1

Department of Transportation

Office of Aviation Enforcement and Proceedings

)

)

British Airways )     February 5, 2013

)  

Multiple Price Advertising Violations of   )

49 U.S.C. § 41712 and 14 CFR 399.84(a)   )

)   

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ )

British Airways charges fuel surcharges of amounts impermissible under DOT rules, fails to disclose

these surcharges in the manner required by DOT rules and, for certain around‐the‐world tickets,

misrepresents fuel surcharges as “tax.”

I hereby request that DOT docket this complaint as a request for DOT to exercise its authority under 49

USC 41712 to investigate and impose sanctions on British Airways for the unfair and deceptive practices

described herein.

British Airways Fuel Surcharges Do Not Represent a Reasonable Estimate of Per‐Passenger Fuel Costs

Above Any Plausible Baseline

The DOT requires that “When a cost component is described as a fuel surcharge ... that amount must

actually reflect a reasonable estimate of the per‐passenger fuel costs incurred by the carrier above some

baseline calculated based on such factors as the length of the trip, varying costs of fuel, and number of

flight segments involved.”  The DOT instructs airlines to accompany any such fuel surcharge disclosure

with an explanation of the method of calculation: “For example, descriptions such as the following

would be acceptable: ‘Fare includes a fuel surcharge.   On average our passengers paid $xx.xx more for

fuel during 2011 in their ticket price than they did in 2000;’ or ‘Fares include a charge for fuel.  On

average in 2011 our passengers paid $xx.xx for fuel as a part of their ticket price.’  Of course, such

assertions must be based on the carrier’s actual paid enplanements and fuel expenditures.”  See

Additional Guidance on Airfare/Air Tour Price Advertisements (available at

http://airconsumer.dot.gov/rules/Notice.Taxes.fees.sam.dl.13.website.pdf ).

In May 2012, I booked BA OnBusiness award travel from Singapore to Boston.  At that time, BA quoted

“fuel surcharge” of $521 for first class travel SIN‐LHR‐BOS.  See Attachments 1 and 2 (prepared May 30,

2012).

Current BA fuel surcharges for BOS‐LHR are $229 per person each way (for coach and World Traveler

Plus) and $414 each way (for Business Class and First Class).  See Attachments 3 and 4 (prepared January

12, 2013).
2

To the best of my knowledge, these amounts are not a reasonable estimate of the per‐passenger fuel

cost incurred by British Airways above any reasonable baseline.  While fuel prices are high, they are

stable and have not been increasing significantly over recent years.  See Attachment 5, taken from the

IATA Economics web site, showing stable fuel prices over the past two years, and prices consistently well

below the peak of 2008.

British Airways Fuel Surcharges Are Implausibly High Vis‐à‐vis Ordinary Paid Tickets

For further evidence that BA fuel surcharges are not a reasonable estimate of per‐passenger fuel costs

above a baseline, I checked ordinary paid bookings on BA flights.  I quickly found instances in which the

BA “fuel surcharge” exceeded 70% of the total cost of an ordinary paid ticket.  For example, on January

20, 2013, I used the BA web site to quote an ordinary paid coach ticket for BOS‐LHR‐BOS at $640 plus

government taxes of $218.85.  See Attachment 6.  In contrast, when I asked to redeem points for the

same flights on the same dates, the BA Executive Club and OnBusiness redemption tools noted the

required points plus $458 of British Airways fuel surcharge and government taxes of $218.85.  See

Attachment 7.

It is not plausible that $458/$640=71.5% of total airfare is fuel cost above a baseline.  This confirms that

the British Airways “fuel surcharge” does not reflect a reasonable estimate of per‐passenger fuel costs

above a baseline.

British Airways Fuel Surcharges Appear to Exceed BA’s Actual Cost of Fuel  

As best I can determine from publicly‐available sources, BA fuel surcharges currently exceed BA’s actual

cost of fuel.  To make this calculation, I checked capacity, fuel surcharges, and fuel consumption on BOS‐

LHR and LHR‐LAX.  This combination of routes offers both transatlantic directions, BA’s two prevailing

equipment types, and a mix of shorter and longer transatlantic routes.  The table below summarizes my

calculations:

BOS‐LHR (777 service) LHR‐LAX (747 service)

Fuel surcharge revenue    

Passengers

First Class     16 * $414 = $6,624    14 * $452 =   $6,328

Club   48 * $414 =   $19,872    52 * $452 =   $23,504

World Traveler Plus   40 * $229 =   $9,160    36 * $229 =   $8,244

World Traveler   122 * $229 =   $27,938    243 * $229 =   $55,647

Total passenger fuel surcharge     $63,594     $93,723    

Cargo    

Capacity 35,000 kg 34,000 kg

Fuel surcharge   $1.16/kg        $1.16/kg     

Total cargo  fuel surcharge       $40,600     $39,440

Total fuel surcharge revenue    $104,194    $133,163

Fuel expense

Scheduled travel time 6:20 10:10

Fuel consumption per hour 7,600 liters/hour 12,788 liters/hour

Price of jet  fuel $0.766/liter $0.766/liter

BA Price Advertising Violations
3

Total fuel expense     $36,870     $99,589

Notice that total fuel surcharge revenue for these routes is $104,194 and $133,163, respectively.  In

contrast, total fuel expense is less, specifically $36,870 and $99,589.   This indicates that fuel surcharge

revenue appears to exceed BA’s actual cost of fuel.

BA may argue that my fuel surcharge revenue estimates should be adjusted in light of the passenger and

cargo load factors.  I have not fully evaluated that argument.  But even such an adjustment would not

alter the conclusion that BA’s fuel surcharges are not a reasonable estimate of increased fuel costs

above a baseline.  Specifically, BA parent IAG publicly reports its transatlantic passenger load factor as

83.7% and its systemwide  cargo load factor as 73.9%.  After these adjustments, fuel surcharge revenue

would be $83,231 and $107,592, respectively – still exceeding fuel expense.  Note that lower passenger

load would increase cargo capacity, a factor I have not considered in this analysis.

