Travelocity: Orbitz noncompliant with DOT order

WASHINGTON -- Travelocity is blowing the whistle on Orbitz.

In a paper filed with the Transportation Department, Travelocity said its rival is not complying with a recent DOT order about how Orbitz must disclose its new service fee.

According to Travelocity, Orbitz should be told to shape up, and should be required to put an additional consumer notice on its site stating that, because it charges service fees, all fares on Orbitz are "available for less" directly from the airlines' sites.

Orbitz recently obtained an exemption from the DOT allowing it to state its new $5 per ticket service fee separately from the air fare. The fee is capped at $10 for multiple ticket purchases up to four. In granting that exemption, the DOT said Orbitz had to meet certain conditions and "prominently disclose that it charges a service fee on the first page of its Web site."

Travelocity said the Orbitz home page contains only a "vague reference" to service fees with the following language: "Orbitz Services and Fees. Learn the latest. More."

The wore "more" is a hyperlink that opens a pop-up window explaining the Orbitz fee.

Travelocity said Orbitz not only failed to comply with the DOT's order, but includes a statement in the pop-up window that "two independent audit companies have confirmed that Orbitz meets or beats the fares of our largest competitors in more than 8 out of 10 searches."

In the interest of preventing "consumer deception," Travelocity said the DOT should order Orbitz to amend this statement to note that the surveys were conducted before Orbitz adopted its $10 service fee.

Travelocity also complained that users of the Comet Systems comparative shopping software do not see the DOT-mandated notices about Orbitz's fees. As reported, Orbitz has an arrangement with Comet Systems whereby users of the Comet software, when searching on Travelocity or Expedia, will see a pop-up window inviting them to view the results of a similar search on Orbitz.

According to Travelocity, this Comet pop-up window does not contain the notice that Orbitz adds a $10 service fee to all airline fares.

Travelocity told the DOT that it doesn't disagree with the new policy that service fees can be stated separately from the air fare, but it said the DOT should make sure that Orbitz is in full compliance with the related conditions on disclosure.

It also asked the DOT to clarify its policy and allow airlines and agents to do the same thing with airline fuel surcharges.

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