December 2, 2024
In complaints to the DOT and its Inspector General, Linear Air alleges retaliation, more violations of pricing rules by Jettly, OneFlight.
After filing complaints with the Department of Transportation alleging deceptive advertising against Jettly, OneFlight International, and Surf Air, Linear Air is now alleging that Jettly and OneFlight have made potentially retaliatory threats in separate letters to the DOT’s Office of the Inspector General. Additionally, Linear Air is citing new promotional emails from Jettly and OneFlight as possibly violating DOT rules.
Last week, Linear Air provided Private Jet Card Comparisons with copies of complaints it had filed with the regulators, alleging the trio’s display of charter prices violated 14 CFR Part 295, which governs charter brokers, and 14 CFR Part 399.84, which “requires advertised prices for air transportation to be the entire price to be paid by the customer to the carrier or agent, for such air transportation.”
Following our report, Linear Air CEO William Herp says emails he received from Jettly and OneFlight were “possible retaliatory acts.”
In complaints by Linear Air to the Office of the Inspector General, Herp said the emails he received from the two other brokers “represent an act that threatens our livelihoods as the complainant and is a possible violation of 18 USC Section 1513 (e) and other statutes.”
That statute states, “Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.”
In a letter to Herp dated Nov. 27, 2024, Jettly CEO Justin Crabbe wrote in part:
‘While we respect and encourage communication with the DOT regarding industry practices, we take strong exception to your dissemination of inaccurate, misleading, and defamatory information about Jettly, particularly through the press. Your actions appear to be part of a deliberate effort to damage our company’s reputation, a matter Jettly takes very seriously. We have engaged legal counsel and are actively contemplating litigation to address the harm caused by your false statements…We demand that you immediately cease and desist from sharing or publishing false, misleading, or defamatory statements about Jettly. Should this behavior continue, we will pursue all available legal remedies to protect our business interests and reputation.’
In the letter, Crabbe denied Linear Air’s initial complaint, writing:
‘Jettly has consistently adhered to all applicable regulations, and we emphasize that we have always provided full disclosure of all applicable charges, including taxes, and other relevant costs. This is done to ensure compliance and transparency with both customers and regulatory bodies. As noted in your communication with the DOT, taxes are calculated dynamically during the checkout process, which is distinctly different from the initial quote request stage. This approach accounts for changes in passenger counts and routing that directly impact segment taxes and Federal Excise Tax (FET). Such practices are standard across the industry, ensuring accuracy based on the finalized booking details.’
In a follow-up email to the DOT, Herp also cited a Nov. 26th Jettly email (pictured below) titled, “Discover the Latest 12 Aircraft Added to Jettly’s Fleet!”
The Jettly email continued, “We’re thrilled to share that 12 incredible aircraft have joined Jettly’s global network this week! These additions enhance your travel options, offering even more variety and flexibility for your journeys.”
It then showed the aircraft “available for instant-book.”
Herp told the DOT, “It is our understanding that Jettly does not have a Part 135 authorization and may be misrepresenting that they do by promoting a fleet. In addition, the pricing included in the email is unclear as to whether it includes fees and taxes.”
Asked to comment, Crabbe provided a copy of the letter sent to Herp, adding, “Our positions contained within the attached correspondence remain unchanged. It should provide you with ample clarity into our current position.”
Crabbe also forwarded to Private Jet Card Comparisons a response to the DOT, which read in part, “I am writing to address the recent complaint submitted to your office regarding Jettly and to provide clarification on recent developments. We want to assure your office that Jettly welcomes the Department of Transportation’s (DOT) involvement and values the critical role your office plays in overseeing industry practices. It has come to our attention that the complainant, Mr. Herp, has now informed the DOT that Jettly has allegedly ‘threatened’ him for raising concerns with your office. We categorically deny this accusation. At no point has Jettly threatened or retaliated against Mr. Herb for his communication with the DOT. Our correspondence with Mr. Herp has focused solely on addressing what we believe to be inaccurate, misleading, and defamatory public statements he has made about Jettly outside of the DOT complaint process. To ensure complete transparency, we are attaching the full history of correspondence we have had with Mr. Herp. We trust this will provide the necessary context and demonstrate our commitment to professionalism in addressing this matter. Jettly is fully prepared to cooperate with your office in reviewing this complaint and stands by our compliance with all applicable regulations. We welcome the opportunity for a constructive dialogue with the DOT at any time to clarify our practices and address any questions or concerns.”
The Linear Air CEO provided copies of a similar exchange with OneFlight International, also known as BAJit.
OneFlight Corporate Counsel David Stefanski had written to Herp, “I welcome a discussion with the DOT. We disagree with your belief, and sharing it with the media and other third parties with the intent to, and actually causing harm to OneFlight makes it actionable. We intend to pursue damages.”
In addition to alleging retaliation to the Inspector General’s office, Herp wrote to the DOT about what he believes are more violations, noting, “The (OneFlight) CEO, Mr. (Ferren) Rajput, claims that the prices shown on their app do include taxes and fees. However, he notes that the confusion I experienced with the app came from a re-sort of search results to favor member pricing, which seems like the definition of bait-and-switch. To be clear, I am not a member, and BAJit-OneFlight is selling memberships at $125k+, so it seems like the re-sort from the better-priced option for non-members to a higher-priced option for non-members is designed to drive consumers to become members and provide significant sums to finance BAJit-OneFlight’s operations.”
In the new complaint, he cited an article from this website about a OneFlight jet card promotion. He then pointed to an email from the Denver-based flight provider.
Herp wrote, “Moreover, BAJit-OneFlight is not including taxes in the prices being pitched for their membership. In addition to the link below to a story about their ‘Black Friday sale’ where a $125k jet card is being offered plus 7.5% FET but without including the dollar amount of the FET in the price, please see the attached email I received yesterday from OneFlight International promoting a Mid-Sized jet card for $160,000 + Tax.”
Stefanski responded to our query in writing, stating, “OneFlight International, Inc. believes each of these complaints are without merit and welcomes the Department of Transportation’s review. OneFlight intends to vigorously defend itself against such claims. OneFlight denies any threat or retaliation was made against Mr. Herp for his actions in making the original complaint with the DOT. The correspondence with Mr. Herp (with the intent of corresponding with his attorney) was focused on addressing what we believe to be inaccurate and misleading statements about OneFlight to third parties and to the press in what was an attempt to defame OneFlight and cause it economic harm. OneFlight has communicated with the DOT on these matters and is fully prepared to cooperate in any review.”
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