Order 2013-7-11

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Twelfth day of July, 2013

British Airways Plc Docket OST 2013-0004

Violations of 49 U.S.C. § 41712 Served July 12, 2013

CONSENT ORDER

This consent order concerns inaccurate information provided by British Airways Plc (British 

Airways) to consumers regarding the availability of discounted fees for baggage on its Internet 

website in violation of 49 U.S.C. § 41712. The order directs British Airways to cease and

desist from future similar violations of section 41712, and assesses the carrier a compromise

civil penalty of $40,000.

Applicable Law

Carriers that display on their websites specific optional service fees, including discounted fees 

for baggage, as being available to all consumers must ensure that the displayed fees are in fact 

available to all consumers and that as a practical matter consumers are able to obtain the 

optional services at the advertised rates.1 The failure to provide accurate optional service fee 

information by advertising certain fees as universally obtainable when that is not the case is an 

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

Background

In May 2012, in response to a consumer complaint, the Department’s Office of Aviation 

Enforcement and Proceedings (Enforcement Office) conducted an investigation of British 

 1 Pursuant to 14 CFR 399.85(d), a U.S. or foreign air carrier that has a website marketed to U.S. consumers 

must prominently disclose on the website information on fees for all optional services that are available to a 

passenger purchasing air transportation. 
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Airways’ U.S. website, www.britishairways.com/us, which offered discounted rates for 

consumers that pay the fee for baggage in advance. The Enforcement Office found that certain

consumers that made their reservations through third-party booking agents were unable to pay

at the discounted rate for these baggage fees on British Airways’ website; instead, they received

a “system non-responding” message, which provided no other instructions or explanations

except a prompt to try again later. British Airways failed to provide notice that its discounted 

rates may not be available to all consumers or to implement a system making the discounted 

rates available to all consumers. As such, a number of consumers who attempted to pay 

baggage fees at the discounted rates that the carrier stated were available online were unable to 

do so and as a result were forced to pay the higher rates applicable to purchases made at airport 

ticket counters. British Airways’ failure to provide accurate information regarding the 

availability of its discounted baggage fees violates 49 U.S.C. § 41712. 

Mitigation

In mitigation, British Airways emphasizes its regret that any of its passengers may have been 

inconvenienced by being unable to book an online discounted extra baggage fee and asserts that 

the vast majority of its passengers were able to obtain the discount without difficulty. British 

Airways further states that the discount is not intended to promote the sale of excess baggage 

but to ease congestion at airport check-in, allow customers to avoid lengthy lines and otherwise 

enhance the customer experience. British Airways notes that passengers who contacted it 

because they were unable to book the discounted rate online were either provided with 

alternative means to obtain that rate or British Airways provided refunds to those passengers.

Decision

The Enforcement Office has carefully considered the information provided by British Airways,

but continues to believe that enforcement action is warranted. The Enforcement Office and 

British Airways have reached a settlement of this matter in order to avoid litigation. Without 

admitting or denying the violations described above, British Airways consents to the issuance

of an order to cease and desist from future similar violations of 49 U.S.C. § 41712, and to the 

assessment of $40,000 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 the size and sophistication of the carrier and serves the public interest. It

represents a strong deterrent to future similar practices by British Airways, as well as by

other carriers.

This order is issued under the authority contained in 49 CFR Part 1 and 14 CFR 385.15.

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 British Airways Plc engaged in an unfair and deceptive practice and an 
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unfair method of competition in violation of 49 U.S.C. § 41712 by failing to accurately inform

certain consumers of the availability of its discounted baggage fees;

3. We order British Airways Plc and its successors and assignees to cease and desist from

future similar violations of 49 U.S.C. § 41712. Failure to comply with this cease and desist

provision shall subject British Airways Plc and its successors and assignees to further

enforcement action;

4. We assess British Airways Plc a compromise civil penalty of $40,000 in lieu of civil 

penalties that might otherwise be assessed for the violations described in ordering 

paragraph 2, above. Of this total penalty amount, $20,000 shall be due and payable within 30 

days of the issuance date of this order, and the remaining $20,000 shall become due and 

payable if, within one year of the issuance date of this order, British Airways Plc violates the 

cease and desist provision in ordering paragraph 3, above, or fails to comply with the payment 

provisions in this ordering paragraph, in which case, the entire unpaid portion of the civil

penalty shall become due and payable immediately; and

5. We order British Airways Plc 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 British Airways 

Plc 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