CONSENT ORDER

June 27, 2016

Aeroenlaces Nacionales, S.A. de C.V., t/a VivaAerobus (VivaAerobus) violations of 14 C.F.R. Part 382 — VivaAerobus was fined $150,000 in civil penalties for violating general DOT consumer protection regulations, including rule 14 CFR § 399.84(a); 14 CFR § 399.84(c), and the statutory prohibition against unfair and deceptive trade practices, 49 U.S.C. § 41712.  

In the course of its investigation, the Enforcement Office determined that the carrier advertised fares in its initial fare matrix that did not include the issuance fee, which is mandatory. The “issuance fee” was added at the end of the booking purchase when the customer was required to select from several methods of payment. The fee amount varied by the method of payment and was not disclosed to the customer until the final step of the booking process. Also, VivaAerobus failed to have a reasonable amount of seats available for an advertised fare, and when the seats were no longer available, the carrier did not act promptly to discontinue advertisement of the fare. 

Additionally, the carrier used the opt-out method for selling optional services. The “opt out” rule states that an airline cannot offer optional services in connection with air travel when the service is automatically added to the ticket purchase if the customer takes no action or fails to opt out. Finally, VivaAerobus did not prominently disclose on its U.S. facing website fee information for all optional services available when purchasing air transportation.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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