Passengers who purchased Delta tickets before the airline announced its new baggage surcharge can request a full refund thanks to Delta’s contract of carriage. According to the contract, you “may request a full refund” if Delta makes a change that “materially affects the terms and conditions of your ticket purchase.” Most travelers won’t exercise their right to a refund, but if that planned vacation is starting to look a little too pricey, this tip is for you.

From Delta’s contract of carriage:

D. Amendments to Conditions of Carriage

1. Amendment by Delta

…Your travel will be governed by the rules that are in effect on the date your travel begins. In the event that we amend these Conditions of Carriage in a way that materially affects the terms and conditions of your ticket purchase after you have purchased your ticket but before your travel begins, and you do not agree to be bound by the rules as amended, you may request a full refund of your ticket price.

“Materially adverse” means the same thing to airlines that it means to cellphone companies. To receive a refund, you need to have booked your ticket before February 4, with travel commencing after May 5.

Unlike cellphone contracts, your goal isn’t to break free without penalty so you can switch to another carrier. You most likely want the fee waived. Here’s what you can try: call Delta, and explicitly state three things;

• 1. You are affected by the new baggage fee, which constitutes a material change to the contract;
• 2. You do not agree to pay the new fee;
• 3. As a result, Delta’s contract of carriage entitles you to a full refund.

Mention that you may be willing to keep your scheduled booking if they are willing to waive the new baggage fees. Keep in mind that Delta is only required to refund your full fare, not waive the fee. Still, it’s worth a shot. If you call, send an email to the tipline and let us know how it goes.

2nd Checked Bag Fee Roundup… [DansDeals]
PREVIOUSLY: Delta’s New Baggage Fee Is Retroactive

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