Benjamin Edelman Complaint

1 of 8 BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

---------------------------------------------------- -- ) ) Benjamin Edelman, ) third

- party complainant ) )
v. ) Docket DOT

- OST

- 2013

-

____ ) Air Europa ) )

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

COMPLAINT OF BENJAMIN E DELMAN Comments with respect to this document should be addressed to: Benjamin Edelman 16 9 Walnut St. Brookline, MA 02445 E

- mail: ben@benedelman.org

Dated: December 1 6 , 2013Benjamin Edelman Complaint

2 of 8 BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

-------------------------------------------------------------- - ) ) Benjamin Edelman, ) thir d

- party complainant ) )
v. ) Docket DOT

- OST

- 2013

-

____ ) A ir Europa ) )

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

COMPLAINT OF BENJAMIN EDELMAN
1. This complaint arises out of Air Europa mischaracterizing fees as “tax,” adding surcharges not disclosed in the first fare quote, and thereby failing to comply with applicable DOT requirements.
2. On December 1 3 , 2013, I used the Air Europa web site, Aireuropa.com , to quote ordinary paid coach trav el from New York JFK to Madrid, Spain

. I found that the Air Europa site misrepresented carrier

- imposed surcharge as “tax.”
3. Specifically, Air Europa provided the fare quote shown in Attachment s 1

- 3. On the left panel of the fare quote, Air Europa indicate d a “ price per adult ” cost of 323
Euros plus “tax es ” of 430.63 Euros minus a 12 Euro discount , for a total of 741.6 3 EUR. If a consumer moves his mouse to the plus sign shown in the fare quote, a further window appears, reiterating the false statement of “taxes.” See Attachment 2

. If a consumer presses the Reserve button to proceed to booking, the false statement of “taxes” remainsBenjamin Edelman Complaint

3 of 8 on screen. See Attachment 3. If a consumer enters passenger details, the final booking confirmation page again repeats the false statement of “taxes.” See Attachment 4.
4. On information and belief, there is no “tax” of 430

. 63 EUR on this route.
ITA Matrix indicates that Air Europa imposes surcharges coded as “YQ”, although I was unable to determine the amount of YQ that Air E uropa imposes on this routing.
5. Air Europa’s statement of “tax” is literally false.
6. 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.
7. I previously found that the Air Europa web site made the same false
statement of “ta x” on April 4, 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

. 8. Air Europa further violates DOT rules by adding an additiona l fee not included in the first fare quote. Under DOT rules effective January 26, 2012, “the first price quote presented must be the full price, including all taxes, fees and all carrier surcharges” (emphasis added). But Attachment s 1

- 3 also show Air Eur opa repeatedly stating that “Service Fee not included”. To determine the amount of the service fee, I pressed the Reserve button in Attachment 1, then filled in the passenger details in
Attachment 3 (requiring twice entering my name, twice entering my pas sport number, twice entering my phone number, entering my date of birth and date of passport expiration, and more), and finally received the information shown in Attachment 4

– theBenjamin Edelman Complaint

4 of 8 first mention of an additional 24 EUR fee. The top of Attachment 4 states “ Collection types: Electronic Ticket (24 EUR) ”. The bottom of Attachment 4 reiterates the 24 EUR charge. The screenshots show no instance in which I was asked for my preference of ticket collection methods or offered any way to receive a ticket that wo uld avoid this 24 Euro additional charge.
9. The 24 Euro charge appeared well into the booking process. Specifically, this charge was first indicated after I had been quoted the base price four different times (Attachment 1 left side, Attachment 1 top, the popup window visible in Attachment 2, and Attachment 3 left side). This charge was first indicated after I had filled in the lengthy form in Attachment 3. Because this charge is disclosed at such a late stage in the booking process, it deters consumers from taking their business elsewhere.
10. I ask that the Department of Transportation: (1) Exercise its authority under 49 USC 41712 to open an investigation of Air Europa for having engaged in, and continuing to engage in, the
unfair and deceptive practices described above; (2) Pursuant to such investigation, o rder Air Europa to refund to ticket purchasers all monies represent ed to ticket purchasers as “tax ” or government

- imposed fees, but not actually remitted to governments; (3) Pursuant to such investigat ion, order Air Europa to refund to ticket purchases all “service fees” not included in the first fare quote; ( 4 ) Impose appropriate civil penalties on Air Europa ; and (5 ) Refer this matter to appropriate US and foreign tax collection agencies for investig ation of possible tax fraud or other violations of tax law inBenjamin Edelman Complaint

5 of 8 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 prepara tion, 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 , /s/ Benjamin EdelmanBenjamin Edelman Complaint

6 of 8 Attachment 1

Attachment 2Benjamin Edelman Complaint

7 of 8 Attachment 3

Attachment 4Benjamin Edelman Complaint

8 of 8 Certificate of Service

I h ereby certify that I have, this 1 6 th day of December , 2013 caused a c opy of the foregoing Complaint to be served by electronic mail on the following persons: Aaron A. Goerlich, Esq. agoerlich@ggh

- airlaw.com Samuel Podberesky, Esq. sam.podberesky@dot.gov

/s/

_____________________ Benjamin Edelm an