tax but most airlines don’t make that distinction and routinely add the charge on to all tickets issued to Mexico.

The airlines flying into Mexico are contractually obliged to collect the tax from the appropriate passengers and pass the money on to the Mexican government. 

According to the Florida Times Union, the class-action suit filed in U.S. District Court in Brunswick argues that Delta Air Lines, United Airlines and American Airlines have kept the money of passengers who are exempt from the tax.      

The Times Union says the lawsuit is claiming passengers are usually unaware of the tax, which is “buried in the details of costs and fees.” 

Ticketing systems and agents don’t ask for the passenger’s status when a ticket is purchased and charge the tax automatically.

Both American Airlines and Alaska Airlines (not involved in the lawsuit) provide information online on how those exempt from the tourism tax can go about getting a refund.  Delta and United do not appear to have similar information on their websites. 

Alaska says passengers “must present their documentation to a Customer Service Agent when checking in at the airport.” The agent will then “initiate a refund request.”  Alternatively, the passenger “may mail or fax copies of the documents, along with your ticket number or confirmation code” to Alaska Airlines’ refund department in Seattle.   American simply says, “If you think you’re entitled to a refund, please contact Refunds to submit a claim.” A link provides access to the Refunds page.

One blogger who went through the process with U.S. Airways (also not involved in the lawsuit) said it “involved more than a dozen emails, three faxes, and almost four months.”   He did, however, eventually manage to obtain a refund on tax wrongly charged on four flights.

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