Benjamin Edelman

Complaint

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BEFORE THE DEPARTMENT OF TRANSPORTATION

OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

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)

Benjamin Edelman, )

 third-party complainant )

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v. ) Docket DOT-OST-2013-____

)

S.C. Compania Nationala de Transporturi )

 Aeriene Romane TAROM S.A. ) 

)

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COMPLAINT OF BENJAMIN EDELMAN

Comments with respect to this document should be addressed to:

Benjamin Edelman

169 Walnut St.

Brookline, MA 02445

E-mail: ben@benedelman.org

Dated: December 16, 2013
Benjamin Edelman

Complaint

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BEFORE THE DEPARTMENT OF TRANSPORTATION

OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

---------------------------------------------------------------)

)

Benjamin Edelman, )

 third-party complainant )

)

v. ) Docket DOT-OST-2013-____

)

S.C. Compania Nationala de Transporturi )

 Aeriene Romane TAROM S.A. ) 

)

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COMPLAINT OF BENJAMIN EDELMAN

1. This complaint arises out of Tarom mischaracterizing fees as “tax” and 

thereby failing to comply with applicable DOT requirements.

2. On December 13, 2013, I used the Tarom web site, Tarom.ro, to quote 

ordinary paid coach travel from New York JFK to Bucharest, Romania. I found that the 

Tarom site misrepresented carrier-imposed surcharge as “tax.”

3. Specifically, Tarom provided the fare quote shown in Exhibits 1-3. Tarom 

quoted a “flight” cost of 265 EUR plus “tax” of 300.70 EUR, for a total of 565.70 EUR.

4. On information and belief, there is no “tax” of 300.70 EUR on this route. 

ITA Matrix indicates that there exists a “YQ” surcharge of $255.60, which I believe is 

impermissibly included in the “tax” section of the fare quote.

5. Tarom’s statement of “tax” is literally false.
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6. The bottom of the fare quote includes an admission that “The price of your 

ticket is composed of the air tariff and taxes, fees and charges which are imposed by the 

airline (fuel/insurance surcharge) and/or government authorities. These taxes, fees and 

charges are either included in the ?FARE?, or shown separately in the ? TAX? box(es) of 

your ticket.” The final sentence affirmatively admits that the Tarom site may list “fees 

and charges” within “the TAX box” of a ticket or, by all indications, a fare quote. This 

sentence gives an affirmative admission of Tarom’s unlawful inclusion, within the “tax” 

box, of charges that are not taxes. This sentence does not serve as disclosure or 

disclaimer of the contents of the “tax” box because DOT rules do not allow airlines to 

redefine or disclaim the meaning of the word “tax” in this way. Furthermore, the 

placement of this sentence – well below the “tax” box, without any reference (such as a 

footnote marker or asterisk) on or adjacent to the “tax” box, and in a location where most 

consumers would overlook it – is not reasonably or prominently associated with the 

statement purportedly clarified.

7. It is unfair and deceptive to characterize a charge as “tax” when it is set by 

a carrier of its own volition and need not be remitted to any government, airport, or 

similar authority. Such false statements provide consumers with inaccurate information 

as to the actual cost of their travel.

8. I previously found that the Tarom web site made the same false statement 

of “tax” in April 2013. I retain appropriate screenshot proof which I can provide upon 

request. On information and belief, the false statements at issue occurred continuously 

throughout this period. I do not know when these false statements began.

9. I ask that the Department of Transportation:
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(1) Exercise its authority under 49 USC 41712 to open an investigation of 

Tarom for having engaged in, and continuing to engage in, the unfair 

and deceptive practices described above;

(2) Pursuant to such investigation, order Tarom to refund to ticket 

purchasers all monies represented to ticket purchasers as “tax” or 

government-imposed fees, but not actually remitted to governments;

(3) Impose appropriate civil penalties on Tarom; and 

(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.

Pursuant to Title 18 United States Code Section 1001, I certify that I 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 

documents which contain 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.

Respectfully submitted,
Benjamin Edelman

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/s/

Benjamin Edelman
Benjamin Edelman

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Attachment 1

Attachment 2
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Complaint

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Attachment 3
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Certificate of Service

I hereby certify that I have, this 16th day of December, 2013 caused a copy of the 

foregoing Complaint to be served by electronic mail on the following persons:

Daniela Eugenia Chiriac dana.chiriac@tarom.ro

Samuel Podberesky, Esq. sam.podberesky@dot.gov

/s/

_____________________

Benjamin Edelman