Mistake fare cancelled - strange response from DOT?
Oct 6, 2014, 1:52 pm
#1
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Mistake fare cancelled - strange response from DOT?
I booked a mistake fare, which was then cancelled. I made a complaint to the DOT. Read the below email chain. I'm extremely confused. Basically, DOT says that an itinerary YOW-YTZ-MDW/MDW-YTZ-YOW doesn't fall within DOT jurisdiction. If I'm missing something, or someone could explain what's going on, I'd much appreciate it!
The emails are in order of oldest to most recent. Black is message I sent, red is message from DOT.
The emails are in order of oldest to most recent. Black is message I sent, red is message from DOT.
On 03-OCT-2014, I booked a flight between YOW-MDW, connecting in YTZ, for 6 people via eDreams.net on Porter Airlines. With the credit card booking fee and the eDreams insurance fee, my total came to $100.48. There is a charge against my credit card. On 04-OCT-2014, eDreams sent me an email saying Porter airlines would not confirm the ticket. Please process this claim pursuant to 49 CFR 41712 § 399.88(a) .
This responds to your communication regarding Edreams.net and Porter Airlines. The U.S. Department of Transportation seeks to ensure that all airline passengers are treated fairly. Based on the information you have provided, it does not appear that your complaint falls under one of the Department's rules due to the fact that your travel occurred between two foreign points. With that said, I have forwarded your concerns to both campanies and asked them to review their records. Also, if you have not already done so, I would encourage you to file a complaint with the Canadian Transportation Agency by visiting its link:
https://services.otc-cta.gc.ca/eng/complaint-wizard
Complaints from consumers are helpful to us in determining whether airlines are in compliance with our rules and to track trends or spot areas of concern that warrant further action. I have entered your complaint in our computerized industry monitoring system, and it will be counted among the number of complaints filed against this airline in our monthly Air Travel Consumer Report. This report allows consumers and air travel companies to compare the complaint records of individual airlines and tour operators. The data in this report also serve as a basis for rulemaking, legislation and research. Consumer information for air travelers, including the Air Travel Consumer Report and our pamphlet Fly-Rights, a Consumer's Guide to Air Travel, can be found on our website, www.dot.gov/airconsumer. Thank you for taking the time to contact us.
https://services.otc-cta.gc.ca/eng/complaint-wizard
Complaints from consumers are helpful to us in determining whether airlines are in compliance with our rules and to track trends or spot areas of concern that warrant further action. I have entered your complaint in our computerized industry monitoring system, and it will be counted among the number of complaints filed against this airline in our monthly Air Travel Consumer Report. This report allows consumers and air travel companies to compare the complaint records of individual airlines and tour operators. The data in this report also serve as a basis for rulemaking, legislation and research. Consumer information for air travelers, including the Air Travel Consumer Report and our pamphlet Fly-Rights, a Consumer's Guide to Air Travel, can be found on our website, www.dot.gov/airconsumer. Thank you for taking the time to contact us.
Thank you for your reply.
My final destination was MDW, Chicago Midway Airport, from YOW Ottawa via YTZ Toronto. As my final destination is MDW Chicago, should this not fall within the jurisdiction of the DOT?
My final destination was MDW, Chicago Midway Airport, from YOW Ottawa via YTZ Toronto. As my final destination is MDW Chicago, should this not fall within the jurisdiction of the DOT?
Because your travel involved a roundtrip between two out of U.S. destinations than no, DOT does not have jurisdiction in this case. We would have jurisdiction in the itinerary you mention if the carrier had misplaced your luggage or another issue which occurred at the U.S. based airport.
Thank you for your prompt reply.
I remain puzzled. My point of departure is Canada, but my arrival destination is in the USA. The itinerary had me stay beyond 24 hours (i.e. This is not cabotage). To that end, I am confused how a round trip itinerary between Canada and the USA qualifies as "between two out of US destinations."
I'm sure I'm missing something here, and would appreciate a quick explanation.
I remain puzzled. My point of departure is Canada, but my arrival destination is in the USA. The itinerary had me stay beyond 24 hours (i.e. This is not cabotage). To that end, I am confused how a round trip itinerary between Canada and the USA qualifies as "between two out of US destinations."
I'm sure I'm missing something here, and would appreciate a quick explanation.
From your itinerary it shows that you are traveling from YOW (Canada)- YTZ (Canada) – MDW (U.S.) – YTZ (Canada) – YOW (Canada). Again your complaint concerns a purchase you made on eDreams regarding a Porter Airlines flight. You are correct that your travel does include travel at MDW but again your complaint does not concern any issues which occurred at MDW such as lost luggage etc. As mentioned in the initial notification I have forwarded your complaint to both companies which will have to respond to you.
This dispute arises from a post purchase price increase, which to my reading of the relevant jurisprudence, only requires that the ticket have a stopover in the USA for over 24 hours to qualify under CFR 399.88. There is nothing in the text nor the jurisprudence of the relevant regulations that would place this complaint outside the jurisdiction of the DOT. Please submit this complaint for review, as I don't think there is a correct analysis of the facts and law.
