Flight Change Back to Original Flight - after $550 in Change fees - What to do?
#91
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I think the OP clearly has a good case for a refund of change fees. It's not a delay, but rather an outright cancellation. I agree that from the credit card agreement that these are distinct transactions. Forget this contract of carriage nonsense. The customer used a credit card to incur a charge for a particular service (changing her flight). This service was not provided. The charge should be reversed.
Think about this: What if Best Buy had a conditions of purchase contract that stated they are not responsible for any damaged items delivered to a customer. The customer orders a TV online and receives a TV that doesn't work. Just because it's in such a contract of adhesion does not mean it's enforceable. No credit card issuer would force someone to pay for a broken TV. Let's be reasonable here folks.
Think about this: What if Best Buy had a conditions of purchase contract that stated they are not responsible for any damaged items delivered to a customer. The customer orders a TV online and receives a TV that doesn't work. Just because it's in such a contract of adhesion does not mean it's enforceable. No credit card issuer would force someone to pay for a broken TV. Let's be reasonable here folks.
#93
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I'm really surprised at the number of people in this thread who were so quick to say "sorry, the OPs friend is screwed". I don't know a single business traveler who wouldn't contest the change fee charge and just accept that as a reasonable outcome. It would be like paying for a buy-up to first and then not getting a refund when you were downgraded. She incurred a second expense to be moved to an earlier flight which she was bumped off of.
That doesn't mean UA won't attempt to blame weather or something for the cancellation and therefore refuse the refund, but if this were me I'd spend a few weeks contesting it via United CS and my business AMEX. I'd venture to say that most everyone here would -- even those who are quick to dismiss the situation as intractable.
That doesn't mean UA won't attempt to blame weather or something for the cancellation and therefore refuse the refund, but if this were me I'd spend a few weeks contesting it via United CS and my business AMEX. I'd venture to say that most everyone here would -- even those who are quick to dismiss the situation as intractable.
#94
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I think the OP clearly has a good case for a refund of change fees. It's not a delay, but rather an outright cancellation. I agree that from the credit card agreement that these are distinct transactions. Forget this contract of carriage nonsense. The customer used a credit card to incur a charge for a particular service (changing her flight). This service was not provided. The charge should be reversed.
The change was made. It doesn't mean no further changes would ever be made.
#95
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I ended up paying nearly 2X for a UA ticket on a change fee + upfare several years ago. Last leg went mechanical , nearly 6 hour delay pushed return nearly 3am plus drive time home. Original flight arrived on time. There were no other carriers available. So CofC was in default, but nothing I could really do to get the $ back. I got some compensation of course, so it ended up taking some of the pain away and felt like they met me half-way. I would go for down the compensation route, it costs nothing to ask.
#96
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I'm really surprised at the number of people in this thread who were so quick to say "sorry, the OPs friend is screwed". I don't know a single business traveler who wouldn't contest the change fee charge and just accept that as a reasonable outcome. It would be like paying for a buy-up to first and then not getting a refund when you were downgraded. She incurred a second expense to be moved to an earlier flight which she was bumped off of.
That doesn't mean UA won't attempt to blame weather or something for the cancellation and therefore refuse the refund, but if this were me I'd spend a few weeks contesting it via United CS and my business AMEX. I'd venture to say that most everyone here would -- even those who are quick to dismiss the situation as intractable.
That doesn't mean UA won't attempt to blame weather or something for the cancellation and therefore refuse the refund, but if this were me I'd spend a few weeks contesting it via United CS and my business AMEX. I'd venture to say that most everyone here would -- even those who are quick to dismiss the situation as intractable.
#97
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A basic given in the Contract of Carriage is that schedules are not guaranteed. Paying a change fee does not magically change this provision. It is completely different from buying up to first and not getting it. Completely. The distraction here is that she ended up on her original flight. It's beside the point. Most people understand that we they buy an non-refundable fare they are going to be subject to non-refundable change fees if they need to make a change to a flight. It's a given that irrops may affect those changes at times. The basic problem is that the flight chosen was cutting it way too close to make the meeting and did not take into account that delays are a fact of life. If she had changed to a flight the day before the meeting, taken a delay but still made the meeting, we would not be having this discussion. Bottom line, she made a risky bet that she would not encounter any delays and lost. That does not entitle one to a refund.
#98
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OP, just call the credit card company. They will most likely side with you. Even if you get attacked by FTers who say that the CoC is printed in gold, CC consumer protections are not real, and that customers who don't just "shut up and take it" are the source of all evil, etc., etc.
#99
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While UA may offer a goodwill refund or other compensation, there is no question that they don't have to. The following situation is demonstration, enough.
In OP's situation, what if the earlier flight had not be cancelled, but simply was delayed because of technical reasons or a late-arriving aircraft -- and the result was it did not depart until the original flight was scheduled to depart. The OP would not have arrived any earlier than their original ticket specified. Would s/he be given a refund for the change fee. Not on your life.
So hope for the best, but don't expect that you are entitled to it.
A few weeks ago, I paid a higher fare to take an earlier flight on US to avoid the risk of being late into MIA. My connecting flight in CLT was delayed, and I watched the "later" flight board while waiting for mine. I don't think anyone would argue that I was due a refund of the difference.
So hope for the best, but don't expect that you are entitled to it.
#100
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OP, just call the credit card company. They will most likely side with you. Even if you get attacked by FTers who say that the CoC is printed in gold, CC consumer protections are not real, and that customers who don't just "shut up and take it" are the source of all evil, etc., etc.
It's no different from any other passenger on that flight, who might've paid a price premium for that flight versus the other one. No compensation will come to them either.
#101
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#102
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#103
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"Entitle" is not strictly the question here, because she's not suing the credit card company in court to demand that they reverse the transaction. Rather, the suggestion was that she ask them to do so. One of the most relevant aspects of the credit card agreement is that the bank can decide whether or not to perform a chargeback; it's not at the sole discretion of the vendor. The credit card contract/agreement therefore enables the credit card company to chargeback a transaction even when the vendor disagrees. Of course, UA could always sue the bank to try to get their money back, but they would be the ones who would have to then make their case in court. And that seems an unlikely outcome.
#104
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"Entitle" is not strictly the question here, because she's not suing the credit card company in court to demand that they reverse the transaction. Rather, the suggestion was that she ask them to do so. One of the most relevant aspects of the credit card agreement is that the bank can decide whether or not to perform a chargeback; it's not at the sole discretion of the vendor. The credit card contract/agreement therefore enables the credit card company to chargeback a transaction even when the vendor disagrees. Of course, UA could always sue the bank to try to get their money back, but they would be the ones who would have to then make their case in court. And that seems an unlikely outcome.