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American sues Kayak.com, Kayak responds

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American sues Kayak.com, Kayak responds

Posted by George Hobica on Thursday, September 4, 2008

In case you missed it, American Airlines and Kayak.com are no longer friends. The short of it is that Kayak, when they list fare search results, sometimes send you directly to the airline's web site, but sometimes they offer a choice of booking with Cheaptickets.com or Orbitz.com. Of course, you'll pay $6 or $7 extra when you book with a third party (it's a convenience fee of sorts).

But what we don't understand is why wouldn't you go directly to Orbitz or Cheaptickets? Why go to Kayak and then to Orbitz when it's really the same fare?

Seems like American didn't get it either, and insisted that Kayak only list American as a vendor. As a result, Kayak pulled American's fares. AA, in its original suit, claims that Kayak was continuing to list its fares, but we don't see any evidence of that. AA wants Kayak to stop using its name, logo, and flight information.

Of course the reason that Kayak includes those other sites is because that's how they make money. They also make money by checking-by-default a pop up window to Priceline.com. (In our opinion, that's a bit naughty: we'll check the box ourselves, thanks, if we want to search Priceline.)

Kayak claims (PDF format) that they stopped listing AA because of "American's demand for incomplete, and therefore biased, search results." Frankly, we don't see how not sending customers to a fare on Orbitz or Cheaptickets that's $6 or $7 higher is incomplete or biased. In Kayak's answer to AA's law suit, it claims that "American Airlnes published false statements concerning Kayak's economic interests" and that AA "intentionally interfered with Kayak's former and prospective customers...thereby causing Kayak to suffer actual damage."

This is great stuff! Basically, it's all about money and, in our opinion, not so much about the user experience on Kayak. When Kayak first began, we thought the whole idea was to send users directly to the airlines, distinguishing the site from Travelocity, Orbitz, and so on. But perhaps there was not enough revenue in that model so they changed the process?

For a while, Kayak was listing fares on Southwest as well, but Southwest didn't like that, and now they just have a link to Southwest's site when you search for fares on routes served by Southwest. Clearly, the absence of American's fares on Kayak makes the site less useful.

And as one consumer commented on this issue:

"AA is not objecting to Kayak or Sidestep from selling tickets on AA, it's the manner in which they are selling them. Based on the law suit Kayak is not selling the tickets based on the agreement in which they signed on to sell AA tickets. They are taking you, the consumer, to third party sites to sell the tickets and their agreement is to sell them from AA.com. By sending people to these third party sites AA is incurring additional fees to sell you the ticket which in turns makes ticket prices higher verses their own ticketing channel. From what I can tell Kayak was getting a preferred kick back from these thrid party sites to run the tickets through them and not AA.

So before you start blasting, read up on the subject before you make yourself look like a bumbling, overly emitional consumer.

I think AA is in the right on this one for a change..."

We would have to agree.

 


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Hmm, I don't think AA or whoever is representing the facts right at all. Kayak includes the results from other travel agent web sites like Orbitz, Cheaptickets, etc because they sometimes have lower fares than the airline. Also, they can sometimes combine fares or fly through nearby airports to create a lower ticket price. For example, for a while AA and UA both had round-trip flights from ORD-IND for ~$65, and IND is usually a cheaper market than ORD, so I would commonly search Kayak and Priceline to see if there was a cheaper routing. As far as the lower price goes, one time when I booked a ticket from STL-SEA, AA listed a higher fare than Orbitz. I booked it on AA after printing out the Orbitz fare rules etc and AA refunded the difference and sent me ~$25 voucher [and charged me $10 for using it BTW :-|].

Anyway, as you can see these other sites have a legitimate claim for being included on Kayak's list of fares. Sure Kayak makes money, you guys make money when I click your help support this site links, we all want to support the good sites and airlines want referrals, so it's a win-win. I think AA just took this too far and was offended when Orbitz etc had lower fares [which may not be available when you click the link on Kayak]. I use Kayak all the time and I never once saw an AA flight that didn't have a link to AA.com, even if it was more expensive. In fact, AA flight would usually come up first, I'm assuming because their web server responded first with results. AA is just having a hissyfit, which as we know now is all resolved, apparently.

Thanks for the post guys, I just wouldn't make a judgement on a case that was pending. A lot of he said, she said stuff, with no real proof.

@Matthew

by Matthew Weyer on Monday, November 03, 2008
Why go to Kayak rather than Orbitz or another site? Simple. Kayak makes it easy to find fares based on more criteria than any other site. Being able to say, for example, that I want to leave between 8AM and 1 PM and arrive between 5PM and 9 PM is very useful.
by Scott on Friday, September 05, 2008
I don't see why Kayak should be faulted for trying to make money. Perhaps some customers might prefer going right to Orbitz since they have a profile already filled in on that site for their family with multi- frequent flyer numbers, etc and choose to pay the booking fee for this ease of use. Orbitz can be used to book many different carriers, not just aa. So I would not assume that people don't want to go to Orbitz.

So what is priceline.com pays a premium to be the default second search engine? there is no booking fee. What is the big deal?

I think you all have your hair on fire over nothing. Business is Business. Give Kayak a break! They have saved us lots of money.

by Chris on Friday, September 05, 2008
I don't know the legal aspects of the business agreements, and that does matter, of course. From the viewpoint of the consumer, however, kayak is very useful in principle. The idea is to avoid having to check more than a dozen websites to find the best fares on particular routes on particular days.
by Dave on Friday, September 05, 2008
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