Order 02-3-23

Order 02-3-23

Site59.com, Incorporated

Order 02-3-23

Issued March 25, 2002
Served March 25, 2002

Consent Order

Violations of 49 U.S.C. $41712 and 14 CFR 399.84

Site59 specializes in offering last minute weekend travel packages that include airfare, hotel and/or rental car. During 2001, Site59 promoted air travel packages by means of advertisements that were published over the Internet (Site59.com and other sites) and through internet-based subscriptions. One such advertisement appeared on July 18, 2001, offering "Site59 Top Picks / Dynamite Savings - Take $25 off" weekend travel packages including hotel and airfare, describing five destinations from Washington, D.C., valid from July 18 through July 31, 2001. Another such promotion that was repeatedly published was the "Las Vegas, NV: More Than Wayne Newton" package. Both publications held out prices without mention of any applicable taxes or fees that would be added when the tickets were purchased. When, however, passengers attempted to purchase the advertised getaway package from Washington Dulles Airport to Las Vegas, for example, they were told that the fare was actually $62.16 higher than the quoted fare, because the advertised fare did not include all of the applicable fees and charges. As published, the Site59 advertisements violate section 399.84 of the Department's regulations and 49 U.S.C. § 41712.

Site59.com, Inc. consents to the issuance of this order to cease and desist from future violations of 49 U.S.C. § 41712 and of 14 CFR 399.84, and to the assessment of $40,000 in compromise of potential civil penalties. Of this penalty amount, $20,000 will be offset by the expenses Site59.com, Inc. has incurred in bringing its operations, web site and subscription service into compliance with the Department's statutes and regulations; these expenses were supported by cost records provided to the Enforcement Office. Another $10,000 of the penalty amount shall be due and payable within 15 days of the issuance of this order. The remaining $10,000 shall be suspended for one year from the date of issuance of this order, and then forgiven unless Site59.com, Inc. violates this order's cease and desist provision during that time period or fails to comply with the order's payment provisions, in which case the unpaid portion of the penalty shall become due and payable immediately.

By: Rosalind Knapp