Order 2013-1-16 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Twenty-Fifth day of January, 2013

Legendary Journeys, Inc. Docket OST 2013-0004

Served January 25, 2013

Violations of 49 U.S.C. § 41712 and 

14 CFR 399.84(a)

CONSENT ORDER

This consent order concerns Internet advertisements by Legendary Journeys, Inc.,

(Legendary Journeys) that failed to comply with the Department’s full-fare advertising 

rule, 14 CFR 399.84(a), and constituted an unfair and deceptive practice prohibited by 

49 U.S.C. § 41712. It directs Legendary Journeys to cease and desist from further similar 

violations of section 399.84(a) and section 41712 and assesses Legendary Journeys a 

compromise civil penalty of $40,000. 

Applicable Law

Legendary Journeys is a ticket agent 1 and is therefore subject to the advertising 

requirements of Part 399 of the Department’s rules and the prohibition in 

49 U.S.C. § 41712 against engaging in unfair and deceptive practices. To ensure that 

consumers are not deceived and are given accurate and complete fare information on 

which to base their air travel purchase decisions, 14 CFR 399.84(a) requires that 

advertisements specifying air fares and tour package prices with an air component state 

the entire price to be paid by the consumer. Although charges included within the single 

 1 A “ticket agent” is “a person (except an air carrier, a foreign air carrier, or an employee of an air 

carrier or foreign air carrier) that as a principal or agent sells, offers for sale, negotiates for, or holds itself 

out as selling, providing, or arranging for air transportation.” 49 U.S.C. § 40102(a)(45).
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total price listed, e.g., government taxes, may be described separately, including through 

links or “pop ups” on websites that display the total price, such descriptions may not be 

false or misleading, may not be displayed as prominently as the total price, 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. Furthermore, applying government-imposed taxes and fees as well as agentimposed fees to air fare advertised as “free” violates section 399.84(a) because the 

advertised price of the air fare, which is ostensibly “free,” is not the entire price of the air

fare to be paid by the consumer. 2

 Accordingly, a ticket agent cannot advertise an air fare 

as “free,” then impose charges when the consumer attempts to obtain the “free” travel.

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Violations of section 399.84(a) also constitute violations of section 41712.

Facts and Conclusions

An investigation by the Office of Aviation Enforcement and Proceedings (Enforcement 

Office) found that Legendary Journeys advertised cruise packages with an air component 

that did not state the entire price to be paid by the consumer. Specifically, Legendary 

Journeys’ website displayed prices for air/cruise packages that, instead of showing the 

entire price to be paid by the consumer, included language in a disclaimer paragraph 

toward the bottom of the advertisement stating that taxes, agent-imposed fees, and other 

applicable fees would be added.

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Furthermore, Legendary Journeys included the phrase “FREE AIR” or “INCLUDES 

FREE AIR” adjacent to the stated price on its cruise-package advertisements. The use of

the phrase “FREE AIR” was deceptive because the air fare was not actually free as 

claimed by the ticket agent. Consumers were given the option of either purchasing the 

cruise package with air for the advertised price plus taxes and fees, or purchasing the 

package without air, in which case the consumer would receive a $100-$200 “credit.”

Such conduct violates the requirements of 14 CFR 399.84(a) and constitutes an unfair 

and deceptive practice prohibited under 49 U.S.C. § 41712.

 Mitigation

In mitigation, Legendary Journeys states that its primary business is the sale of cruise 

packages, not air transportation. Legendary Journeys further states that only a small 

number of the travel packages advertised on its website include an air component. 

Legendary Journeys states that its website is intended to be an information source and 

 2 See Guidance on the Use of the Term “Free” in Air Fare Advertisements and Disclosure of Consumer 

 Costs in Award Travel, May 17, 2012, available at http://www.dot.gov/individuals/airconsumer/guidance-use-word-free-advertisements. 

3 As noted in in our May 17, 2012, Guidance on the Use of the Term “Free”, nothing in the Department’s 

full-fare advertising rule or our guidance prevents a carrier from truthfully stating that air transportation 

may be obtained “free of carrier charges” or “without carrier charges,” provided that taxes and government 

fees are properly disclosed. 

4 See Additional Guidance on Air Fare/Air Tour Price Advertisements, February 21, 2012, available at 

http://www.dot.gov/individuals/air-consumer/additional-guidance-airfare-and-air-tour-priceadvertisements.
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that it does not allow consumers to book travel via its website. According to Legendary 

Journeys, there is no live merchant payment process and every reservation requires 

contact with a live agent to complete the transaction. Legendary Journeys states that 

upon receipt of the Department's investigation letter, it took the necessary action to 

comply with the Department’s regulations and immediately brought its website into full 

compliance. 

Decision

The Enforcement Office has carefully considered the information provided by Legendary 

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

Office and Legendary Journeys have reached a settlement of this matter in order to avoid 

litigation. Without admitting or denying the violations described above, Legendary 

Journeys consents to the issuance of this order to cease and desist from similar violations

of 49 U.S.C. § 41712 and 14 CFR 399.84(a) 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 serves the public interest. It represents a strong deterrent 

against future noncompliance with the Department’s air fare advertising regulations. 

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

ACCORDINGLY,

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

this order as being in the public interest;

2. We find that Legendary Journeys, Inc., violated 14 CFR 399.84(a) by failing to

advertise the entire price to be paid by consumers for tour packages with an air 

component;

3. We find that by engaging in the conduct and violations described in ordering 

paragraph 2, above, Legendary Journeys, Inc., engaged in an unfair and deceptive 

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

4. We order Legendary Journeys, Inc., and all other entities owned or controlled by, 

or under common ownership and control with Legendary Journeys, Inc., their 

successors and assignees, to cease and desist from further similar violations of 

49 U.S.C. § 41712 and 14 CFR 399.84(a). Failure to comply with this cease and 

desist provision shall subject these entities to further enforcement action;

5. We assess Legendary Journeys, Inc., $40,000 in civil penalties in compromise of 

civil penalties that might otherwise be assessed for the violations found in 

ordering paragraphs 2 and 3 above. Of this total penalty amount, $20,000 shall be 
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due and payable as follows: $1,000 shall be due within 30 days of the date of 

issuance of this order, $5,000 shall be due on April 1, 2013, $5,000 shall be due 

on August 1, 2013, $5,000 shall be due on December 1, 2013, and $4,000 shall be 

due on April 1, 2014. Any unpaid portion of the civil penalty amount shall 

become due and payable immediately if, between the date of issuance of this 

order and May 1, 2014, Legendary Journeys, Inc., violates this order’s cease and 

desist or payment provisions, in which case Legendary Journeys, Inc., may 

become subject to additional enforcement action for any violation of the order; 

and

6. We order Legendary Journeys, Inc., to pay the penalty through Pay.gov to the 

account of the U.S. Treasury in accordance with the instructions contained in the 

Attachment to this order. Failure to pay the penalty as ordered shall subject 

Legendary Journeys, Inc., 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