that is correct dr kay and although it contains sections concerning both baggage and refunds it says nothing specifically about refunds a baggage fees after a cancellation like correct that is correct the the check baggage refusal to transport their refund will be made to rec league to you if the ticket is totally and you lose the full amount paid with no service character refund penley correct back provision from the private negotiation and if you asked about tell you in a minute why i want to go there it's a complex question and i think there's a lot of history because the score never rests anything other then let me tell you wh to that agreement to enhance the parties bargain those are open to preemption under the airline deregulation act we cited one a we just have a certain case travel all over the world in our brief that articulate said i think all slowed united states set any time in frame for processing second set americans conditions of carriage was available to air point agents on the day of the flight and would have been available to the piper if she did ask for review book that i can't imagine and that august eleventh two thousand and eight the day that the plaintiffs cancelled their flight the only place where the defendants claimed baggage fee refund policy was posted for the public was in the  section of the defendants website that is price ok so if a passenger was interested in learning about baggage he refunds one and the website would direct her to the or your honor if they had a question about whether refunds were given we think the frequently asked questions would provide them with that information it is in the record that it was publicly available on that now being ok with you but let me let me go look for it within the fee know to go through a section entitled baggage allowance why believe how the question is actually the frequently asked questions the way it's presented his question in the event a number and the way the big that a passenger is allowed to take on the flight correct that's correct rudder but i don't believe that the specific this was a separate question it was under baggage a while once it was a are the airlines acting fairly with consumers with all this rigamarole that a consumer has to go through i mean how could anybody find this information we believe the it is it is on the website but i do that because that that's correct but what i wanted to highlight you know us players counsel i believe what one of the cases that was best for him one of the cases that i'd like to bring up at the court on  and that's what the court said basically your your affirmative defense undergrad to sixty heene was an affirmative defense of tender i mean and that should moved out of the case and the trial court agreed with but there's an exception to the policy was consistent that if your policy has no legal legal consequences for you and you're doing it could to destroy as a friend you know we're going to give you your most people but we don't  t be a good thing seriously i it does it it made an effort to do so i think here it was deprived of an offer but sometimes class actions make operations even better neighbors well one thing good the courts have recognized and the gate that due diligence of the class representative in pursuing the class particularly the opus discovery should you be allowed to abort the action because the policy of the i think that is you can out until we where the lawyers that's what the considerations are and the question is whether in this case there was a policy should prevail over the other because you're not going to let this you see these are the problems it's a very simple thing for airlines to do this is a pencil call it a pencil you have an outfit called an elephant but when people have to go of the deliberations when when it becomes time to consider the motion for class certification instead of trying to the side that have at the very outset when you have pick off the plaintiffs so much as it was but that the nation is just make during class certification unless it's so obvious fact that nothing further is is