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DOT Fines
Flythere4less For Violation Of Code Share Disclosure Rules By Mike Mitchell |
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April 10, 2011 - The U.S. Department of Transportation
(DOT), in its continuing effort to protect airline
consumers, has fined the on-line ticket agent
Flythere4less $40,000 for failing to disclose to
consumers when flights were being operated under a
code-sharing arrangement.
“When passengers
buy an airline ticket, they have a right to know which
airline will be operating their flight,” said U.S.
Transportation Secretary Ray LaHood.
“We will continue to ensure that airlines and
ticket agents comply with our code-sharing rules.” Under code sharing, an airline will sell tickets on flights that use its designator code but are operated by a separate airline. DOT rules require airlines and ticket agents to disclose to consumers, before they book a flight, if the flight is operated under a code-sharing arrangement. |
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The
disclosure must include the corporate name of the transporting
carrier and any other name under which the flight is offered to
the public. Under a new law, when tickets are purchased on the
Internet, code-share information must be easily viewable on the
first display of a Web site following a search for flights
corresponding to a desired itinerary.
Section
257.4 of the Department’s code-share disclosure rule states that
the holding out or sale of scheduled passenger air
transportation involving a code-sharing arrangement is an unfair
and deceptive trade practice in violation of 49 U.S.C. § 41712
unless, in conjunction with that holding out or sale, the
advertiser follows certain notice requirements, including those
of 14 CFR 257.5(d).
The
specific terms of section 257.5(d) require that print
advertisements, including those published on the Internet,
“prominently disclose that the advertised service may involve
travel on another carrier,” “clearly indicate the nature of the
service in reasonably sized type,” and “identify all potential
transporting carriers… by corporate name and by any other name
under which that service is held out to the public.” An investigation by the Office of Aviation Enforcement and Proceedings (Enforcement Office) revealed a significant lack of compliance by Flythere4less with section 257.5. During at least the latter half of 2010, Flythere4less failed to properly disclose the existence of code-sharing arrangements when advertising code-share flights operated on behalf of a major air carrier by a regional air carrier on its Internet website. |
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