Sources:  

Passenger capacity: http://www.britishairways.com/travel/seatfirst/public/en_gb ,

http://www.britishairways.com/travel/seatcwfb/public/en_gb ,

http://www.britishairways.com/travel/wldtrv/public/en_gb ,

http://www.britishairways.com/travel/worldt/public/en_gb  

Passenger load factor: http://www.iagshares.com/External.File?t=2&item=g7rqBLVLuv81UAmrh20Mp62

KWtmRe7AmP/jMDLh25hI4zE5OYGrQfWoB2EgXqxb2ah4NeTcmQYr4rQQVIYYQDQ== (at heading

Passenger Load Factor % ‐ North America ‐ Year To Date 2012)

Cargo capacity: Calculated as follows:

    Cargo Capacity   =   Payload   –   Passenger Weight

    =  (Zero Fuel Weight – Operating Weight)   

       – (Passenger Capacity * Weight Per Passenger)

Operating weight and zero fuel weight obtained from

http://www.boeing.com/commercial/airports/acaps/777_23.pdf and

http://www.boeing.com/commercial/airports/acaps/747_4.pdf for the equipment types, engine types,

and maximum ratings BA operates (as listed on the BA pages noted in the fuel consumption sources,

below).  Passenger weight calculated at 95kg per passenger, times 100% passenger load in all cabins.  

Cargo capacity rounded down to the next 1000kg.  We also confirmed that payload plus zero fuel weight

plus required fuel would not exceed max takeoff weight.

Cargo surcharge amount: http://www.baworldcargo.com/surcharges/

Travel times: SABRE (reporting scheduled times, not flight times)

Fuel consumption: http://web.archive.org/web/20030408042829/http://www.britishairways.com/flight

s/factfile/airfleet/docs/777.shtml , http://web.archive.org/web/20030223055148/http:/www.britishair

ways.com/flights/factfile/airfleet/docs/7474.shtml  

Fuel cost: http://www.transtats.bts.gov/fuel.asp (2012 YTD figures)

BA Price Advertising Violations
4

British Airways Fuel Surcharges Are Not Supported with Required Calculations

The DOT has instructed that airlines must substantiate fuel surcharges with statements supporting the

surcharge amounts.  Specifically, the DOT instructs: “For example, descriptions such as the following

would be acceptable: ‘Fare includes a fuel surcharge.   On average our passengers paid $xx.xx more for

fuel during 2011 in their ticket price than they did in 2000;’ or ‘Fares include a charge for fuel.  On

average in 2011 our passengers paid $xx.xx for fuel as a part of their ticket price.’”  See Additional

Guidance on Airfare/Air Tour Price Advertisements (available at

http://airconsumer.dot.gov/rules/Notice.Taxes.fees.sam.dl.13.website.pdf ).

To the best of my knowledge, BA has never provided any such substantiation.  For example, when BA

quotes a ticket that includes a fuel surcharge, BA generally labels the fuel surcharge as such, but BA

never provides the sort of calculation specified in the DOT notice.

Nor are details easily available from BA staff.  Indeed, when I wrote to British Airways customer service

(via the BA web site) seeking information about the calculation of fuel surcharges, I was referred to

telephone staff.  (See Attachment 8.)  I called BA telephone reservations staff but was unable to obtain

any information on this subject.

BA OnBusiness Points Table Does Not Disclose Carrier‐Imposed Surcharges

The DOT requires that “If there are government fees or taxes or mandatory carrier charges such as

processing fees that must be paid by consumers in frequent‐flyer awards programs, then the respective

amounts or a range of those amounts must be shown on carrier websites together with the mileage

award levels.  They must, moreover, be given the same prominence as the mileage award

requirements.”  See Guidance on the Use of the Term ‘Free’ in Air Fare Advertisements and Disclosure of

Consumer Costs in Award Travel (available at http://airconsumer.dot.gov/rules/Use%20of%20the%20

word%20free%20in%20fare%20advertisements.pdf ).   

In sharp contrast to the DOT’s requirements, the OnBusiness Reward Flight Points Page (Attachment 9)

lists points required for various awards without putting fuel surcharges in equal prominence.  The body

of the table says nothing about any surcharges.  Rather, a tiny footnote marker directs a user to a note

mentioning only “taxes, fees, charges, and security charges.”  This footnote suffers multiple deficiencies

vis‐à‐vis DOT requirements: 1) The small type at the far bottom of the lengthy page does not have ”the

same prominence” as the full‐size points requirements present throughout the page.  2) The footnote

mentions “fees” and “charges” but says nothing of “carrier‐imposed fuel surcharges” (BA’s own

characterization of the amounts at issue).  3) The footnote does not indicate the amounts or range of

amounts that may apply.

Impermissible Combination of Government‐Imposed Taxes and Fees with BA Fees

The DOT warns that “Combining government‐imposed taxes and fees with those imposed by carriers or

agents is likely to confuse consumers and deceive them into believing the government taxes and fees

associated with their airfare are higher than they actually are.”  The DOT instructs that “advertisers who

desire to separately list government taxes and fees as well as carrier‐ or agent‐imposed fees should

ensure that they are not lumped together and described as ‘taxes and fees.’  Language such as ‘Taxes

BA Price Advertising Violations
5

and carrier‐imposed fees’ would be acceptable, for example.”  See Additional Guidance on Airfare/Air

Tour Price Advertisements (available at

http://airconsumer.dot.gov/rules/Notice.Taxes.fees.sam.dl.13.website.pdf ).

