Order 2012-8-27

 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Twenty-First day of August, 2012

Compagnie Nationale Royal Air Maroc

Docket OST 2012-0002

Served August 21, 2012

Violations of 14 CFR 399.85(b) and

49 U.S.C. § 41712

CONSENT ORDER

This order concerns violations by Compagnie Nationale Royal Air Maroc (Royal Air

Maroc) of 14 CFR 399.85(b), and the statutory prohibition against unfair and deceptive 

practices, 49 U.S.C. § 41712. It directs Royal Air Maroc to cease and desist from future 

similar violations and assesses the carrier $60,000 in civil penalties.

Applicable Law

On April 25, 2011, the Department issued a set of rules designed to enhance protections 

for air travel consumers that, among other things, require airlines to clearly and 

prominently disclose on the first screen in which the carrier offers a fare quotation for a 

specific itinerary selected by a consumer that additional fees for baggage may apply and 

where consumers can view the applicable baggage fees. 14 CFR 399.85(b). The 

notification that additional baggage fees may apply must be clear, conspicuous and 

prominent. This rule, which became effective January 24, 2012, is intended to ensure 

that consumers are not deceived and are given accurate and complete information on 

which to base their travel purchase decisions. Violations of section 399.85(b) constitute 

unfair and deceptive practices and unfair methods of competition in violation of 49 

U.S.C. § 41712.
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Facts

As a foreign air carrier, Royal Air Maroc is subject to the prohibition on engaging in 

unfair and deceptive practices set forth in 49 U.S.C. § 41712 and to the baggage fee 

disclosure requirements of 14 CFR 399.85(b). Royal Air Maroc failed to meet the 

requirements of section 399.85(b) by not clearly and prominently disclosing on the first 

screen in which it offers a fare quotation for a specific itinerary selected by a consumer 

that additional airline fees for baggage may apply and where consumers could go to see 

these baggage fees. For a period of time after January 24, 2012, in response to consumer 

searches using the main booking path on its website, Royal Air Maroc displayed a fare 

matrix for outbound and inbound legs. Appearing at the top of the page was a typical

menu bar with, among six other items, the menu option, “Baggage and service fees.” 

Although this menu option linked to Royal Air Maroc’s baggage fee policies, its 

placement at the top of the page, and apart from the fare matrix, did not make it clear 

whether additional baggage fees might apply to the fares displayed and therefore was not 

sufficient to comply with the requirement of the rule.

Mitigation

In mitigation, Royal Air Maroc states that any violation of the Department’s requirement 

was inadvertent, that it fully cooperated with the Department’s investigation, and that this 

is the first consent order that the Department has ever issued against it for violation of the 

Department’s regulations.

Royal Air Maroc also states that it did not receive any passenger complaints regarding 

this issue, that there is no evidence that any passengers were not able to readily obtain all 

necessary information regarding Royal Air Maroc’s baggage fees, and that any allegation 

that it failed to adequately disclose baggage fees should be considered in the context of 

Royal Air Maroc’s long-standing policy of allowing all trans-Atlantic passengers to carry 

two checked bags without any additional charge. 

Decision

The Enforcement Office has carefully considered the information provided by Royal Air 

Maroc, but continues to believe enforcement action is warranted. The Enforcement 

Office and Royal Air Maroc have reached a settlement of this matter in order to avoid 

litigation. Without admitting or denying the violations described above, Royal Air 

Maroc, consents to the issuance of this order to cease and desist from future violations of 

14 CFR 399.85(b) and 49 U.S.C. § 41712, and to the assessment of $60,000 in 

compromise of potential civil penalties otherwise due and payable pursuant to 49 U.S.C. 

§ 46301.
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The compromise assessment is appropriate considering the nature and extent of the 

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

to future similar unlawful practices by Royal Air Maroc and other sellers of air 

transportation.

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 Compagnie Nationale Royal Air Maroc violated 14 CFR 399.85(b) by 

failing to clearly and prominently disclose on the first screen in which the carrier 

offers a fare quotation for a specific itinerary selected by a consumer that additional 

airline fees for baggage may apply and where consumers can view the applicable 

fees;

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

Compagnie Nationale Royal Air Maroc engaged in an unfair and deceptive practice 

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

4. We order Compagnie Nationale Royal Air Maroc, and all other entities owned or 

controlled by, or under common ownership and control with Compagnie Nationale 

Royal Air Maroc, its successors, affiliates, and assignees, to cease and desist from 

further violations of 14 CFR 399.85(b) and 49 U.S.C. § 41712;

5. Compagnie Nationale Royal Air Maroc is assessed $60,000 in compromise of civil 

penalties that might otherwise by assessed for the violations described above. Of this 

total penalty amount, $30,000 shall be due and payable in three equal installments of 

$10,000 each, with the first installment due and payable within 30 days of the 

issuance date of this order, the second installment due and payable within 60 days of 

the issuance date of this order, and the third installment due and payable within 90 

days of the issuance date of this order. The remaining $30,000 shall become due and 

payable if, within one year of the issuance date of this order, Compagnie Nationale 

Royal Air Maroc violates the cease and desist provision in ordering paragraph 4, 

above, or fails to comply with the payment provisions in this ordering paragraph, in 

which case, the entire unpaid portion of the civil penalty shall become due and 

payable immediately; and 

6. We order Compagnie Nationale Royal Air Maroc to pay the penalty through Pay.gov 

to the account of the U.S. Treasury. Payments shall be made in accordance with the 

instructions contained in the Attachment to this order. Failure to pay the penalty as 

ordered shall subject Compagnie Nationale Royal Air Maroc 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

(SEAL)

An electronic version of this document is available at 

www.regulations.gov