Air Consumer

This consent order concerns advertisements by Gate 1, Ltd., (Gate 1) a ticket agent, that violated 14 CFR 399.84 the Department’s rule on full-fare advertising, and 49 U.S.C. § 41712, which prohibits unfair and deceptive practices by air carriers and ticket agents. This order assesses a compromise civil penalty of $50,000 and directs Gate 1 to cease and desist from future similar violations.

This notice is intended to give further guidance to air carriers and other sellers of air
transportation on how those additional taxes, fees, and restrictions that are permitted to be
listed separately from a fare quotation may be disclosed in advertisements.1 This
guidance will be used by the Office of Aviation Enforcement and Proceedings in its
compliance and enforcement activities associated with 14 CFR 399.84, the Department’s
full fare advertising rule, and 49 U.S.C. 41712, which prohibits unfair and deceptive
practices.

This notice is intended to give guidance to airlines and other sellers of air transportation on how additional taxes, fees, and restrictions that are currently permitted to be listed separately from a fare quotation may be disclosed in advertisements on Twitter, Facebook, and other online social media sites. This guidance will be used by the Office of Aviation Enforcement and Proceedings in its compliance and enforcement activities associated with 14 CFR 399.84, the Department’s full fare advertising rule, and 49 U.S.C. § 41712, which prohibits unfair and deceptive practices, until January 24, 2012, when, as discussed below, a new rule becomes effective.

This notice is intended to give guidance to U.S. and foreign air carriers on this office’s enforcement policy concerning the prohibition of post-purchase price increases for services and products not purchased with the ticket in light of the U.S. Department of Transportation’s recent announcement to conduct further rulemaking in this area.   

This notice provides guidance for foreign air carriers regarding the content of the written explanation on denied boarding compensation and boarding priorities that carriers must provide to passengers who are denied boarding involuntarily, and to other interested persons at a U.S. airport upon request.   

Powerpoint presentation on 2011 amendments

Please forward this message to the individuals in your organization that deal with DOT's quarterly "Report of Passengers Denied Confirmed Space" (BTS Form 251). On June 30, 2004, DOT's Bureau of Transportation Statistics issued a Reporting Directive transmitting revised instructions for BTS Form 251, "Report of Passengers Denied Confirmed Space." This report is the source of the oversales data in the Aviation Consumer Protection Division's Air Travel Consumer Report. On July 2, 2004, Norman Stickman, the Director of the A.C.P.D., e-mailed this Reporting Directive and the revised instructions to the air carriers that are listed individually in the Oversales section of the Air Travel Consumer Report. A copy of that message appears below, and a copy of the Reporting Directive and revised instructions is attached. The Reporting Directive and the revised instructions (paragraph F) noted that Line 8 of the form, compensation paid, should include only cash or check payments to the persons described on that line; it should not include the actual or estimated value of any transportation vouchers provided to those passengers. We have recently completed an analysis of the Form 251 submissions for the 4th quarter of 2005 by the 19 carriers that are listed in the Oversales section of the Air Travel Consumer Report, and certain findings cause us to question whether some carriers may be including the value of transportation vouchers in the figure that appears on Line 8 of Form 251.

SUMMARY: The Department of Transportation is issuing a final rule to improve the air travel environment for consumers by: Increasing the number of carriers that are required to adopt tarmac delay contingency plans and the airports at which they must adhere to the plan’s terms; increasing the number of carriers that are required to report tarmac delay information to the Department; expanding the group of carriers that are required to adopt, follow, and audit customer service plans and establishing minimum standards for the subjects all carriers must cover in such plans; adding carriers to those required to include their contingency plans and customer service plans on their websites; increasing the number of carriers that must respond to consumer complaints; enhancing protections afforded passengers in oversales situations, including increasing the maximum denied boarding compensation airlines must pay to passengers bumped from flights; strengthening, codifying and clarifying the Department’s enforcement policies concerning air transportation price
advertising practices; requiring carriers to notify consumers of optional fees related to air transportation and of increases in baggage fees; prohibiting post-purchase price increases; requiring carriers to provide passengers timely notice of flight status changes such as delays and cancellations; and prohibiting carriers from imposing unfair contract of carriage choice-offorum provisions. The Department is taking this action to strengthen the rights of air travelers in the event of oversales, flight cancellations and delays, ensure that passengers have accurate and adequate information to make informed decisions when selecting flights, prohibit unfair and deceptive practices such as postpurchase price increases and contract of carriage choice-of-forum provisions, and to ensure responsiveness to consumer complaints.

This manual is a guide to the Air Carrier Access Act (ACAA) and its implementing
regulations, 14 CFR part 382 (part 382). It is designed to serve as a brief but
authoritative source of information about the services, facilities, and accommodations
required by the ACAA and the provisions of part 382. The manual does not expand air
carriers’ legal obligations or establish new requirements under the law. It contains
suggested practices and procedures for carriers to use on a voluntary basis to implement
Part 382.