Order 2014-8-9

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Fourteenth day of August, 2014

Docket OST 2014-0001 

Served August 14, 2014

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CONSENT ORDER

This consent order concerns advertisements by Voyager Travel LLC, formerly d/b/a LDS 

Travel and Meridian Trips LLC, (collectively Voyager Travel) and Brian Mickelsen, the 

owner and former member of the LLC, in his personal capacity, that violated the 

Department's advertising requirements specified in 14 CFR Part 399, and constituted 

unfair and deceptive trade practices in violation of 49 U.S.C. § 41712. An investigation 

by the Department's Office of Aviation Enforcement and Proceedings ("Enforcement 

Office") revealed that prior to January 26, 2012, Voyager Travel advertised air tour 

packages in a manner that did not meet Department requirements under Part 399 because 

the advertisements failed to include all fuel surcharges in the prices advertised, failed to 

state that the prices were subject to post purchase price increases, and failed to provide 

appropriate notice of the existence, nature, and amount of other charges and additional 

taxes and government-imposed fees that were then permitted to be stated separately from 

the base fare. Voyager Travel's advertisements published on and after January 26, 2012, 

continued to state that the prices were subject to increases even after final payment. 

Those advertisements violated 14 CFR 399.84(a), 399.88, and 399.89. 

This order directs Voyager Travel and Brian Mickelsen, in his personal capacity, to cease 

and desist from future violations of 49 U.S.C. § 41712 and Part 399 and assesses the 

company and Mr. Mickelsen, jointly and severally, a compromise civil penalty of 

$20,000. Mr. Mickelsen is also ordered to cease and desist for a period of ten years from 

the date of the issuance of this order from engaging in air transportation operations. 

Voyager Travel LLC, formerly d/b/a LDS 

Travel and Meridian Trips LLC, and Brian 

Mickelsen

Violations of 49 U.S.C. § 41712 and

14 CFR 399.84, 399.88 and 399.89
2

Applicable Law

Ticket agents selling air tour packages, including air and hotel packages, such as Voyager 

Travel, are subject to the advertising requirements of Part 399 of the Department's rules.

Under 14 CFR 399.84, any advertising that states a price for air transportation or an air 

tour is considered to be an unfair or deceptive practice in violation of 49 U.S.C. § 41712 

unless the price stated is the entire price to be paid by the customer to the air carrier or 

ticket agent for such air transportation, tour, or tour component. Prior to January 26, 

2012, as a matter of enforcement policy, the Department permitted air carriers and agents 

to state separately from the advertised price taxes and fees imposed by a government on a 

per-passenger basis, such as passenger facility charges, so long as their amounts appeared 

or were indicated clearly in the advertisement so that the consumer could determine the 

full price to be paid.1

 On the other hand, carrier- or agent-imposed surcharges, e.g., fuel, 

insurance, and service charges, or other such costs, always had to be included in the 

advertised price.2

 Moreover, when an air tour seller or carrier advertised a specific price 

for a flight, air tour or component, it had to have had on hand a reasonable inventory at 

the advertised price for a reasonable time period.3

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

for air travel consumers that, among other things, required airlines and ticket agents to 

comply with the Department's full-fare advertising rule as written. The revised full-fare 

rule mandates that the price advertised for passenger air transportation include all taxes 

and government-imposed fees and all mandatory airline- and ticket agent-imposed 

surcharges and fees in every advertised fare or price.4

 This provision was codified in 

14 CFR 399.84(a), which took effect on January 26, 2012. 

 1

 See, e.g., Costa Cruise Lines, N.V., Order 2009-9-3 (September 3, 2009). Under the 

enforcement policy in effect prior to January 26, 2012, with respect to airfares and air tours 

advertised on the Internet, taxes and government fees that were permitted to be excluded from the 

advertised price had to be noted in a prominent link, placed adjacent to the stated price the first 

time the price was shown that took the viewer to the bottom of the screen, or to a place on a 

separate screen, where a description and the amount of such taxes and fees were displayed.

2 See, e.g., GTS Globotours, Order 2014-2-14 (February 20, 2014); Bloomspot, Inc., Order 

2013-7-27 (July 31, 2013); British Airways, Order 2012-10-1 (October 1, 2012); Tour Beyond, 

Inc., d/b/a China Spree, Order 2011-106 (February 9, 2011); and orders cited therein. 

