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Updated: Thursday, May 21, 2009 1:26 PM


Holiday Airways Corporation d/b/a Holiday Air


Holiday Air's Public Charter Office Filings - PC-09-048 and PC-09-049

http://www.holidayair.net/

Holiday Airways Corporation d/b/a Holiday Air

Order 2009-5-12
OST-2009-0001 - Violations of 49 USC 41101 and 41712 and 14 CFR Parts 380 and 3999

Issued and Served May 19, 2009

Consent Order

This consent order concerns violations of certain consumer protection provisions of the Department’s Public Charter regulations by Holiday Airways Corporation d/b/a Holiday Air, a Public Charter operator. Holiday Air failed to apply for and receive approval from the Department prior to advertising Public Charter flights, in violation of 14 CFR Part 380. Holiday Air also held out service on its Internet website in a manner that could confuse the public into believing it was an airline, in violation of 49 U.S.C. § 41101 and distributed advertisements that failed to comply with 14 CFR 399.84, the Department’s rule on full fare advertising. These activities constituted unfair and deceptive practices and unfair methods of competition in violation of 49 U.S.C. § 41712 and 14 CFR 380.27. This order directs Holiday Air to cease and desist from future violations and assesses a compromise civil penalty of $50,000.

Holiday Air is a Miami-based Public Charter operator that conducts Public Charter service between San Juan, Puerto Rico (SJU) and Santa Domingo, Dominican Republic (SDQ) and between Orlando, Florida (MCO) and SJU. Prior to applying for and receiving Public Charter authority from the Department, Holiday Air advertised Public Charter service between SJU and SDQ, scheduled to commence on March 29, 2009. Holiday Air also promoted and advertised Public Charter service between MCO and SJU, scheduled to commence on May 23, 2009, prior to receiving Public Charter authority from the Department. Holiday Air advertised both of these Public Charter services on its website, www.holidayairways.com, and also advertised the SJU-SDQ charter service in print advertisements. Holiday had not received Public Charter authority from the Department to hold out or conduct these flights prior to publishing these solicitations

By: Rosalind Knapp


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