As I booked recent BA OnBusiness award travel, the British Airways site presented the label “taxes, fees,

charges and surcharges per person” with a footnote mentioning “The price of your ticket may include a

fuel surcharge per flight levied by the carrier.”  (See Attachment 1.)  This disclosure does not satisfy DOT

rules.  In particular, contrary to the DOT’s instructions, this disclosure omits the crucial words “carrier‐

imposed” – words necessary to alert consumers that these surcharges are set by BA, in sharp contrast to

genuine taxes and fees imposed by governments and airports.  The footnote is also inadequate because

the DOT instructs that this information is to be provided in the main disclosure (not in the footnote) and

because the footnote is impermissibly vague (referencing fees that “may” apply, which lacks the

required level of specificity).

Ongoing Misrepresentation by Around‐The‐World Booking of Carrier‐Imposed Surcharges as “Tax” –

for Tickets Issued by BA

BA advertises around‐the‐world air travel via the tool at http://rtw.oneworld.com/ .  This tool

systematically mischaracterizes carrier‐imposed surcharges as “tax.”  These amounts can be substantial

– regularly more than $1000 on a single ticket, and I believe in some instances more than $2000.

If a passenger chooses an itinerary with the first segment on BA, BA charges the customer’s credit card

and issues the entire ticket.  See http://www.oneworld.com/flights/plan‐book‐online/?faqOnly=1  at

heading “FAQ” – “Who is my ticketing airline?”

I have quoted a variety of around‐the‐world tickets using this tool.  For example, on January 20, 2013, I

quoted a coach ticket JFK‐LHR‐DXB‐LHR‐ARN‐LHR‐HKG‐SIN‐NRT‐HKG‐YVR with the first five segments on

BA.  Taxes were quoted at $1,191.24 USD.  See Attachment 10.  I clicked the “Proceed” button and

received the lengthy itinerary and fare quote shown in Attachment 11, reiterating the $1,191.24 quote

of “Taxes.” There, the word “Taxes” appeared as a hyperlink.  I clicked this link, receiving the itemization

in Attachment 12.  The top two lines of that itemization report “Surcharge” of $579 and “Multiple

surcharges” of $367.

However, as best I can tell there are no actual government taxes totaling the $1,191.24 “tax” charged on

this itinerary.  Rather, I believe the majority of the $1,191.24 “tax” – specifically, the $579 and $367 later

characterized as “surcharge” – are actually carrier‐imposed surcharges.  Thus, 79.4% of the $1,191.24

“tax” is not actually tax but rather carrier‐imposed surcharge.

Crucially, the initial disclosures (as shown in Attachments 10 and 11) mischaracterize the amounts at

issue as “taxes”, not “taxes and surcharges” or the like.  Moreover, every user using this booking tool

must see the screens in Attachments 10 and 11; in contrast, the information in Attachment 12 is shown

only if users specifically click the “Taxes” hyperlink to view details.  Thus, even though Attachment 12

describes the surcharges within a page entitled “taxes and surcharges information”, most users are

unlikely to see this screen.  Moreover, the “and surcharges” label appears only in HTML title, not in page

text – insufficiently prominent to cure the false statements made previously.  Indeed, at the same time

that the “taxes and surcharges” label appears at the top of the page (indicating that some of the listed

BA Price Advertising Violations
6

charges are “surcharges” rather than taxes), the wording “TaxBreakdownPopUp” appears immediately

below (in the popup’s URL bar) (indicating that everything in the listing is a “tax”).  Finally, even on the

most favorable view, the statements in Attachment 12 still fall short of applicable DOT rules: Note the

absence of the crucial words “carrier‐imposed” as well as the failure to include statements

substantiating the surcharge amounts (“On average our passengers paid...” or similar).  These omissions

are in sharp contrast to the requirements of Additional Guidance on Airfare/Air Tour Price

Advertisements (http://airconsumer.dot.gov/rules/Notice.Taxes.fees.sam.dl.13.website.pdf ).

My Attempts to Alert British Airways to These Violations

I have attempted to alert British Airways to these violations and obtain a refund of amounts unlawfully

charged to me.  I sent substantially the same material presented above (with the exclusion of the

Around‐the‐World section) to BA Customer Relations by fax on June 7, 2012, then again on July 23,

2012.  On November 8, 2012, I took the liberty of escalating this matter to Richard Mendles, BA General

Counsel, Americas.  Mr. Mendles replied in an email of November 14, 2012 to confirm receipt. Despite

two further messages from me seeking a response in substance, he has offered no substantive reply.  

Thus, British Airways has failed to reply in substance despite the passage of more than seven months

since I first brought these matters to its attention.

Required Resolution

I ask that the Department of Transportation:

(1) Exercise its authority under  49 USC 41712 to open an investigation of British Airways for having

engaged in, and continuing to engage in, the unfair or deceptive practices described above;

(2) Order British Airways to refund to ticket purchasers all monies represented to ticket purchasers as

"taxes" or government‐imposed fees, but not actually remitted to governments, and all “fuel

surcharges” impermissible under the law or regulation applicable as of the date of purchase of the

corresponding tickets;

(3) Impose appropriate civil penalties on British Airways;

(4) Refer this matter to appropriate US and foreign tax collection agencies for investigation of possible

tax fraud or other violations of tax law in non‐payment to governments of monies collected as “taxes” or

government‐imposed fees; and

(5) Issue any guidance or revised regulations needed to clarify to other airlines and ticket agents, and to

preclude any future claim of ambiguity, that these practices are unfair and deceptive in violation of 49

USC 41712.