3

 AirTran Airlines, Order 2010-5-29 (May 28, 2010).

4

 Charges included within the single total price listed, e.g., government taxes, may be 

stated separately or through links or “pop ups.” On web sites that display the total price, such 

charges may not be false or misleading may not be displayed as prominently as the full fare, 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.
3

As under the prior rule, significant restrictions, such as double occupancy and conditions 

on availability must be properly disclosed with the pertinent advertised fares.5

In addition, under section 399.88, the seller may not add or increase taxes and 

government fees after the consumer has paid in full unless the seller has given notice and 

obtained the consumer’s written consent before full payment. This narrow exception 

only applies to a post purchase price increase in a government-imposed fee or tax. Once 

full payment has been made, other types of price increases are prohibited. Under section 

399.89, price increases, for example, for a fuel surcharge, are not permitted unless the 

seller has provided notification and obtained the consumer’s written consent before any 

payment has been made. Violations of sections 399.84(a), 399.88 and 399.89 (and the 

previous full-fare rule, section 399.84) constitute an unfair and deceptive practice and 

unfair method of competition in violation of section 41712. The Enforcement Office 

investigation of Voyager Travel found violations under the rules in effect before and after 

January 26, 2012. 

Background and Relevant Facts

Voyager Travel, which ceased operations in 2013, was a ticket agent based in Utah, 

specializing in offering travel packages that included, among other things, airfares and

hotel accommodations.

6

 During the time period at issue in this order, Mr. Mickelsen 

exercised primary control and direction over all of the activities of Voyager Travel. 

Voyager Travel promoted its air travel packages through e-mail solicitations, 

subscriptions, and advertisements that were published on its web sites, including 

www.lds.travel and www.voyager.travel, and others, until the company changed 

ownership, and ultimately went out of business. For a significant period of time 

beginning in January 2011, Voyager Travel published daily advertisements for the 

"Restoring Courage 2012 Tour” to Israel on its own and other web sites, and in radio and 

television advertising, promoting air tour packages, combining air fares, hotel, land tours, 

and related amenities.7 However, the prices advertised by Voyager Travel for its air 

 5

 See also GTS Globotours, supra; Bloomspot, supra; British Airways, supra; Lion World 

Travel d/b/a South African Airways Vacation, Order 2010-9-5 (Sept. 3, 2010); and Unique 

Vacations, Inc., Order 2010-11-7 (Nov. 8, 2010). 

6

 Other air tour packages included cruises, guided tours, specially chosen leaders and 

scheduled events, and related amenities, and traveled particularly to Israel, Jordan, the 

Mediterranean, the British Isles, and other countries in Europe, and areas of the United States.

7 The Restoring Courage tour was scheduled to depart on August 11, 2011. As late as July 

21, 2011, Voyager Travel mailed a demand that the Israel tour passengers pay an additional fuel 

surcharge, and included a copy of “Terms and Conditions, Restoring Courage Tour 2011” which 

stated: “Voyager Travel reserves the right to bill you for any increase in trip cost due to fees 

imposed beyond our control, including, but not limited to, airline fuel surcharges and increased 

security in Israel.” This practice was not permitted under Department enforcement policy even 

before the January 26, 2012, effective date of the regulations prohibiting post-purchase price 
4

package tours did not indicate that numerous significant restrictions applied. The 

advertised prices were "cash only" prices, based on double occupancy. Mandatory 

service, booking and insurance fees were not originally included. Voyager Travel also 

improperly imposed additional charges after full payment was made without prior 

disclosure or obtaining written permission. The Voyager Travel web site disclosed some 

information warning a consumer that a subsequent fuel or security surcharge might be 

imposed, but only if the consumer scrolled past the tour advertisements' main pages to a 

group of subtitled hyperlinks listed in the fine print area, and clicked the link, “Terms and 

Conditions.” When selected, that hyperlink carried the consumer to another page where 

Voyager Travel disclosed for the first time that under the applicable Terms and 

Conditions, fuel surcharges might be added to the trip cost and were subject to increase 

even after final payment. During 2012 and early 2013, the air tour advertisements on 

Voyager Travel web sites still included similar violative provisions. For example, the 

web sites stated: "We include known Fuel Surcharges in our pricing. However, Fuel 

Surcharges are unpredictable and subject to increases even after final payment." Such 

practices constitute violations of 14 CFR 399.88 and 399.89. 

