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Involuntary Denied Boarding on Baby's First Flight

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Old Sep 24, 2016, 12:05 pm
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From the United Website...

Rule 25 Denied Boarding Compensation

Denied Boarding (U.S.A./Canadian Flight Origin) - When there is an Oversold UA flight that originates in the U.S.A. or Canada, the following provisions apply:
1. Request for Volunteers
a. UA will request Passengers who are willing to relinquish their confirmed reserved space in exchange for compensation in an amount determined by UA (including but not limited to check or an electronic travel certificate). The travel certificate will be valid only for travel on UA or designated Codeshare partners for one year from the date of issue and will have no refund value. If a Passenger is asked to volunteer, UA will not later deny boarding to that Passenger involuntarily unless that Passenger was informed at the time he was asked to volunteer that there was a possibility of being denied boarding involuntarily and of the amount of compensation to which he/she would have been entitled in that event. The request for volunteers and the selection of such person to be denied space will be in a manner determined solely by UA.
2. Boarding Priorities - If a flight is Oversold, no one may be denied boarding against his/her will until UA or other carrier personnel first ask for volunteers who will give up their reservations willingly in exchange for compensation as determined by UA. If there are not enough volunteers, other Passengers may be denied boarding involuntarily in accordance with UA’s boarding priority:
a. Passengers who are Qualified Individuals with Disabilities, unaccompanied minors under the age of 18 years, or minors between the ages of 5 to 15 years who use the unaccompanied minor service, will be the last to be involuntarily denied boarding if it is determined by UA that such denial would constitute a hardship.
b. The priority of all other confirmed passengers may be determined based on a passenger’s fare class, itinerary, status of frequent flyer program membership, and the time in which the passenger presents him/herself for check-in without advanced seat assignment.
3. Transportation for Passengers Denied Boarding - When UA is unable to provide previously confirmed space due to an Oversold flight, UA will provide transportation to such Passengers who have been denied boarding whether voluntarily or involuntarily in accordance with the provisions below.
a. UA will transport the Passenger on its own flight to the Destination without Stopover on its next flight on which space is available at no additional cost to the Passenger, regardless of class of service.
b. If space is available on another Carrier’s flight regardless of class of service, such flights may be used upon United’s sole discretion and the Passenger’s request at no additional cost to the Passenger only if such flight provides an earlier arrival than the UA flight offered in 3) a) above.
4. Compensation for Passengers Denied Boarding Involuntarily
a. For passengers traveling in interstate transportation between points within the United States, subject to the EXCEPTIONS in section d) below, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight at the rate of 200% of the fare to the Passenger’s first Stopover or, if none, Destination, with a maximum of 675 USD if UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than one hour but less than two hours after the planned arrival time of the Passenger’s original flight. If UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than two hours after the planned arrival time of the Passenger’s original flight, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight at the rate of 400% of the fare to the Passenger’s first Stopover or, if none, Destination with a maximum of 1350 USD.
b. For passengers traveling from the United States to a foreign point, subject to the EXCEPTIONS in section d) below, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight originating at a U.S. airport at the rate of 200% of the fare to the Passenger’s first Stopover or, if none, Destination, with a maximum of 675 USD if UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than one hour but less than four hours after the planned arrival time of the Passenger’s original flight. If UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than four hours after the planned arrival time of the Passenger’s original flight, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight at the rate of 400% of the fare to the Passenger’s first Stopover or, if none, Destination with a maximum of 1350 USD.