Submitted February 4 2013,

/s/

Benjamin Edelman

BA Price Advertising Violations
7

Attachment 1

Attachment 2

   

BA Price Advertising Violations
8

Attachment 3

   

BA Price Advertising Violations

- Itinerary and Quote + 

+ Q Brrttsh Auways pic 1GB) https://WW'tt.l.britishairways.com travel!redeem;ext<dub/_gf/en_gb?~d~100005 

BRITISH AIRWAYS > Book with Avios points 

> Home 

1 Oates 2 Flights - Passengers Payment b Confirmation 

Your price quote Your Avios: 10 2576 

a 2 0000 Avios + $ 253.20 

(') 18000 AVIOS + $ 283.20 

(') 16000 AVIOS + $ 308.20 

(') 14000 AVIOS + $ 333.20 

(') 12000 AVIOS + $ 358.20 

(') 10000 AVIOS + $ 383.20 

l Avios Price per Taxes, fe es and 

per person carrier charges• 

person per person 

1 Adult 20000 $ 0.00 $ 253.20 $253.:J 

Tot a l 20000 Avios + S 253.20 

• The pnce of your ticket may 1ndude a fuel surcharge per fhght lev1ed by the 

earner. 

> Bntlsh 

> Baggage 

> More detatls 

> COndtttons of camage 

i Brrt1sh Airways pic (GSI http~lrwww.britishairways.comltravelfredeem/execclub/_gf/en_gb?e.ld:100132 

BRITISH AIRWAYS ? 

Charges applied to yo ur flight 

There are certatn taxes, fees and charoes that are applied to your bookin~ by Bnttsh Ai~ys, 

airport operators, governments or other authorities. Here you will find a full breakdown and 

explanation of the taxes, fees and surchal'~es apphed to you I' booking. 

Government, authority and airport charges Per adult 

Transportation Tax(Oeparture) • USA uso 17.20 

Passenger Ctvil Aviation Security Service Fee - USA uso 2.50 

Passenger Facthty Charge uso 4.50 

Total government, authonty and atrport charges• uso 24.20 

> More informatton 

British Airways fees and surcharges Per adult 

Fuel Surcharge•• uso 229.00 

Total Bnt1sh Atrways fees and sul'charges uso 229.00 

> More information 

Total taxes, fees and surcharges per person USD 253.20 

*Government and/or atrport taxes are refundable, however some countnes wtll apply a Value 

Added Tax, Sales Tax or equivalent, whtch will only be refunded on fully flexible tickets. 

••tn lme wtth the fare rules, a refund of fuel surcharoe can be made on fully flex1ble ttckets 

only wrth unused fltghts tn your ttinerary. 

p * 
9

Attachment 4

BA Price Advertising Violations

BRITISH AIRWAYS ::;ll> Book with Avios points 

>Home 

1 ate~ 2 Flights - Passengers Payment 0 Confirmation 

Your price quote Your Avios: 102576 

" 60000 Avios + $ 438.20 

0 54000 Avios + $ 558.20 

0 45000 Avios + $ 728.20 

0 36000 Avios + $ 903.20 

0 30000 Avios + $ 1,018.20 

Avios Price per Taxes, fees and 

per person carrier charges• 

pers on per pers on 

1 Adult 60000 $0.00 s 438.20 ID 

Total 60000 Avios + $ 438.20 

Indusiv--;--, 

total I 

$ 438.20 J • The price of your ticket may include a fuel surcharge per Right levied by the 

earner. 

> More details 

> Conditions of carriage 

Details of your baggage allowance and any applicable charges are lower down th1s page 

About your flights 

~ Outbound - Tuesday 15 October 2013 

19:35 

15 Oct Loo~m International (MA) Heathrow ( London) BA0238 British Airways 

BRIT ISH A IRWAYS ::;;:. 

Charges applied to your flight 

There are certa•n taxes, fees and charges that are applied to your booking by Brit•sh A•rways, 

airport operators, governments or other authonttes. Here you w11l find a full breakdown and 

explanation of the taxes, fees and surcharges applied to your booking. 

Government, authority and airport charges Per adult 

Transportation Tax(Departure) - USA USD 17.20 

Passenger C~vil Aviation Security Service Fee • USA USD 2.50 

Passenger Facthty Charge USD 4.50 

Total government, authonty and a1rport charges• USD 24.20 

> More information 

British Airways fees and surcharges Pe r adult 

Fuel Surcharge•• USD 414.00 

Total Bnt1sh Airways fees and surcharges USD 414.00 

> More information 

Total taxes, fees a nd surc ha rges per pe r s on USD 4 38 .20 

•Government and/or aarport taxes are refundable, however some countnes will apply a Value 

Added Tax, Sales Tax or equ1valent, wh1ch wdl only be refunded on fully flex1ble t1ckets. 

••[n line with the fare rules, a refund of fuel surcharge can be made on fully flexible tickets 

only with unused flights in your itinerary. 

p 
10

Attachment 5

IATA Economics: Jet Fuel Price Development

Source: http://www.iata.org/publications/economics/fuel‐monitor/Pages/price‐development.aspx  

   

BA Price Advertising Violations
11

Attachment 6

   

BA Price Advertising Violations

+ 

Q Bnbsh Airways pic (GB) https://'NWW britishairways com travel;fx/pubhc/en.us?eld:l11011&tim~tamp:012010 C 19· Googlr 

BRITISH AIRWAYS :;. Buy travel 

>Home 

1 Oates 2 Flights Still Passengers Payment b Confirmation 

~ flight: Oepartmo L09an lntematlonal (MA), 4 Mar 2013 

Tota l prh:e to p ay {US Do llars, USO, $ ) $ 858.85 

> Got a promotion code or e Voucher? 