As I mentioned your complaint has already been forwarded for your review under 14 CFR 259.7(c).
Oct 6, 2014, 6:52 pm
#2
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I booked a mistake fare, which was then cancelled. I made a complaint to the DOT. Read the below email chain. I'm extremely confused. Basically, DOT says that an itinerary YOW-YTZ-MDW/MDW-YTZ-YOW doesn't fall within DOT jurisdiction. If I'm missing something, or someone could explain what's going on, I'd much appreciate it!
The emails are in order of oldest to most recent. Black is message I sent, red is message from DOT.
The emails are in order of oldest to most recent. Black is message I sent, red is message from DOT.
Oct 6, 2014, 7:26 pm
#3
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2. 14 CFR 399.88 covers "any seller of scheduled air transportation within, to or from the United States" [emphasis added]. This reservation is ostensibly covered by the above regulation per this coverage.
3. In Decision No. 202-C-A-2014, "The Mistake Fare Trilogy", the Canadian Transportation Administration (CTA) adopted the common-law approach of mistake in contract with regards to post-purchase price increases in airfares. This approach is far less consumer friendly than the DOT approach.
4. If I sought relief from the CTA, my claim would probably fail because of the reasoning laid out in Decision No. 202-C-A-2014. However, if my claim proceeded (and was accepted :S) by the DOT, their approach would more likely result in relief.
. (I don't recall if this was possible or not).
Oct 6, 2014, 8:01 pm
#5
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You have to remember that most people, including most at the DOT, have no clue about airport codes and such. You should have simplified the original correspondence, not used airport codes and been a bit more clear. Too late for that now, but obviously they were confused.
Oct 6, 2014, 8:04 pm
#6
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Even after he stated Chicago/USA, he continues on the line that's it's not DOT jurisdiction.
Oct 6, 2014, 9:15 pm
#7
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1. DOT engages a 'Post Purchase Price Increase' protection under 14 CFR 399.88.
2. 14 CFR 399.88 covers "any seller of scheduled air transportation within, to or from the United States" [emphasis added]. This reservation is ostensibly covered by the above regulation per this coverage.
3. In Decision No. 202-C-A-2014, "The Mistake Fare Trilogy", the Canadian Transportation Administration (CTA) adopted the common-law approach of mistake in contract with regards to post-purchase price increases in airfares. This approach is far less consumer friendly than the DOT approach.
4. If I sought relief from the CTA, my claim would probably fail because of the reasoning laid out in Decision No. 202-C-A-2014. However, if my claim proceeded (and was accepted :S) by the DOT, their approach would more likely result in relief.
2. 14 CFR 399.88 covers "any seller of scheduled air transportation within, to or from the United States" [emphasis added]. This reservation is ostensibly covered by the above regulation per this coverage.
3. In Decision No. 202-C-A-2014, "The Mistake Fare Trilogy", the Canadian Transportation Administration (CTA) adopted the common-law approach of mistake in contract with regards to post-purchase price increases in airfares. This approach is far less consumer friendly than the DOT approach.
4. If I sought relief from the CTA, my claim would probably fail because of the reasoning laid out in Decision No. 202-C-A-2014. However, if my claim proceeded (and was accepted :S) by the DOT, their approach would more likely result in relief.
I still don't think you're going to get the DOT involved. But nothing stops you from trying.
I agree with the Canadian philosophy. A mistake is a mistake. If you signed a restaurant credit card form, added a tip to bring it to $50.00 and forgot the "dot" do you think the restaurant should be allowed to hold you to $5000? Of if your "dot" looked like a "comma" should they get you for $50,000?
Oct 7, 2014, 6:18 am
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Oct 7, 2014, 6:59 am
#12
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The DOT response could be more clear, but the problem is that DOT regulates carriers not opaque third-party vendors. In this case, PD never issued a ticket to/from anywhere, let alone the US. Had PD issued the ticket and then reneged on the fare for an itinerary to/from the US, there would be DOT jurisdiction.
OP's beef is with the opaque vendor and local Canadian consumer authorities who may regulate local Canadian businesses.
OP's beef is with the opaque vendor and local Canadian consumer authorities who may regulate local Canadian businesses.
Oct 7, 2014, 7:41 am
#13
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The DOT response could be more clear, but the problem is that DOT regulates carriers not opaque third-party vendors. In this case, PD never issued a ticket to/from anywhere, let alone the US. Had PD issued the ticket and then reneged on the fare for an itinerary to/from the US, there would be DOT jurisdiction.
OP's beef is with the opaque vendor and local Canadian consumer authorities who may regulate local Canadian businesses.
OP's beef is with the opaque vendor and local Canadian consumer authorities who may regulate local Canadian businesses.
399.88 ostensibly covers any flight purchase that touches the USA. I've done a cursory search of the jurisprudence, and tied with the text of the rule, there doesn't seem to be any truth to the 'eTicket must be issued' myth.