Order 2011-4-3

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation

On the 5th day of April, 2011

Flythere4less.com OST-2011-0003

Served April 5, 2011

Violations of 14 CFR Part 257 and

 49 U.S.C. § 41712

CONSENT ORDER

This consent order concerns violations by Flythere4less.com (Flythere4less), an online 

airline ticket agent, of the Department’s code-share disclosure rule, 14 CFR Part 257, and

the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712. It 

directs Flythere4less to cease and desist from future violations of Part 257 and section 

41712 and assesses Flythere4less $40,000 in civil penalties.

Section 257.4 of the Department’s code-share disclosure rule states that the holding out or 

sale of scheduled passenger air transportation involving a code-sharing arrangement is an 

unfair and deceptive trade practice in violation of 49 U.S.C. § 41712 unless, in 

conjunction with that holding out or sale, the advertiser follows certain notice 

requirements, including those of 14 CFR 257.5(d). The specific terms of section 257.5(d) 

require that print advertisements, including those published on the Internet, “prominently 

disclose that the advertised service may involve travel on another carrier,” “clearly 

indicate the nature of the service in reasonably sized type,” and “identify all potential 

transporting carriers... by corporate name and by any other name under which that service

is held out to the public.” 

An investigation by the Office of Aviation Enforcement and Proceedings (Enforcement 

Office) revealed a significant lack of compliance by Flythere4less with section 257.5.

During at least the latter half of 2010, Flythere4less failed to properly disclose the

existence of code-sharing arrangements when advertising code-share flights operated on 

behalf of a major air carrier by a regional air carrier on its Internet website 

www.flythere4less.com. Specifically, it did not display the corporate names of the 

transporting carriers and any other names under which those flights were held out to the 

public on its flight itinerary pages. Flythere4less’ failure to properly disclose the 

existence of code-sharing arrangements and the names of the transporting carriers could 
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have resulted in consumers being deceived regarding the identity of the airline that was

actually to operate the aircraft on which the consumer would be flying.

In mitigation, Flythere4less states that it relied on a Global Distribution System (GDS) to

provide it with the flight information it advertised on its website, www.flythere4less.com.

Flythere4less states that the GDS failed to provide Flythere4less with the name of the 

operating carrier on code-share flights when both the operating carrier and the marketing 

carrier shared the same airline code. Flythere4less states, however, that when the 

operating carrier and the marketing carrier had different codes, the GDS did provide

Flythere4less with the name of the operating carrier, which allowed Flythere4less, in 

these instances, to correctly advertise the name of the operating carrier on its website. 

Flythere4less further states that the GDS now provides the corporate name of the 

operating carrier involved in a code-sharing arrangement for all flights.

We view seriously the failure of Flythere4less to disclose code-sharing arrangements as 

required by 14 CFR Part 257. Accordingly, after carefully considering all of the facts in 

this case, including those set forth above, the Enforcement Office believes that 

enforcement action is warranted. In order to avoid litigation, Flythere4less agrees to the 

issuance of this order to cease and desist from future similar violations of Part 257 and 49 

U.S.C. § 41712 and to the assessment of $40,000 in compromise of potential civil 

penalties otherwise assessable against it. We believe that this compromise assessment is 

appropriate in view of the nature and extent of the violations in question, serves the 

public interest, and provides a meaningful incentive to all airlines and ticket agents to 

comply with the Department’s code-share disclosure rule.

This order is issued under the authority contained in 49 CFR 1.57a and 14 CFR 385.15.

ACCORDINGLY,

1. Based on the above discussion, we approve this settlement and the provisions of 

this order as being in the public interest;

2. We find that Flythere4less.com violated 14 CFR 257.5(d) by failing to disclose 

code-sharing arrangements as required;

3. We find that by engaging in the conduct and violations described in ordering 

paragraph 2 above, Flythere4less.com engaged in an unfair and deceptive 

practice and unfair method of competition in violation of 49 U.S.C. § 41712;

4. We order Flythere4less.com and all other entities owned or controlled by, or 

under common ownership and control with Flythere4less.com, and its 

successors and assignees to cease and desist from further violations of 

14 CFR Part 257 and 49 U.S.C. § 41712;
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5. We assess Flythere4less.com $40,000 in compromise of civil penalties that

might otherwise be assessed for the violations described above. Of this total 

penalty amount, $20,000 shall be due and payable as follows: $5,000 shall be 

due and payable within 30 days of the date of issuance of this order; three 

payments of $5,000 each shall be due and payable on May 1, 2011, 

June 1, 2011, and July 1, 2011. The remaining portion of the civil penalty 

amount, $20,000 shall become due and payable if, within one year of the date of 

issuance of this order, Flythere4less.com violates this order’s cease and desist 

provisions or fails to comply with this order’s payment provisions, in which 

case, Flythere4less.com may become subject to additional enforcement action 

for violation of the order; and

6. Payments shall be made by wire transfer through the Federal Reserve 

Communications System, commonly known as “Fed Wire,” to the account of 

the U. S. Treasury in accordance with the instructions contained in the 

Attachment to this order. Failure to pay the penalty as ordered will subject 

Flythere4less.com to the assessment of interest, penalty and collection charges 

under the Debt Collection Act and to possible enforcement action for failure to 

comply with this order.

This order will become a final order of the Department 10 days after its service date 

unless a timely petition for review is filed or the Department takes review on its own 

motion.

BY:

ROSALIND A. KNAPP

Deputy General Counsel

(SEAL)

An electronic version of this document is available on the World Wide Web at

www.regulations.gov