The U.S. Department of Transportation (USDOT) announced Wednesday it had fined AirChina and FlightHub Group for violations of the Aviation Consumer Protection Rules.
The USDOT fined Air China $300,000 for tarmac delay rule violations and fined Flight Hub Group $300,000 for misrepresentations on its website and online advertising. Additionally, the entities were ordered to cease and desist future similar violations.
“DOT will hold airlines and ticket agents accountable when they treat consumers unfairly,” said U.S. Deputy Transportation Secretary Polly Trottenberg. “These fines should serve as a warning to all airlines and online ticket agents that the Department will take enforcement action against violations of aviation consumer protection rules.”
The department said its Office of Aviation Consumer Protection (OACP) found that in 2018, Air China allowed two international flights, one in January from Beijing to JFK International Airport (JFK) containing 192 passengers and another in November from JFK to Beijing with 279 passengers, to sit on the tarmac for over five hours without allowing passengers to deplane. The airlines’ actions violate the USDOT’s tarmac delay rule.
Under the USDOT tarmac delay rules, airlines are generally prohibited from allowing international flights to sit on the tarmac for more than four hours without providing passengers with an opportunity to leave, although exceptions exist for safety, security, or air traffic control-related reasons. The rule also requires airlines to provide adequate food and water, to ensure that bathrooms are working, and if necessary, to provide medical attention, during long delays.
A separate investigation by OACP found that FlightHub Group and its brand JustFly.com violated USDOT aviation consumer protection rules and federal laws concerning unfair and deceptive practices by ticketing agents through misleading online advertising displays. The department found that FlightHub Group advertised prices that were not available.
Additionally, the OACP found that FlightHub Group misrepresented fares, cancellation charges, and ticket refunds in connection with air transportation, as well as provided inaccurate information on the fee for checked baggage in e-ticket confirmations.
The violations occurred during the company’s Canadian bankruptcy restructuring in 2021. The $300,000 penalty assessed by the USDOT against FlightHub Group is the highest civil penalty ever assessed by OACP against a ticket agent.