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OST Docket Filings for May 13, 2015

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May 19, 2015 10:37 AM Pacific Time

Applications and Renewals:

None

Answers and Replies:

Delta and AeroMexico - Confidentiality Affidavits of Virgin America and Zuckert Scoutt (Antitrust Immunity)

Notices of Action Taken:

China Airlines - Taiwan-US Open-Skies Renewal - Pending Since September 5, 2014

Golden Wings Charter - US-Bahamas Renewal

Notices and Orders:

Asia Atlantic Airlines - Granting Exemption and Show Cause (Thailand-US Charters)

Charter Air Transport - Reissuing Commuter Authority

Enforcement Policy Regarding Mistaken Fares - Notice of Current Policy




Asia Atlantic Airlines Co. Ltd.

Order 2015-5-10
OST-2015-0041 - Exemption and Foreign Air Carrier Permit - Thailand-US Charter Passenger

Issued and Served May 13, 2015

Order Granting Exemption and to Show Cause

We grant the request of Asia Atlantic Airlines Co. Ltd. for an exemption under 49 USC §40109 to engage in charter foreign air transportation of persons, property and mail between any point or points in Thailand and any point or points in the United States, and between any point or points in the United States and any point or points in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes service to Thailand for the purpose of carrying local traffic between the Thailand and the United States; and other charters in accordance with 14 CFR Part 212 of the Department’s regulations.

With respect to the applicant’s request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch

http://www.asiaatlanticairlines.com/

Index


Charter Air Transport, Inc.

Order 2015-5-9
OST-2009-0187
- Commuter Authority

Issued and Served May 13, 2015

Order Reissuing Commuter Authority

On April 17, 2015, CAT filed an application in Docket OST-2009-0187 requesting the reissuance of its commuter air carrier authorization to reflect a change in its corporate name to Via Airlines, Inc. The company also requested that the Department register the trade name “Charter Air Transport.” The change in the corporate name was accomplished on February 19, 2015, by an amendment to its articles of incorporation. In support of its request, CAT states that this is a change in corporate name only and that it intends to continue to perform some of its operations using the name “Charter Air Transport.” CAT further states that the name changes enable it to better market its operations.

By this order, we reissue the commuter authority held by CAT to reflect the change in corporate name and to register the new trade name.

By: Todd Homan

http://charterairtransport.com

Index


China Airlines, Ltd.

OST-1997-3138 - Exemption - Taiwan-US Open-Skies

Filed September 5, 2014 | Issued May 13, 2015

Notice of Action Taken

Renew exemption from 49 USC § 41301 to (1) conduct scheduled foreign air transportation of persons, property and mail from points behind Taiwan, via Taiwan and intermediate points, to points in the United States and beyond; (2) conduct charter foreign air transportation of persons, property and mail pursuant to the terms of the Air Transport Agreement between the American Institute in Taiwan and the Taipei Economic & Cultural Representative Office; (3) conduct other charters pursuant to 14 CFR 212 of the Department’s regulations; and (4) exercise all other rights enumerated in Annexes I and II of the Agreement.

By: Paul Gretch

http://www.china-airlines.com

Index




Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.

OST-2015-0070 - Antitrust Immunity for Alliance Agreements

May 13, 2015

Confidentiality Affidavits of Virgin America and Zuckert Scoutt
John Varley, Jonathon Foglia, Malcolm Benge

Index




Enforcement Policy Regarding Mistaken Fares

May 8, 2015

Notice of Current Policy

The authority to pursue or not to pursue enforcement action against airlines or other sellers of air transportation with respect to air travel consumer protection and civil rights requirements lies with the Department’s Office of the Assistant General Counsel for Aviation Enforcement and Proceedings. The Assistant General Counsel has decided not to enforce section 399.88 with respect to mistaken fares while the Department completes the aforementioned rulemaking process. As a matter of prosecutorial discretion, the Enforcement Office will not enforce the requirement of section 399.88 with regard to mistaken fares occurring on or after the date of this notice so long as the airline or seller of air transportation: (1) demonstrates that the fare was a mistaken fare; and (2) reimburses all consumers who purchased a mistaken fare ticket for any reasonable, actual, and verifiable out-of-pocket expenses that were made in reliance upon the ticket purchase, in addition to refunding the purchase price of the ticket. These expenses include, but are not limited to, non-refundable hotel reservations, destination tour packages or activities, cancellation fees for non-refundable connecting air travel and visa or other international travel fees. The airline may ask the consumer requesting out-of-pocket expenses to provide evidence (i.e. receipts or proof of cancellations) of actual costs incurred by the consumer. In essence, the airline or seller of air transportation is required to make the consumer “whole” by restoring the consumer to the position he or she was in prior to the purchase of the mistaken fare. The enforcement policy outlined in this notice is temporary and will remain in effect only until the Department issues a final rule that specifically addresses mistaken fares. If, based on comments received in the rulemaking process, the Department determines that section 399.88 should remain as written, airlines and other sellers of air transportation would be expected to comply and the Enforcement Office would enforce the requirement.

Although the airline or seller of air transportation may promptly correct a mistaken fare and halt the sale, due to the rapid speed at which information is disseminated, significant ticket sales, sometimes in the thousands, may occur before the fare becomes unavailable.

The burden rests with the airline or seller of air transportation to prove to the Enforcement Office that an advertised fare and the resulting ticket sales constitutes a mistaken fare situation. If a sale does not qualify as a mistaken fare situation, the carrier or other seller of air transportation is bound by § 399.88.

In February 2015, United Airlines experienced a mistaken fare situation where, in order to purchase a ticket, individuals had to go to United’s Denmark website which had fares listed in Danish Krone throughout the purchasing process. Only people who identified “Denmark” as their location/country when entering billing information at the completion of the purchase process were able to complete their purchase at the mistaken fare levels. The Enforcement Office decided not to take action against United for not honoring the fare offers because the fare offer was not marketed to consumers in the United States. The Enforcement Office also noted its concern that to obtain the fare, some purchasers had to manipulate the search process on the website in order to force the conversion error to Danish Krone by misrepresenting their billing address country as Denmark when, in fact, Denmark was not their billing address country.

By: Blane Workie

OST-2014-0056 - Transparency of Airline Ancillary Fees and Other Consumer Protection Issues

Index




Golden Wings Charter Limited

OST-2004-18704 - Exemption - US-Bahamas

Filed February 20, 2015 | Issued May 13, 2015

Notice of Action Taken

Renew exemption from 49 USC § 41301 to permit the applicant to engage in charter foreign air transportation of persons, property and mail between any point or points in the Bahamas and any point or points in the United States, using small aircraft.

By: Paul Gretch

http://www.goldenwingscharter.com/

Index


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