Air Consumer

This order concerns violations by Primaris Airlines, Inc. (Primaris) of the requirements of 14 CFR Part 382 (Part 382), with respect to the filing of annual reports detailing disability-related complaints that Primaris received from passengers in calendar years 2005 and 2007. Part 382 implements the Air Carrier Access Act (ACAA), 49 U.S.c. § 41705, and violations of Part 382 also violate the ACAA. This order directs Primaris to cease and desist from future similar violations of Part 382 and the ACAA and assesses the carrier $80,000 in civil penalties.

This consent order concerns fare displays by Allegiant Air, LLC (Allegiant) on its website (www.allegiantair.com) that failed to comply with the Department’s rule on full fare advertising, 14 CFR 399.84, and the related statute, 49 U.S.C. § 41712(a). The carrier assessed a “convenience fee” on all ticket purchases except those made at one of the carrier’s airport ticket offices. Under section 399.84, this fee should have been included in initial fare quotes on Allegiant’s website. This order assesses a compromise civil penalty of $50,000 and directs the carrier to cease and desist from future similar violations.

This order concerns the unlawful assertion of sovereign immunity by Thai Airways International Public Company Ltd. ("Thai Airways"), a foreign air carrier holding permit and exemption authority to operate to and from the United States, conduct that violated the express terms of its operating authority, 49 U.S.C. $ 41301, and constituted an unfair and deceptive practice in violation of 49 U.S.C. 3 41712. By engaging in air commerce within the United States after it violated the terms of its authority, Thai Airways also engaged in unlawful foreign air transportation in violation of 49 U.S.C. $ 41703. This consent order directs Thai Airways to cease and desist from future violations and assesses the carrier a compromise civil penalty of $15,000.

This consent order concerns fare displays by Flight Centre USA, Inc. ("Flight Centre") on its website (www.flightcentre.us) and in newspaper advertisements the company published in the Los Angeles Times and the Chicago Sun Times that failed to comply with the Department's rule on full fare advertising, 14 CFR 399.84. Flight Centre's website and newspaper advertisements did not properly disclose government fees and taxes applicable to its advertised fares, and did not include fuel surcharges applicable to fares in certain markets in the advertised fare. These advertising practices, in addition, constituted an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. $ 41712. This order directs the company to cease and desist from future similar violations and assesses a compromise civil penalty of $40,000.

This consent order concerns fare displays by AirTran Airways on its website (www.airtran.com) that failed to comply with the Department’s rule on full fare advertising, 14 CFR 399.84. The carrier’s website failed to include fuel surcharges applicable to advertised fares in certain markets. These advertising practices, in addition, constituted an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. § 41712. Based on these violations, this order assesses a compromise civil penalty of $45,000 and directs the carrier to cease and desist from future similar violations.

This consent order concerns Virgin America, Inc.’s (Virgin America) advertisement and sale of proposed new air service prior to the carrier obtaining effective economic authority from the U.S. Department of Transportation (Department) in violation of 14 CFR 201.5, which also violated 49 U.S.C. § 41712, the statutory prohibition on unfair and deceptive practices and unfair methods of competition. The order assesses a compromise civil penalty of $25,000 and directs the carrier to cease and desist from further violations.

This order concerns violations of the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705,1 which prohibits discrimination in air travel against individuals with disabilities. Since the apparent ACAA violations occurred in foreign air transportation they constitute violations of 49 U.S.C. § 41310(a), which prohibits an air carrier from subjecting a person to unreasonable discrimination in foreign air transportation. ACAA violations also constitute unfair and deceptive trade practices in violation of 49 U.S.C. § 41712. This order directs Compania Mexicana de Aviacion, S.A. de C.V. (Mexicana) to cease and desist from future violations of the ACAA and assesses a compromise civil penalty of $75,000 for such violations.

This consent order concerns advertisements by AHI International Corporation d/b/a AHI Travel and Alumni Holidays ("AHI Travel"), that violate the Department's advertising requirements specified in section 399.84 of the Department's regulations (14 CFR 399.84), and constitute unfair and deceptive trade practices and unfair methods of competition in violation of 49 U.s.c. § 41712. This order directs AHI Travel to cease and desist from future violations and assesses the company compromise civil penalties of $45,000.

This consent order concerns the unlawful holding out of air transportation by Jet One Jets, Inc., (JOJ) in contravention of the statutory licensing requirements of 49 U.S.C. § 41101, and 49 U.S.C. § 41712, which prohibits ticket agents and air carriers from engaging in unfair and deceptive practices and unfair methods of competition. It directs JOJ to cease and desist from such further violations and assesses JOJ a compromise civil penalty of $60,000.

This consent order concerns the display of inaccurate and misleading information on the US Airways website regarding fares for infants traveling on a parent’s lap (“lap infants”). The inaccurate display of fare information constitutes an unfair and deceptive trade practice and unfair method of competition in violation of 49 U.S.C. § 41712 and violates the full-fare advertising requirements of 14 CFR 399.84. This order directs the carrier to cease and desist from similar conduct in the future and assesses a compromise civil penalty of $100,000 under 49 U.S.C. § 46301.