Oeta•ls of your baggaoe allowi!llnce t~nd any appl•eable charges are lower down th•s page 

Check your flight itinerao;Y details 

~ Outbound - Honday 4 Har, 2013 

';o( os,oo 

4 Mar 

19;25 

4 Mar 

L09an International 

(MA) 

f. Inbound - Monday 11 Mar, 2013 

"' 09,55 

"" 11 Mar 

13:50 

11 Mar 

Price breakdown 

Heathrow (London) 

Heathrow (London) 

Looan Intemat•onal 

(MA) 

~ World Bntlsh Airways Traveller 

~ 

American 

Alrhnes 

Economy 

$858.85 

iMI.Q .&U 

> Curr ency calculator 

> Cl'lange fhghts 

Fare ---- Taxes, fees and carrier l ,..

•·_

•• 

·_·_·"

The 

_•_·

•

_

ndus•ve 

· _, A_d_"_" total ________ 

of your t•cket •ndudes 

• _·•_2_.o_o 

a fuel 

____ 

surcharge per 

c_h

f

·

li

_

ght 

·_·_·

lev•ed 

·_·_. ·_:,_:_:_~_~_ by the carr_r-----:= ier. al-::::-•c, ss.as > More details 

'it Tax Breakdown - Mozilla Firefox 

Q Bnt•sh Airways pi< {GB) https.://www.britishairways.comltraveVfxtpublicJen_us?e.ld:lll082 

BRITISH AIRWAYS :;, 

Charges applied to your flight 

There are certau' ta)(es, fees and charoes that are apphed to your book.lno by 8r.bsl'l Airways, 

aurport operators, governments or other authorit •e:s. Here you will find a full breakdown and 

explanation of the taxes, fees and surcharoes applied to your book• no. 

Government, authority and airport charges Per adult 

Customs User Fee - USA uso 5.50 

Transportation Tax(De:parture) • USA USD 17.20 

Transportation Tax{Am'll'al) - USA USD 17.20 

Ammal & Plant Health User fee (Aph1s) - USA USD 5.00 

Immigrat•on User Fee • USA USD 7.00 

P.!lssenger Civil Avtat1on Sea.mty Serv1ce Fee - USA uso 2.50 

Air Passenger Duty - Umted Kinodom USD 104.50 

Passenger Service Charge - Un•ted Kingdom USD 55.45 

P.!ssenger Facil•ty Charge USD 4.50 

Total oovernment, authonty and .!llrport charges• uso 218.85 

> More informabon 

British Airways fees and surcharges Per adult 

fuel Surcharge•• USD 458.00 

Total Br1t1sh A1rwavs fees and surcharges uso 458.00 

> More information 

Total ta xes, fees and surc:h a rges pe r p e r s on uso 676.85 

*Government and/or a•rport taxes are refundable, however some countnes will apply a Value 

Added Tax, Sales Tax or equivalent, wh1ch will only be refunded on fully flex1ble tickets. 

••tn line wJth the fare rules, a refund of fuel surcharoe C8n be made on fully flexible t•ckets 

onlv w1th unused f11ghts 1n your itmerary. 

> Informat•on about World Tra'll'eller Plus 

oys 

and from UK 

of l'land 

y d1ffer for flights 

rlines, lbena and 
12

Attachment 7

   

BA Price Advertising Violations

- Jtinerary and Quote + 

+ 8 Br.t•sh A1rways pre (GB) https:1 rwww.bri isha nNays.com 'travellredeem.rexe<club/_gf/en_us?~d=lOOOOS 

BRITISH AIRWAYS :Iii Book with Avios points 

>Home 

1 Dotes 2 Fl1ghts - Passengers Payment 6 Confirmation 

Your price quote Your Avios: 102576 

Avios Price per Taxes, f ees and Inclusive per person carrier charges• total person per person 

@ 40 000 Avios + $ 676.8 5 

0 36000 AVIOS + $ 736.85 

0 32000 AVIOS + $ 786.85 

0 28000 AVIOS + $ 836.85 

0 24000 AVIOS + $ 886.85 

0 20000 Avios + $ 936.85 

~ 1 Adult 40000 s 0.00 s 676.85 $676~ 

Total 4 0000 Av ios + $ 676.85 

• The pnce of your ticket may 1ndude a fuel surcharge per flight lev1ed by the 

earner. 

> fo1ore details 

> Conditions of carnage 

Details of your baggage allowance and any applicable charges are lower down th1s page 

tJl ~ Breakdown - Mozilla Firefox I = I @I iWJIIoll 

Q Brrbsh Auways pic (GB} http~//www britis airways.com trave: redeem/execclub/ _gf I en_us?eld; 100132 . I 

;..I ~ 

BRITISH AIRWAYS ~ 

~ World Traveller 

Charges applied to your Hight 

There are certam taxesf fees and charges thi!lt are applied to your bookmg by Bnt1sh Airways, World Traveller a1rport operators, governments or other authont•es. Here you w1ll find a full breakdown and explanation of the taxes, fees and surcharges Zlpplied to your booking. 

Government, authority and airport charges Per adult I A1r Passenger Duty • United Kmgdom uso 104.50 I An1mal & Piant Health User Fee (Aphis) - USA uso 5.00 I 

Passenger Civ1l Avllltlon Security Serv1ce Fee - USA uso 2.50 :' 

Immtgrat•on User Fee - USA uso 7.00 

Transportation Tax(Arnval) - USA uso 17.20 

Customs User Fee - USA uso 5.50 

Transportation Tax(Oeparture) - USA uso 17.20 :-

Passenger Serv•ce Charge • Umted Kinodom uso 55.45 

Passenger Facility Charge uso 4.50 I I 

Total government, authority and a1rport charges• uso 218.85 

> More Information 

British Airways fees and surcharges Per adult u 

of hand baggage, 

ptop, handbag or 

Fuel Surcharge•• uso 458.00 

Total Bntish Airways fees and surcharges uso 458.00 '-

> More Information 

Total taxes, fees and surcharges per person USD 676.85 ~ 

of hand baggage, 

~ptop, handbag or 

'1 7 t:as1er cneac·m on me or ussna ~elr·:servtce Lneac·tn KIOSKS 

1 

1 
13

Attachment 8

From: British Airways North America   

Sent: Wednesday, June 06, 2012 3:01 AM

To:

Subject: I write in regard to tickets and for OnBusiness aw...

