Order 2012-11-27

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Twenty-Third day of November, 2012

STI Travel, LLC Docket OST 2012-0002

Served November 23, 2012

Violations of 49 U.S.C. § 41712 and 

14 CFR 399.84(a)

CONSENT ORDER

This consent order concerns Internet advertisements by STI Travel, LLC, (STI) that 

failed to comply with the Department’s full-fare advertising rule, 14 CFR 399.84(a), and 

constituted an unfair and deceptive practice prohibited by 49 U.S.C. § 41712. It directs 

STI to cease and desist from future violations of Part 399 and section 41712 and assesses 

STI a compromise civil penalty of $20,000. 

Applicable Law

STI is a ticket agent1 and is therefore subject to the advertising requirements of Part 399 

of the Department’s rules and the prohibition in 49 U.S.C. § 41712 against engaging in 

unfair and deceptive practices. To ensure that consumers are not deceived and are given 

accurate and complete fare information on which to base their airline travel purchase 

decisions, 14 CFR 399.84(a) requires that advertisements specifying airfares and tour 

package prices with an air component state the entire price to be paid by the consumer. 

Although charges included within the single total price listed, e.g., government taxes, 

may be described separately, including through links or “pop ups” on websites that 

display the total price, such descriptions may not be false or misleading, may not be 

 1 A “ticket agent” is “a person (except an air carrier, a foreign air carrier, or an employee of an air 

carrier or foreign air carrier) that as a principal or agent sells, offers for sale, negotiates for, or holds itself 

out as selling, providing, or arranging for air transportation.” 49 U.S.C. § 40102(a)(45).
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displayed as prominently as the total price, may not be presented in the same or larger 

size as the total price, and must provide cost information on a per-passenger basis that 

accurately reflects the cost of the item covered by the charge. Violations of section 

399.84(a) also constitute violations of section 41712.

Facts and Conclusions

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

Office) found that for a period of time after January 2012, STI advertised on its website 

and via email messages tour packages with an air component that did not include the 

entire price to be paid by the consumer and, therefore, failed to meet the requirements of 

14 CFR 399.84(a). More specifically, the advertised prices of tour packages did not 

include “airport taxes and fuel surcharges.” Such conduct also constitutes an unfair and 

deceptive practice prohibited under 49 U.S.C. § 41712.

 

 Mitigation

In mitigation, STI states that it is a small business and serves a very specialized market. 

STI states that 90 percent of its bookings concern travel arrangements to Egypt and that

prior to this incident, it had never been contacted by the Department regarding a violation 

of the Department’s rules. STI states that it takes its obligations under the DOT's fullfare advertising rule very seriously and vows that it had no intention of violating any 

Departmental regulation. STI explains that, upon receipt of the Department's 

investigation letter, it took the necessary action to comply with the Department’s 

regulations and brought its website into full compliance immediately. STI states that its 

website is intended to be an information source and it does not allow consumers to book 

travel via its website. STI further states that only a small number of its travel packages 

include an air component, and those are marketed exclusively to travel agents, not 

individual consumers. STI explains that the advertising published on its website is 

intended exclusively for travel agents and requires interested agents to contact STI by 

phone, fax or email. 

STI Travel asserts that it never intended to disregard the Department’s requirements or to 

mislead customers in any way. STI states that it has never received any complaints or 

questions from consumers concerning its fam trips (familiarization trips for travel agents) 

or the pricing advertised on its website.

Decision

The Enforcement Office has carefully considered the information provided by STI and 

believes that enforcement action is warranted. The Enforcement Office and STI have 

reached a settlement of this matter in order to avoid litigation. Without admitting or 

denying the violations described above, STI consents to the issuance of this order to 

cease and desist from similar violations of 49 U.S.C. § 41712 and 14 CFR 399.84(a) and 

to the assessment of $20,000 in compromise of potential civil penalties otherwise due and 

payable pursuant to 49 U.S.C. § 46301.
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This compromise assessment is appropriate considering the nature and extent of the 

violations described herein and serves the public interest. It represents a strong deterrent 

against future noncompliance with the Department’s airfare advertising regulations. 

This order is issued under the authority contained in 49 CFR Part 1.

ACCORDINGLY,

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

this order as being in the public interest;

2. We find that STI Travel, LLC, violated 14 CFR 399.84(a) by failing to advertise 

the entire price to be paid by consumers for tour packages with an air component;

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

paragraph 2, above, STI Travel, LLC, engaged in an unfair and deceptive trade 

practice in violation of 49 U.S.C. § 41712;

4. We order STI Travel, LLC, and all other entities owned or controlled by, or under 

common ownership and control with STI Travel, LLC, their successors and 

assignees, to cease and desist from further similar violations of 

49 U.S.C. § 41712 and 14 CFR 399.84(a). Failure to comply with this cease and 

desist provision shall subject these entities to further enforcement action;

5. We assess STI Travel, LLC, $20,000 in civil penalties in compromise of civil 

penalties that might otherwise be assessed for the violations found in ordering 

paragraphs 2 and 3 above. Of this total penalty amount, $10,000 shall be due and 

payable as follows: $2,500 shall be due within 30 days of the date of issuance of 

this order and additional payments of $2,500 each shall be due on March 1, 2013, 

July 1, 2013, and December 31, 2013. Any unpaid portion of the civil penalty 

amount shall become due and payable immediately if, between the date of 

issuance of this order and January 31, 2014, STI Travel, LLC, violates this order’s 

cease and desist or payment provisions, in which case STI Travel, LLC, may 

become subject to additional enforcement action for any violation of the order; 

and

6. We order STI Travel, LLC, to pay the penalty through Pay.gov 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 shall subject STI Travel, LLC,

to the assessment of interest, penalty, and collection charges under the Debt 

Collection Act and to further enforcement action for failing to comply with this 

order. 
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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:

SAMUEL PODBERESKY

Assistant General Counsel for 

 Aviation Enforcement and Proceedings 

An electronic version of this document is available at

www.regulations.gov