Southwest Airlines objects to check-in Web sites

By JA'RENA LUNSFORD
The Oklahoman
Thursday, June 07, 2007

Sitting in his Norman, Okla. living room in January, Neville Aga said he was surprised Southwest Airlines had not contacted him concerning his Internet-based company, CheckinSooner.com.

Now five months later, the entrepreneur is no longer unknown to the Dallas-based airline, which has asked Aga to cease operating his site or face possible litigation.

CheckinSooner.com allows travelers to check in for their flights within three minutes of their 24-hour check-in window without having to sit in front of the computer. The site serves travelers flying Southwest, American, Delta, United and Continental. Travelers pay a fee to use the service - often in hopes of being upgraded or in Southwest's case, receiving the coveted "A" boarding pass that allows travelers to board first.

But Southwest says the site is against the airline's online terms and conditions, and is therefore a breach of contract.

"One thing it (www.southwest.com) clearly lays out is that a third-party company cannot use the Web site for commercial purposes," Southwest spokesman Chris Mainz said. Mainz said he could not comment on whether the airline has decided to sue CheckinSooner.

Southwest sent Aga his first cease and desist letter at the end of February. Aga, who said he wanted to work with, not against, Southwest from the beginning, agreed to comply with some of Southwest's request, such as removing CheckinSooner.com advertisements from Southwest kiosks and removing any of the airline's copyrighted items from his site. But Aga did not shut down his site, and has no plans to.

"They (Southwest) are acting like a dad, saying 'You can't do this,' instead of giving travelers a choice," Aga said. "I think the traveling public ought to have the right to use a service like mine if they want to.

"It should be the traveler's choice, not Southwest's."

This is not the first time Southwest has heard this argument. Kate Bell knows the argument - and the repercussions - very well. Bell, who founded BoardFirst.com in 2005 to help Southwest travelers get an "A" boarding pass for $5, has been in litigation with the airline for more than a year.

"I'm still fighting them every day," Bell said. Phoenix-based BoardFirst will give its deposition next week, Bell said. She said the case is supposed to go to court in October, but she doubts that will happen.

"We could be in this another year," said Bell, who filed a defamation lawsuit against Southwest.

Another year in litigation might not be so bad for BoardFirst.

"Them suing us was the best thing that ever happened to us," Bell said. The suit brought attention to her business, which has doubled, she said. Her site now has 10,000 users.

William Eger of Altus, Okla. is one of the travelers who learned about BoardFirst after reading about Southwest's lawsuit against the company. Eger, who sometimes would have to get up at 6 a.m. the day before his flight to insure he got an "A" boarding pass, said he doesn't understand why the airline would be against anything that brings convenience to its travelers.

"Southwest doesn't lose any money and it (BoardFirst) makes for happier passengers," said Eger, who used the site in February. "It's a win-win for everyone."

Aga acknowledges that a lawsuit against CheckinSooner could bring the same kind of attention and growth to his company, but he's hoping a court case is not in his future.

"I started this as a side interest," Aga said. "It's very nerve-racking when you have someone with as deep pockets as Southwest coming after you."

Mainz said the issue is not about shutting down other businesses, but maintaining quality customer service for Southwest travelers.

"We've placed a high value on the relationship we've built with our customers and that's a service we can't control through a third-party," Mainz said. He said there is a security concern when travelers are giving their boarding information to parties not affiliated with Southwest.

Aga argues that third-parties such as T-Mobile and Google use Southwest's site for commercial purposes without being held liable for breech of contract.

"Southwest is singling myself and BoardFirst out," Aga said.

Mainz said Google's use of Southwest site is approved because the search engine takes travelers to Southwest's site, where the airline then can control the service.

Aga said he told Southwest he will follow the ruling that is made in the BoardFirst case in October, meaning come this fall CheckinSooner may be ordered to logoff for good.