[Incident:

Subject

I write in regard to tickets and for OnBusiness aw...

Response Via Email (Amey) 06/06/2012 07.00 AM (GMT)

Dear Mr Edelman

I am sorry we are unable to help about your fuel surcharge query by email.  

For assistance, please contact your nearest British Airways office, where one of our agents will be able

to assist you. Their telephone numbers and opening times can be found at:

http://www.britishairways.com/travel/ctclist

I hope they resolve this swiftly for you.

Regards

Amey

British Airways

...

Customer By Web Form (Benjamin Edelman) 05/06/2012 10.20 PM (GMT)

I write in regard to tickets and for OnBusiness award travel from

Singapore to Boston.

I notice that these tickets include a British Airways fee of $521 described as a "fuel surcharge." How was

that amount calculated? Does that reflect the cost of fuel relative to a particular baseline? What is the

method of calculation of the baseline? I could not find this information on BA's site. Thank you.

[‐   

   

BA Price Advertising Violations
14

Attachment 9

BA Price Advertising Violations

- 8riti$h Airw"ys · On 8u~inC$~ • Rtwifd fL. + 

- www brit s.h.,ifW.,ys.c:omltf~On·bvslnC$S·rew"rd·t"ble/publlc/ n_u~ 7) • C · 

Reglsler now Forgotten PlNJPassword? Remember me r1 

BRITISH AIRWAYS $ Log1n 10 PIN/Password mil ill 

Flighl$ and holidays 

On Susmess oomp.~~ny 

tr.,vel 

How 1t works 

For flyers 

ways to book 

Offers 

..... 

How we support you 

Jo1n On Bus•ness 

Contact On Susmess 

My 8ookmg 

o Manage My Booking 

Check m onlme ID 

Booking 

reference ID 

last name 

On 8u5iness Login 

ID 

On Bu~nes.s membel'$ &oo in here to v1ew your 

account. 

> Log m 

Did you find the 

1nformat10n you were 

looking for on th1s p.~~ge, 

v .. 

Part~elly 

'-' No 

Manage My Booking Information Executive Club 

Reward flight points 

To help you cakulate the points you w•ll need to redeem for reward fhghts1, take a took at the 

table and example below. 

on Bu~nes.s Points cannot be redeemed on Arnenc.an Airlines, bm1, lbena or Qantas 

operated flights. 

Here's an example to help you calculate the points you ne ed to redeem for a 

r eward flight: 

If you want to redeem for a round•trip Club World reward flight from New York to Ind.a, v1a 

london, you would need 44,310 Po1nts (18,900 + 25,410 • 44,310) • 

Eligible cabin~ 

Routes between london and: 

UK Dom est ic2 

Intra UK llr. Ireland routes exdudong Jersey 

Europe A 

All European countnes 1ndudu·aog Jersey, 

exc:lud•ng Cypn.~s, Greece, R.uss1a, Turkey 

and Ukra1ne 

Europe 8 a North Africa 

Algene, Cyprus, Greece, LJbya, Morooco, 

R.USSIII (exdudong MO$COW), TUniSIII, 

Turkey and Ukra1ne, exdud•no Egypt 

Israel a Russia 

Tel Avtv end Moscow 

Middle Ellst 

lndudes Egypt 

North America a~t 8. caribbean 

All North Amenc.an routes exdud1ng those 

listed under North. Amence West 

North America WM t 

Dallas, Denver, Houston, las Vegas, 

los Angeles, Phoemx, San Dteoo, 

San franCisco, Seattle and Van<lOuver 

Africa &. SOuth Mla3 

All Afr.can countnes indudino domestic 

oonnecbons wrth Coma1r but exdud1ng 

Algene, Egypt, L•bva, Monxx:o and 

Tums1e. Includes Ind111 and Meld1ves 

Ce:ntral 8. South Ame:rica 8. Fa r East 

Argentina, SriZJI and MexKO; 

Ctuna, HoogKoog, Jap.~~n, Sm9apore and 

Tha1land 

Au!litralia 

Sydney 

Routes within; 

Cari bbean 

Intra Caribbean routes 

Middle Eut 

Abu Dhabi tolfrom Muscat, 

Bah.ram to/from Doh.a 

South America 

Sao Paulo to/from Buenos Aires 

Routes operate:d by Comair: 

Afncan Domestic: (excluding MauntJU5) 

South Afr.~;a to Maur.t1us 

Routes operated by OpenSkies: 

Eligible abin~ 

Pans (Orty) to New York (New.,rk) 

Notes: 

n/a n/a 

n/a 6,240 

n/a 9,360 

17,320 13,860 

23,760 18,480 

24,300 18,900 

29,160 22,680 

32,670 25,410 

35,640 27,720 

47,520 36,960 

5,94() 4,620 

5,940 4,620 

17,320 13,860 

n/a 5,200 

n/a 9,360 

First Biz Bed 

n/a 25,140 

n/a 

n/a 

n/a 

9,360 

12,480 

13200 

15,840 

17,160 

US,720 

24,960 

3,120 

3,120 

9,360 

nl• 

n/a 

Prem Plus 

16,320 

World 

Traveller/ 

Euro 

Traveller 

1,560 

3,120 

4,680 

4,680 

6,240 

6,600 

7,920 

8,580 

9,360 

12,480 

1,560 

1,560 

4,680 

2,600 

4,680 

Eco• 

9,270 

~ Pomts listed are for round· t rip A1ghts. Tl!!lxes, fees, charoes and secunty surcharges 

reml!!l•n payable on reward AIQh.ts and rewl!!lrd Right upgrades. 

