Air tour operators sue McCarran over fees charged for sightseeing flights

Four air tour operators say McCarran International Airport in Las Vegas has charged them some $5.827 million in unauthorized fees since 2001 – and they want that money back.

Heli USA Airways Inc., Papillon Airways Inc., Sundance Helicopters Inc. and Grand Canyon Airlines Inc. sued the airport and its owner, Clark County, last week in Clark County District Court.

The lawsuit says McCarran has been charging passenger facility charges (PFCs) for sightseeing flights exempt from such fees.

The suit says a 2001 order from the Federal Aviation Administration said "tours that begin and end at one point without stopping at intermediate points (other than technical stops such as for refueling) are not trips for PFC purposes."

"Despite the FAA order, defendants have continued to demand, collect and retain PFCs from plaintiffs for flights that … the FAA order do not authorize," the suit alleges. "Plaintiffs have not passed the PFCs on to their customers, but have paid it themselves to satisfy defendants’ demands."

The suit says the tour operators have contracts with McCarran and suggests that they must pay the fees demanded of them so as not to jeopardize those contracts.

The lawsuit includes legal counts of breach of contract and "fraud-intentional misrepresentation," charging: "Defendants falsely and intentionally made express representations to plaintiffs that plaintiffs were legally obligated to pay the PFCs that the defendants were charging to plaintiffs."

In line with its policy, a McCarran spokeswoman said the airport had no immediate comment on the lawsuit.

Legal

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