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1988 - June DOT Ord. & Dec. [1] (June, 1988)

handle is hein.usfed/dotod0388 and id is 1 raw text is: Order 88-6-1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D. C. Issued by the Department of Transportation on the 1st day of June, 1988 SERVED JUN 01 1988 PGA TOURS, INC. Violations of Section 411 of the Federal Aviation Act and 14 CFR Part 380 CONSENT ORDER This order concerns instances in the fall of 1987 and in February and March 1988 in which PGA Tours, Inc. (PGA), a travel agency formerly located in Avon, Massachusetts and now located in Stoughton, Massachusetts, violated certain consumer protection provisions of the Department's Public Charter regulations and Federal Aviation Act (Act) in advertising and selling round trip Public Char- ter flights between Boston, Massachusetts and Las Vegas, Nevada and Nassau, Bahamas. PGA's most serious violations involved its incorrect identification of both the charter operator and the direct air carrier for two of the Public Charter trips it advertised, which is prohibited by section 411 of the Act. Other violations include PGA's failure to identify the charter operator and the direct air carrier and failure to refer to the operator-participant contract in solicitation materials as required by the Department's regulations. This consent order directs PGA to pay compromise civil penalties and to cease and desist from future violations. Specifically, in the fall of 1987 PGA advertised and sold several trips using sched- uled airlines, as well as a December 4-7, 1987, Public Charter trip, to Nassau using a one-page flyer that failed to identify the charter operator or direct air carrier. Then in February and early March 1988, PGA advertised and sold two charter trips to Nassau and one to Las Vegas using a similar flyer that also failed to identify either the charter operator or the direct air carrier. While customers who asked were told that the charter flights were not PGA's own, PGA misinformed some customers that the charter operator and direct air carrier for the Las Vegas trip were the same as for the Nassau trips. Investigation disclosed that PGA had arranged with two Public Charter operators to sell the Public Charter flights it advertised and that those flights were listed in Public Charter prospectuses (operating authorizations) filed with the Department by those operators as required by the Department's regulations. PGA's advertisements for Public Charter trips that failed to include the name of the charter operator and the name of the direct air carrier violated §380.30(a) of the Department's Public Charter regulations, 14 CFR 380.30(a). Moreover, the

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