Communications with respect to this document should be sent to:

Mike Borsetti

101 California St Ste 4100

San Francisco, CA 94111

mike@borsetti.com

2 March 2014

BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

In Re

Benjamin Edelman,

vs.

Air Europa Lineas Aereas, S.A.U

Docket DOT-OST-2013-0214

COMMENTS IN SUPPORT OF AN ENFORCEMENT ACTION 
Comments of Borsetti

1

BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

In Re

Benjamin Edelman,

vs.

Air Europa Lineas Aereas, S.A.U.

Docket DOT-OST-2013-0214

COMMENTS IN SUPPORT OF AN ENFORCEMENT ACTION

1. In DOT-OST-2013-0214-0005 Mr. Edelman provides evidence that as of 4 

April 2013 Air Europa was in violation of 14 CFR § 399.84, a full 15 months after its 

effective date of 24 October 20111.

2. Air Europa’s answer (DOT-OST-2013-0214-0006) effectively admits that 

its “review” screen (as proved by Mr. Edelman) was not compliant and therefore deceptive2

, and, while shrouding the reply with ambiguities and vague claims, it does not provide affirmative evidence of compliance elsewhere in the booking process nor does it 

make such affirmation, leaving one wondering.

 

1

See 76 FR 23166

2

“websites which detailed additional fees labeled all additional charges, government and carrier-imposed, 

as taxes when in fact carrier-imposed fees were often the major portion of these fees. Such displays were 
Comments of Borsetti

2

3. By selling Air Europa-imposed surcharges and fees as if they were government-imposed taxes, it is uncontroversial that Air Europa has been deceiving customers.

The fact that it was allowed to get away with it until Mr. Edelman took his time and employed his skills to aid the under-resourced DOT spot this is not a justification for Air 

Europa to avoid the prescribed enforcement fine for violating 49 U.S.C. § 41712.

4. I do believe that Air Europa’s argument (in essence: “we’ve been able to 

get away with violating the law without being caught3, so the DOT should not fine us4”) 

is dangerous and, if allowed, would significantly impair the DOT’s ability to have its regulations taken seriously by airlines – why comply with DOT regulations by their effective 

date when there is no cost for not doing so?

Respectfully submitted,

/s/

Mike Borsetti

2 March 2014

 

deceptive and in violation of section 41712”. DOT determination of deceit in Additional Guidance on Airfare/Air Tour Price Advertisements, 21 February 2012, page 1.

3

“To Air Europa’s knowledge, DOT has not received a single complaint about the site (apart from Mr. 

Edelman’s), and Air Europa itself has received no complaints.”

4

“No useful purpose would be served by a continued expenditure of Department resources on this matter. The Department should proceed to the next case [...] rather than revisit the past.”
Comments of Borsetti

3

CERTIFICATE OF SERVICE

A copy of the foregoing has been served as required by 14 C.F.R. § 302.7 this day

of 2 March 2014 upon the following parties via electronic mail, and no indication was 

received that any transmission had failed:

 For the U.S. Department of Transportation:

o Samuel Podberesky, Esq., Assistant General Counsel for Aviation Enforcement & Proceedings: sam.podberesky@dot.gov

 For Air Europa Lineas Aereas: 

o Aaron A. Goerlich, Garofalo Goerlich Hainbach PC: agoerlich@ggh-airlaw.com

 For the Complainant:

o Benjamin Edelman, Esq.: ben@benedelman.org

/s/

Mike Borsetti