US DOT Consent Order—Consumer Protection Violations

Violations of Full-Fare Advertising, Opt-Out Provision and Fee Disclosure Rules

The US Department of Transportation Office of Aviation Enforcement and Proceedings ("DOT") issued a Consent Order against Aeroenlaces Nacionales, S.A. de C.V., t/a VivaAerobus ("VivaAerobus") for violations of various consumer protection rules.

The DOT determined that VivaAerobus violated the full-fare advertising rules by advertising fares in its initial fare matrix that did not include a mandatory fee—the issuance fee. On its US website, VivaAerobus offered several methods for payment at the end of the booking process, adding an "issuance fee" for each method of payment. The amount of the issuance fee varied by the payment method chosen but could not be avoided, and was not disclosed to the passenger until the final step in the booking process. By not advertising the full fare to be paid by the consumer in the initial fare matrix, VivaAerobus violated 14 CFR 399.84(a).