The air tour package advertisements on Voyager Travel's own and third-party web sites 

failed to comply with the Department's full-fare advertising rule, 14 CFR 399.84, prior to 

the January 26, 2012, revision. Subsequently, the advertisements failed to comply with 

14 CFR 399.84(a), 399.88, and 399.89. In addition to violating Part 399, such practices 

constitute an unfair and deceptive practice in violation of 49 U.S.C. § 41712. 

Statement in Mitigation

In mitigation and explanation, Voyager Travel and Mr. Mickelsen state that they did not 

intend to violate the Department's full-fare advertising rules. They further state that the 

ticket agent held itself to high standards and tried to tailor its business practices to be in 

compliance with all applicable regulations. Moreover, its policies and practices were 

designed, the company and Mr. Mickelsen add, to comport with existing rules and 

regulations to the extent that they were able to inform themselves of them. When a fuel 

surcharge that the company had not anticipated was imposed by an air carrier with which 

it was dealing, the ticket agent asserts that it had no choice but to pass it on to the 

traveler. Voyager Travel and Mr. Mickelsen explain that the company adopted the same 

approach by adding mandatory insurance premiums after an experience in which 

hundreds of members of a tour group were held over in airports for several days. The 

restriction of the air tour prices to cash only, arose, according to the company, in response 

to competition with other local ticket agents that were demanding a substantial credit card 

convenience fee to cover their costs. Voyager Travel and Mr. Mickelsen explain that 

they elected to add the fee even though it had not been disclosed up front, because it was 

subsequently needed to cover extra costs that were imposed on the firm. Voyager Travel 

 

increases; see Grand Circle Travel Corp., Order 2006-7-23 (July 20, 2006); Trafalgar Tours 

West, Order 2007-8-24 (August 24, 2007). In its responses, Voyager Travel reported that 732 

people traveled on the tour, of which 697 participants paid the violative fuel surcharge.
5

and Mr. Mickelsen further state that they undertook the process of altering the web site to 

reflect the changes that the Department indicated were necessary. Mr. Mickelsen 

likewise assures the Enforcement Office that should he engage in air transportation in the 

future, he will ensure that any restrictions or additional costs will be advertised and 

disclosed to the passenger in full accordance with the Department's then-effective 

regulations. 

Findings and Decision

The Enforcement Office has carefully considered all of the information available to it, 

including that provided by Voyager Travel, but continues to believe that enforcement 

action is warranted. In order to avoid litigation, the Enforcement Office and Voyager 

Travel and Brian Mickelsen, in his personal capacity, have reached a settlement in this 

matter. While neither admitting nor denying the above allegations, Voyager Travel and 

Mr. Mickelsen accept the findings and conclusions stated herein and agree to cease and 

desist from further violations of 14 C.F.R. 399.84(a), 399.88, and 399.89, and 49 U.S.C. 

§ 41712. Mr. Mickelsen also agrees to cease and desist from engaging in air 

transportation operations as an owner, director, or member of a LLC, ticket agent, air 

carrier or foreign air carrier, or agent of either, for ten years in order to avoid potential 

litigation. 

Under this order, Voyager Travel LLC and Brian Mickelsen, in his personal capacity, are 

assessed $20,000 in compromise of potential penalties otherwise assessable under the 

provisions of 49 U.S.C. § 46301. Failure to obey the cease and desist or payment 

provisions may subject Voyager Travel LLC and Brian Mickelsen, in his personal 

capacity, to additional enforcement action for the failure to comply with this order. The 

Enforcement Office believes that the assessment of a civil penalty of $20,000 is 

appropriate in light of the nature and extent of the violations in question and will provide 

an effective deterrent to unlawful conduct in the future by Voyager Travel LLC, Mr. 

Mickelsen, and other sellers of air transportation.