1 Routes operated by franc:hase partner Sun-Air of Scand•rww•a A/S w1ll redeem at the same 

po4nts levels as UK Domesttc. 

3 D~rect Sf!I"VIOI!:S between Australia tO/from S1ngapore w1ll redeem at the same pomts levels 

a.s Africa&. SOuth Asia. 

& Eco c:ab1n on OpenSk1es routes 1s ava1lable from 19 June 2012 onwards. 

!!!![! USA -Enghsh Q. 
15

Attachment 10

   

BA Price Advertising Violations
16

Attachment 11

   

BA Price Advertising Violations

+ 

llt pl! .. -IIIOI'IIf .......... 

Stop J Rovww your flight dot~l s 

I 

\'lednesllay.. March 13., 20tl 

O.~l111re: ~30 fKw ort.lff.USA J.olln~K""*'Y 

Atrivtl: 201S lOI'IdOti, UI'ICeCI Ki\OdOtii- Het#ltow 

T ~ of J)Mne- required. r~me b.twHn nighll ; t:25. 

WIMIMriCII)', Ulli'CJI tlt 20tl 

DePilrture: 2140 

AtriYIII: 08:3S • I.UI'!t)(!] OIJI7.e~UMedAI~fiiW"I U- ""'' .. Bmtll Arwtys 8At0i 

c..o.nca.u. £Q;JnvrnyR$$trw;;tcG 

S.tur.s.y.U.uchtS, lOtl 

Dept~n~o~~: 100$ ~UIIQdA.ff/ljfi"'Wt et-OUDttt'oll 

Arri.,..l: 1'00 UM!don.,UR1ed~-HeaUVow 

S.lt.~rday, U.uttl t S, :KIU 

t)eptorture: ISIS le>nOOn,UI'Ite<IIG'IQGom He~t~Vow 

Arr!Yat 21 • s Stc<Molm.Swedtn-ArliMI<It 

A~- snan ~>~w-r- 8A7a.t 

CabonCIU~ ~RUII''octed 

MOIWky, Mitch 11,2011 

Departure: t i!·SO StociJ!olm,Sweden-Ar1100• 

ArriY.t 20'2$ ,UI'Ilcd1G'1900m Hn~w 

8rtt.hAiwlyS8A78 1 

c.QinC .. n: E~~ 

Boe,em-2001'l00 

~g7157 

~ of plane reQUired, Time betwMn tlighta : 1:40. 

MondaY. March tl, 2011 

Oepan~o~re: 22:0S l0116:11\,UMedKI\9dOm· 

HeaUinlw 

Ar*"lll: 1HS• 1M,U.) m H011QtcQon9, HongKong($AAol 

a.n.)- H0109 K!mg nt.NIIWOIII I 

l'ttur.G.Iy,M.uch2t, 2013 

Dep.rtul't': tc2S Hongl<onQ_tiOJ'I9Koriii{SAAofCII.,.} -Kong 

KOtJQhttm~tiol'lll 

Atr!YIII: 11!.10 SI'IOif*lll, Sr\941pote. CNn~ 

Alrtlrwt! c..:~~ay Pt.C>11t cxns 

CAbin C .. U~ £(01'\(1111'1)' RU!t'ieled 

S.tu~Martf'IU,20U 

Oepartur.~ 2015 ~e Sn;aPOte·c:.Mnol 

ArriYal: I» OS • 1 CI•I'W [!] HOfl9 K0119- HoMg!Wnf (SAR ol 

Clli'la) -ti0119Kortghl«n.uor.al 

Cl'lall9fl of P'tM requlred. Twne Derwun Noflll ~ 1~. 

SumMy, Marchl4,l013 

Dep~rture: 01 05 KDtU;J Kong, Hon; K.onQ{$AA:ot CIIA1)•HIIft9 

KDtlfhlematiollll 

Arrivll: 08. 15 Tokyo.Je l)ln-N• r1e W.rn.atJOI\II 

TUud.ly,U<Ilth26,201l 

Dept~rture: 1045 Tokyo PIIn-Tot.yo~( •nede) 

Atl'f¥11: 1505 KOtl{lltoll{l HOII{IK,or.g{SAROICII.N} -Kong 

KOtl{lh!tfNitf)nll 

Ct..nge of p6ane required. Time berween fligl'll• : 1:20. 

Tuudly. Ultth 26, 1013 

Dept~rture: 16.25 Konol(ono Hooo Kono(SARotCII~MJ· Kono 

Kot~OttttnNtlonM 

AfriYII: 12:'• 5 Y.rltou\'et', t.fla61 -VenC:OIWet tttilf'NIJOfttJ 

..... ill 

P * IC · 
17

Attachment 11 (continued)

   

BA Price Advertising Violations

·on~rtd- tviorw 

+ 

+ 

Saturday,Uarc:htli,101l 

De~r1ure: 1005 DI.JOtllUnitH.v.b[,...,IQ.~btl 

Arfflat: 1400 lonclon,IM.Cec!Kiflodotn·Ht•tl\rOw 

~ArN.ysiSAIOI 

Cablric .... £~Rc~ 

S.hlrdty,Mtrcht&,2'0t 3 

DBJYr1ure: 18.15 londor\,UMecll(ftgdom-Mtalflraw 

Arriv•t :ll ol$ Stodflokl\ Swfdefl. AtWI4a 

Brt.lh .t.rwsys8AJ&I 

Cabinc .... , £eaftOIIfJ'Rotricl:ecl 

~.Uar<h1f,20U 

Oe~nu : 1&50 Slod.:rloin,SwtOM·ArlltiGI 

2025lOtiOOI\Uft·eci~ MUitlr(IW 

BrtM A.tweys 8A7&1 

CabonC .... : ECCNIOI'II)'Rutncted 

~Q767 

Cflan98 of plane require-d. lime betwflen ftlgllta: 1:40. 

t.toncs.y,Uarcht&, 20t3 

De:~l1 re :R'O$ Londoi\,UIIted~-

Hul!ltow 

Arffl.t I14S•tdl)'(t) (!] H01191Cont.H0119KOC'Ig (SIJtot 

Ctiii'I -HOI'IQI<:OfiO~tn'latlonll 

.,..,m.-. 