c. For passengers traveling from Canada to a foreign point, subject to the EXCEPTIONS in section d) below, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight originating at a Canadian airport with a maximum of 200 CAD if UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than one hour but less than four hours after the planned arrival time of the Passenger’s original flight. If UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than four hours after the planned arrival time of the Passenger’s original flight, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight with a maximum of 300 CAD. At the passenger’s request, compensation in the form of check, wire transfer, visa card, or a travel voucher will be made by UA, and if accepted by the Passenger, the Passenger will provide a signed receipt to UA.
d. EXCEPTIONS: A Passenger denied boarding involuntarily from an Oversold Flight shall not be eligible for denied boarding compensation if:
The flight is cancelled;
The Passenger holding a Ticket for confirmed reserved space does not comply fully with the requirements in this Contract of Carriage Requirements regarding ticketing, check-in, reconfirmation procedures, and acceptance for transportation;
The flight for which the Passenger holds confirmed reserved space is unable to accommodate the Passenger because of substitution of equipment of lesser capacity when required by operational or safety reasons or, on an aircraft with a designed passenger capacity of 60 or fewer seats, the flight for which the passenger holds confirmed reserved space is unable to accommodate that passenger due to weight/balance restrictions when required by operational or safety reasons;
The Passenger is offered accommodations or is seated in a section of the aircraft other than that specified on his/her ticket at no extra charge. Provided, if a Passenger is seated in a section for which a lower fare applies, the Passenger will be entitled to a refund applicable to the difference in fares;
The Passenger is accommodated on Alternate Transportation at no extra cost, which at the time such arrangements are made, is planned to arrive at the airport of the Passenger’s next Stopover, (if any), or at the Destination, not later than 60 minutes after the planned arrival time of the flight on which the Passenger held confirmed reserved space;
The Passenger is an employee of UA or of another Carrier or other person traveling without a confirmed reserved space; or
The Passenger does not present him/herself at the loading gate for boarding at least 15 minutes prior to scheduled domestic departures, and 30 minutes prior to scheduled international departures. See Rule 5 D) for additional information regarding boarding cut-off times.
5. Payment Time and Form for Passengers Traveling Between Points within the United States or from the United States to a Foreign Point
a. Compensation in the form of check will be made by UA on the day and at the place where the failure to provide confirmed reserved space occurs, and if accepted by the Passenger, the Passenger will provide a signed receipt to UA. However, when UA has arranged, for the Passenger’s convenience, Alternate Transportation that departs before the compensation to the Passenger under this provision can be prepared and given to the Passenger, the compensation shall be sent by mail or other means to the Passenger within 24 hours thereafter.
b. UA may offer free or reduced rate air transportation in lieu of a check payment due under this Rule, if the value of the transportation credit offered is equal to or greater than the monetary compensation otherwise due and UA informs the Passenger of the amount and that the Passenger may decline the transportation benefit and receive the monetary compensation.
6. Limitation of Liability - If UA’s offer of compensation pursuant to the above provisions is accepted by the Passenger, such payment will constitute full compensation for all actual or anticipatory damages incurred or to be incurred by the Passenger as a result of UA’s failure to provide the Passenger with confirmed reserved space. If UA’s offer of compensation pursuant to the above provisions is not accepted, UA’s liability is limited to actual damages proved not to exceed 1350 USD per Ticketed Passenger as a result of UA’s failure to provide the Passenger with confirmed reserved space. Passenger will be responsible for providing documentation of all actual damages claimed. UA shall not be liable for any punitive, consequential or special damages arising out of or in connection with UA’s failure to provide the Passenger with confirmed reserved space.
[/INDENT]
B. Denied Boarding Non-U.S.A./Canada Flight Origin - Where there is an Oversold UA flight that originates outside the U.S.A. or Canada, no compensation will be provided except where required by local or international laws regulating Oversold flights.
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Involuntary Denied Boarding on Baby's First Flight

