Last updated: 01:50 AM ET, Mon October 29 2012

DOT Fines Orbitz for Violating Airline Price Advertising Rules

Features & Advice | U.S. Department of Transportation | Kate Rice | October 17, 2011

The U.S. Department of Transportation (DOT) said it has fined online travel agency Orbitz $60,000 for violating federal aviation laws and the department’s rules prohibiting deceptive price advertising in air travel. The move is part of the DOT’s ongoing campaign to have travel agencies, online travel agencies, airlines and other airline ticketing agents comply with new regulations on advertising the full price of fares.

“Consumers have a right to know the full price they will be paying for air fares,” said U.S. Transportation Secretary Ray LaHood. “We established airline price advertising rules to protect the consumer and will take enforcement action when these rules are violated.”

DOT said that for a period of time in early 2011, Orbitz’s homepage displayed advertisements that did not provide any information on additional taxes and fees. Consumers clicking on an advertisement were not notified of the additional charges until after they arrived at the following page and scrolled down to the bottom of the page, where information in fine print about the taxes and fees could be found. In addition, consumers selecting discounted fares advertised by Orbitz found that these fares were no longer available. Instead, they were taken to a page where a different fare was displayed.

The DOT said Orbitz’s website violated rules requiring any advertising that includes a price for air transportation to state the full price to be paid by the consumer, including all carrier-imposed surcharges. The only exception currently allowed is government-imposed taxes and fees, which are assessed on a per-passenger basis, such as passenger facility charges. These may be stated separately from the advertised fare but must be clearly disclosed in the advertisement so that passengers can easily determine the full price they must pay. Internet fare listings may disclose these separate taxes and fees through a prominent link next to the fare stating that government taxes and fees are extra. The link must take the viewer directly to information where the type and amount of taxes and fees are displayed. In addition, a reasonable number of seats must be available at the advertised fare for the period the fare is being offered. The rules apply to ticket agents as well as airlines.

Under DOT’s recently adopted consumer rule that enhances protections for air travelers, carriers and ticket agents will be required, among other things, to include all government taxes and fees in every advertised fare beginning Jan. 24, 2012. The consent order is available on the Internet at www.regulations.gov, docket DOT-OST-2011-0003.

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