Thurac:iay,Uall:hZt,201l 

O.~rture: 14-25 H0f19KOCIQ1, H0119KoriiJI(SA.RofCMII •HO(I9 

ICOfl9nt«n.uoMI 

ArtiYat: t8 OSI'I~e.,Sf'I~-CNII'IQf 

Cm.yPK:ItkCX1lSo 

CabinC..,u.: f~Restnctec~ 

~tofoqo 

Sahlrdq. U arcb Z3, 2'01) 

Depanure: 20 15 

0005•to.NJ(D 

~pen, S..~·- eM,. H~K~ HQIIoiiKGIIQ(S.AROF 

Cl'IN) ·HonoKon.gNetn.tll«<tl 

C.tnay P.C>IIe CX6l6 

c.t.MCI.,.~ fc:oftOm)'Res~eoo 

ChM198 of plane r equired. lime between ftights : 1:00. 

$unct..y, U -.rchZ4,20t3 

k~Mtm~: 0105 HonQKCiti!J.HOfi<;Kong(SARoi CI'Ioni} ·HOIIt 

K0119ntem.r.on.J 

Arrival: 0815 Tokyo,J•"· H.tltlhtW..bollel 

CMne.yP4oflc.CXS2' 

CabonC .. u: Ec:GCIOIII)'RUtric:tecl 

Tokyoto~r 

TYctO.y, IJuct\2$,2013 

De~n11reo: U:l45 TOkyO, J.,.,..fotyutiii(Haneda) 

Ani\<~ 1$.-0$ H~ICOt1fi.HOt1gKong SAAofCIWla -HOtlfl 

~g~al 

~yf>aafiec:x5'3 

Catton c,_._. £cooo.r Rntn=te<l 

Cl'l&nge of plane requll"ed. fime between f'ligtlla : 1::20. 

TYesclly,Mueh M-,2013 

Gepanu r e: 162$ H~ ICOtlfj,HOtiOKOtiO{SAAOfCIWI.t H~ 

K0f19hlem.aii:Wial 

Aniv.t; 12'45 ~tf.c..nadi Van~hlt~~ 

C~yPao!ieCX838 

Cal:wlc;.t..u:: t:COCIOIBrRet!ri::te<l 

,.. 1 Adl.ll(t) x (3,7.UOO • 1,19124) • •U».J:4USO 

toeallpriceloralltraYetlers 4,tl6.J4 USO 

TOJCtsare~~wllotr•~~Uxetare~at~tlmt 

fOtaMtJOrr.albtog~oeMOwan.eeati4~1'1~.NjptNJttgtt!'!'lldtytC:Qt!f' 

11yourOIIdiiCWtuu.rcllar;caadoltflfiiiCUITencyttlanlhaon•QIIOledallo~ ud\an"'n:uor~ 

fro;om)'OUI'C!WiCCardluvtrmayaQ!Itf 

C £1-....,,, ___ _ P ~ C· 
18

Attachment 12

BA Price Advertising Violations

oneworid - taxes and surcharges information - M ozilla Firefox l @) I. S2. J 

----:-----, 

I~ wftc2.e-trav el.co m plnext/oneworldRTW/TaxBreakdownPopUp.action;jsessionid:G75WQ88~ n 

Ad ult trave lle r(s) 

Surcharge 579.00 USD 

l.lultiple Surcharges 367.00 USD 

U.S. International Transportation Tax- Departure 17.20 USD 

September 11th Security Fee 2.50 USD 

UK Passenger Service Charge 112.78 USD 

Tax description unavailable (AEAD) 20.42 USD 

Tax description unavailable (TPSE) 1.36 USD 

Passenger Service and Security Charge 24.68 USD 

Hong Kong Air Passenger Departure Tax 15.48 USD 

Passenger Service and Security Charge Singapore 11.34 USD 

Tax description unavailable (OPAE) 4.98 USD 

Tax description unavailable (OOSE) 6.53USD 

Passenger Service Facilities Charge -Japan 22.35 USD 

Tax description unavailable (OISE) 1.12USD 

Passenger Facirrty Charges 4.50 USD 

1,191.24 USD 

x 1 Adult(sl = 1,191.24 USD 

total taxes = 1,191.24 USD 
Verification

Pursuant to Title 18 United States Code Section 1001, I, Benjamin Edelman, in my individual capacity,

have not in any manner knowingly and willfully falsified, concealed, or failed to disclose any material

fact or made any false, fictitious or fraudulent statement or knowingly used any document which

contains such statements in connection with the preparation, filing, or prosecution of the pleading.  I

understand that an individual who is found to have violated the provisions of 18 U.S.C. Section 1001

shall be fined or imprisoned not more than five years, or both.

       Benjamin Edelman, Esq.   
Certificate of Service

Pursuant to 14 CFR 302.7(b), I served this document on Richard Mendles, General Counsel for Americas,

British Airways Plc, by electronic mail to richard.mendles@ba.com.  I received no indication that any

transmission had failed.  I sent the email on February 5, 2013 at approximately 9:50pm Pacific time.

Signed February 5th 2013 in San Francisco, CA,

Benjamin Edelman