Order 2012-10-13

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Eleventh day of October, 2012

 Worldwide Travel, Inc. Docket OST 2012-0002

 Violations of 49 U.S.C. § 41712 and 14 CFR 399.84 Served October 11, 2012

CONSENT ORDER

This consent order concerns advertisements by Worldwide Travel, Inc., that violated the full fare 

advertising requirements specified in 14 CFR 399.84, as well as 49 U.S.C. § 41712, which 

prohibits unfair and deceptive practices and unfair methods of competition. This order directs 

Worldwide Travel to cease and desist from future violations of section 399.84 and section 41712, 

and assesses the ticket agent a compromise civil penalty of $15,000. 

Applicable Law and Facts

As a ticket agent, Worldwide Travel is subject to the advertising requirements of Part 399 of the 

Department’s rules. Pursuant to 14 CFR 399.84, carriers 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 ad valorem in nature, i.e., 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. Violations 

of section 399.84 constitute unfair and deceptive practices in violation of 49 U.S.C. § 41712.
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Prior to January 26, 2012, in print advertisements, it was permissible 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.

1 After January 26, the breakout of taxes and government fees was 

prohibited.2

Notwithstanding the requirements of Part 399, for a period of time during 2011, Worldwide 

Travel’s print advertisements in the Pakistan Post listed fares to Pakistan from the United States 

that stated that taxes and surcharges were extra, but did not give their amount. Consumers were 

made aware of the total price only after calling Worldwide Travel’s telephone agents. Worldwide 

Travel’s failure to provide proper notice of taxes and fees that could then be legally stated 

separately from the fare violated 14 CFR 399.84 and 49 U.S.C. § 41712.

Mitigation

In mitigation, Worldwide Travel states that it is disappointed that the Department believes 

enforcement action is warranted in this instance. Worldwide Travel further states that this is a 

first time offense, that it is a small business, and that it was unaware of the Department’s 

advertising requirements. After being contacted by the Department, Worldwide Travel 

immediately withdrew the advertisement in question. Finally, Worldwide Travel states that the 

violation is minor and that it incorrectly believed that its advertisements were lawful because 

other travel agents advertising in the same media as Worldwide Travel were advertising in a 

similar manner.

Decision

The Department views compliance with the Federal aviation statutes and regulations very 

seriously. The Office of Aviation Enforcement and Proceedings (Enforcement Office) has 

carefully considered the information provided by Worldwide Travel and continues to believe that 

enforcement action is warranted. The Enforcement Office and Worldwide Travel have reached a 

settlement of this matter in order to avoid litigation. Without admitting or denying the violations 

described above, Worldwide Travel 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 $15,000

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. 

 1 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 2010-07-17 (July 22, 2010).

2 76 Fed. Reg. 23110 (April 25, 2011).
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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 Worldwide Travel, Inc., 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, Worldwide 

Travel, Inc., engaged in unfair and deceptive trade practices and unfair methods of competition 

in violation of 49 U.S.C. § 41712;

4. We order Worldwide Travel, Inc., and all other entities owned or controlled by, or under 

common ownership and control with Worldwide Travel, 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 Worldwide Travel, Inc., a civil penalty of $15,000 in compromise of civil 

penalties that might otherwise be assessed for the violations found in ordering paragraphs 2 and

3. Of this total penalty amount, $7,500 shall be due and payable in five equal installments of 

$1,500 each. The first payment of $1,500 shall be due and payable on or before November 1, 

2012, the second installment due and payable on or before December 1, 2012, the third 

installment due and payable on or before January 1, 2013, the fourth installment due and payable 

on or before February 1, 2013, and the last installment due and payable on or before March 1, 

2013. The remaining portion of the civil penalty amount, $7,500 shall become due and payable 

immediately if Worldwide Travel violates this order’s cease and desist provision within one year 

following the date of issuance of this order or fails to comply with this order’s payment 

provisions; and

6. We order Worldwide Travel, Inc., 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 Worldwide Travel,
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Inc., 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