Order 2012-12-19

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Twenty-Eighth day of December, 2012

 World Travel Network, LLC Docket DOT-OST 2012-0002

 Violations of 14 CFR 399.84 and

 49 U.S.C. § 41712 Served December 28, 2012

CONSENT ORDER

This order concerns advertisements by World Travel Network, LLC (WTN), that violated the 

advertising requirements specified in 14 CFR 399.84 and the statutory prohibition against unfair 

and deceptive practices and unfair methods of competition, 49 U.S.C. § 41712. It directs WTN

to cease and desist from future similar violations and assesses the ticket agent a compromise civil 

penalty of $10,000.

Applicable Law and Facts

As a ticket agent,1 WTN is subject to the advertising requirements of Part 399 of the 

Department’s rules. Pursuant to 14 CFR 399.84, airlines and ticket agents advertising airfares 

must state the full price to be paid by the consumer. Prior to January 26, 2012, the Department 

allowed taxes and fees collected by carriers and ticket agents, such as passenger facility charges 

and departure taxes, to be stated separately from base fares in advertisements, so long as such 

taxes and fees were levied by a government entity, were not assessed as a percentage of the fare 

price, were collected on a per-passenger basis, and their existence and amounts were clearly 

indicated at the first point in the advertisements where a fare was presented so that consumers 

could immediately determine the full fare to be paid. In print advertisements, it was permissible 

 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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to place an asterisk or other symbol proximate to the advertised fare that referred the reader to 

the bottom of the advertisement where the nature and amount of those taxes and fees that could 

properly be stated separately were shown.2

 On the other hand, ticket agent and carrier-imposed 

fees, e.g., surcharges for fuel, insurance, or other such costs, were required to be included in the 

advertised fare. 

The Department’s post-January 26, 2012, change to the full-fare advertising rule requires that 

advertisements specifying airfares and tour package prices with an air component include in the 

advertised prices all taxes and government-imposed fees and all mandatory airline- and ticket 

agent-imposed fees. Although an advertised price must now include all taxes and carrierimposed fees, air carriers and ticket agents are still free to provide consumers with a description 

of taxes and government-imposed fees and carrier-imposed fees.3

 However, such descriptions 

may not be false or misleading, may not be 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, both before and after January 26, 2012, constitute unfair and deceptive 

practices and unfair methods of competition in violation of section 41712. 

WTN violated section 399.84 by advertising fares without including all carrier-imposed fees and 

not properly disclosing government-imposed fees and taxes in its advertisements. Specifically, 

in late 2011, in Express India, WTN advertised fares from the Washington, D.C., metropolitan 

area to India that stated that taxes were not included, but did not give their amount. The 

advertisements also improperly broke out carrier-imposed fuel surcharges from the base fare. 

Furthermore, for a period of time in late 2011 and early 2012, WTN’s Internet website advertised 

fares on its homepage that excluded taxes and carrier-imposed fees. Consumers learned the total 

price only after contacting WTN’s reservation agents.

Mitigation

In mitigation, WTN states that it was unaware of the applicable regulations, it always fully 

disclosed all terms, conditions, and costs when any client contacted it, it modified its ads upon 

learning of the deficiencies, and it has been in full compliance ever since. WTN further states 

that it fully supports the Department’s efforts to protect the public from deceptive advertising 

practices but is a small business that followed what appeared to it to be the industry standard 

with regard to its ads. WTN asserts that it had no malicious intent and was attempting to act in 

good faith, even if negligent non-compliance with some of the applicable regulations may have 

taken place. World Travel Network does not believe that enforcement action is warranted in this 

instance because in its view this is a first time minor offense. 

Decision

 2 See, e.g., Nuevo Mundo Travel Agency, Inc., Violations of 49 U.S.C. § 41712 and 14 CFR 399.80(f) and 

399.84, Order 2010-7-17 (July 22, 2010). 

3 Such descriptions, if accurate, serve the public interest by allowing consumers to discern the portion of the 

total cost that is attributable to government sources. 
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The Office of Aviation Enforcement and Proceedings (Enforcement Office) views compliance 

with the Federal aviation statutes and regulations very seriously. We have carefully considered 

the information provided by WTN and continue to believe that enforcement action is warranted. 

The Enforcement Office and WTN have reached a settlement of this matter in order to avoid 

litigation. Without admitting or denying the violations described above, WTN consents to the 

issuance of this order to cease and desist from future violation of 49 U.S.C. § 41712 and 14 CFR 

399.84, and to the assessment of $10,000 in compromise of potential civil penalties otherwise 

due and payable pursuant to 49 U.S.C. § 46301.

This compromise assessment is appropriate considering the nature and extent of the violations 

described herein and serves the public interest. 

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 World Travel Network, LLC, violated 14 CFR 399.84 by advertising fares 

that did not state the full price to be paid for the air transportation;

3. We find that by engaging in the conduct described in ordering paragraph 2, World Travel 

Network, LLC, engaged in unfair and deceptive trade practices and unfair methods of 

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

4. We order World Travel Network, LLC, and all other entities owned or controlled by, or 

under common ownership and control with World Travel Network, LLC, its successors 

and assigns, to cease and desist from further similar violations of 49 U.S.C. § 41712 and

14 CFR 399.84;

5. We assess World Travel Network, LLC, a compromise civil penalty of $10,000 in lieu of 

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

paragraphs 2 and 3; Of this total penalty amount, $5,000 shall be due and payable as 

follows: $500 shall be due on January 31, 2013, $500 shall be due on March 31, 2013, 

$500 shall be due on May 31, 2013, $500 shall be due on June 30, 2013, $500 shall be 

due on July 31, 2013, $500 shall be due on August 31, 2013, $500 shall be due on 

September 30, 2013, $500 shall be due on October 31, 2013, $500 shall be due on 

November 30, 2013, and $500 shall be due on 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, World Travel Network, LLC, violates 

this order’s cease and desist or payment provisions, in which case World Travel Network, 

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

and
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6. We order World Travel Network, LLC, to pay the penalty assessed in ordering paragraph 

5, above, 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 World Travel Network, 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. 

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