This order is issued under the authority contained in 49 CFR Part I. 

ACCORDINGLY, 

1. Based on the above discussion, we approve this settlement and the provisions 

of this order as being in the public interest; 

2. We find that prior to January 26, 2012, Voyager Travel LLC, d/b/a LDS 

Travel and Meridian Trips LLC, and Brian Mickelsen, in his personal 

capacity, violated 14 CFR 399.84, as described above, by causing to be 

published advertisements that failed to state the entire price to be paid by the 
6

passenger to the company for certain air tours and by requiring payment of 

additional fees and charges after the passenger had paid the advertised price;

3. We find that after January 26, 2012, Voyager Travel LLC, formerly d/b/a 

LDS Travel and Meridian Trips LLC, and Brian Mickelsen, in his personal 

capacity, violated 14 CFR 399.84(a), 399.88 and 399.89, as described above, 

by causing to be published advertisements that failed to state the entire price 

to be paid by the passenger to the company for certain air transportation, and 

by requiring payment of additional fees and charges after the passenger had 

paid the advertised price; 

4. We find that by engaging in the conduct described in paragraphs 2 and 3, 

above, Voyager Travel LLC, formerly d/b/a LDS Travel, and Meridian Trips 

LLC, and Brian Mickelsen, in his personal capacity, engaged in an unfair and 

deceptive practice in violation of 49 U.S.C. § 41712; 

5. We find that Voyager Travel LLC, formerly d/b/a LDS Travel and Meridian 

Trips LLC, were at all times relevant herein under the leadership, direction 

and control of Brian Mickelsen with respect to the conduct described in 

ordering paragraphs 2 and 3, and that he is personally responsible for the 

violations found in those paragraphs;

6. We order Voyager Travel LLC, formerly d/b/a LDS Travel and Meridian 

Trips LLC, and Brian Mickelsen, in his personal capacity, and all other 

entities owned and controlled by, or under common ownership and control 

with Voyager Travel LLC, d/b/a LDS Travel and Meridian Trips LLC, and 

Brian Mickelsen, and their successors and assignees, to cease and desist from 

future violations of 14 CFR 399.84(a), 399.88, and 399.89 and 49 U.S.C. 

§ 41712; 

7. We order Brian Mickelsen, in his personal capacity, to cease and desist for a 

period of 10 years from the date of the issuance of this order from engaging in 

air transportation as an owner, director, member of an LLC, or a manager, a 

ticket agent, or air carrier or foreign air carrier; 

8. Voyager Travel LLC, formerly d/b/a LDS Travel and Meridian Trips LLC, 

and Brian Mickelsen, in his personal capacity, are assessed jointly and 

severally $20,000 in compromise of civil penalties that might otherwise be 

assessed for the violations found in ordering paragraphs 2 through 4 of this 

order. Of this total penalty amount, $2,750 shall be due and payable within 

60 days of the date of issuance of this order. Five additional payments of 

$1,450 each shall be due as follows: February 1, 2015, June 1, 2015, October 

1, 2015, January 1, 2016, and April 1, 2016. The remaining $10,000 shall 

become due and payable immediately if Voyager Travel LLC, formerly d/b/a 

LDS Travel and Meridian Trips LLC, or Brian Mickelsen, in his personal
7

capacity, violates this order's cease and desist provision within twenty-one

months following the date of issuance of this order, or fails to comply with 

the order's payment provisions; 

9. Failure to pay the compromise assessment as ordered shall subject Voyager 

Travel LLC, formerly d/b/a LDS Travel and Meridian Trips LLC, and Brian 

Mickelsen, in his personal capacity, to the assessment of interest, penalty, and 

collection charges under the Debt Collection Act, and to possible further 

enforcement action for failure to comply with this order; and

10. We order Voyager Travel LLC, formerly d/b/a LDS Travel and Meridian 

Trips LLC, and Brian Mickelsen, in his personal capacity, 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. 

This order will become a final order of the Department 10 days after its service unless a 

timely petition for review is filed or the Department takes review on its own motion.

BY:

BLANE A. WORKIE

Acting Assistant General Counsel for

 Aviation Enforcement and Proceedings

An electronic version of this document is available 

at http://www.regulations.gov