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 )

)

v. ) Docket DOT-OST-2013-____

)

Air Europa )

)

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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-____

)

Air Europa )

)

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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 13, 2013, I used the Air Europa web site, Aireuropa.com, to 

quote ordinary paid coach travel 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 Attachments 1-

3. On the left panel of the fare quote, Air Europa indicated a “price per adult” cost of 323 

Euros plus “taxes” of 430.63 Euros minus a 12 Euro discount, for a total of 741.63 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” remains 
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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 Europa 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 “tax” 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 additional 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 Attachments 1-3 also show Air Europa 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 passport 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 – the 
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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 would 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, order Air Europa to refund to ticket 

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

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

(3) Pursuant to such investigation, 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 investigation of possible tax fraud or other violations of tax law in 
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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,

/s/

Benjamin Edelman
Benjamin Edelman

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Attachment 1

Attachment 2
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Attachment 3

Attachment 4
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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:

Aaron A. Goerlich, Esq. agoerlich@ggh-airlaw.com

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

/s/

_____________________

Benjamin Edelman