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Old Oct 6, 2015, 1:09 pm
  #31  
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Originally Posted by jljones000
The phone agent told my wife that in her system, she could see two open seats together and that she had booked us on the flight, but that because it was so close to the departure time, she was locked out from actually assigning us those two seats. My wife put the telephone on speaker mode and let the telephone agent explain this to the onsite supervisor that we had been trying to work with. The supervisor told the telephone agent that her system was wrong and there are not seats available because the flight is overbooked. The telephone agent told the supervisor she was wrong and that we should be assigned the two available seats. The telephone agent eventually apologized to us that she couldn't override the system and assign us the seats that she knew to be available.
Both agents can be correct - a flight can be overbooked and have open seats on the seatmap. They're two entirely different things.

Originally Posted by jljones000
The PDF boarding passes that we received via the telephone agent were for the second flight. There would have been no need to convert them to paper because they had bar codes that were scanable. They were valid boarding passes, just without seat assignments.
Can you post these "boarding passes" with personal information redacted?
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Old Oct 6, 2015, 1:09 pm
  #32  
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Originally Posted by jljones000
They were valid boarding passes, just without seat assignments.
I've yet to see a BP from UA which does not have a seat assignment. I've seen departure management cards or standby BPs, but not a confirmed one. It sounds like the res agent forced the overbooking for the OP which was theoretically nice but also created more problems. Also, it is not clear that the E35 was overbooked at 37 pax or some lower number for W&B. Either is possible.
Originally Posted by mduell
Can you post these "boarding passes" with personal information redacted?
If you do this keep in mind that the bar code should be obscured/altered as it has lots of personal info in it.
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Old Oct 6, 2015, 1:28 pm
  #33  
 
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By way of explanation and not justification. 1. Memphis is outsourced. Some of the agents are great; a couple are simply not and are rude. 2. Usually there are a couple (if not three) flights out at the same time and there are not enough agents to run all the flights going out. 3. Invariably one or more flights from MEM are delayed or cancelled. 4. Almost all the planes are the 1-2 seat configuration (I don't remember the number; I block that out of my head, it's so painful to fly them). 5. None of the flights from Memphis are actual UA flights; they are all one or another of the regional operations. 6. Almost always the flights are full and frequently overbooked.

UA just doesn't do a good job with operations in MEM. None of this helps the OP. I hope that they get everything they deserve from UA.
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Old Oct 6, 2015, 1:36 pm
  #34  
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Originally Posted by sbm12
I've yet to see a BP from UA which does not have a seat assignment. I've seen departure management cards or standby BPs, but not a confirmed one. It sounds like the res agent forced the overbooking for the OP which was theoretically nice but also created more problems. Also, it is not clear that the E35 was overbooked at 37 pax or some lower number for W&B. Either is possible.

If you do this keep in mind that the bar code should be obscured/altered as it has lots of personal info in it.
Does it really matter whether the OP had real boarding passes or departure management cards? If they were confirmed on the flight (and on time, etc.), they're entitled to IDB compensation. Does UA do IDBs first to people without seat assignments or do they use some other criteria?
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Old Oct 6, 2015, 2:08 pm
  #35  
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Originally Posted by MSPeconomist
Does it really matter whether the OP had real boarding passes or departure management cards? If they were confirmed on the flight (and on time, etc.), they're entitled to IDB compensation. Does UA do IDBs first to people without seat assignments or do they use some other criteria?
Seats are one of the possible criteria:

The priority of all other confirmed passengers may be determined based on a passenger’s fare class, itinerary, status of frequent flyer program membership, and the time in which the passenger presents him/herself for check-in without advanced seat assignment.

Those without seats are relatively easy to DB, since they're still at the gate at the end of boarding.
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Old Oct 6, 2015, 2:11 pm
  #36  
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Originally Posted by mduell
Those without seats are relatively easy to DB, since they're still at the gate at the end of boarding.
And may be less inclined to put up a big fight. As opposed to, "I have a confirmed seat . . . you can't do this to me!!!"
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Old Oct 6, 2015, 2:23 pm
  #37  
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Originally Posted by MSPeconomist
Does it really matter whether the OP had real boarding passes or departure management cards?
Yes, if it was DMCs because they were not confirmed on the flight.
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Old Oct 6, 2015, 2:28 pm
  #38  
 
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Originally Posted by Kacee
And may be less inclined to put up a big fight. As opposed to, "I have a confirmed seat . . . you can't do this to me!!!"
Exactly - UA messed up big time on this one - OP stand your ground - by law they owe you much more than their token "offer" - they did the same to me after an aborted take off in AMS - and I had to fight for months to get proper compensation - so don't give up ....

Last edited by WineCountryUA; Oct 6, 2015 at 2:36 pm Reason: Discuss the issues, not the posters
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Old Oct 6, 2015, 3:07 pm
  #39  
 
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Originally Posted by sbm12
I've yet to see a BP from UA which does not have a seat assignment.
A group traveling with me on last Monday just had several BPs with no seat assigned. They looked just like normal BPs except that the seat assignment was printed as "---".
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Old Oct 6, 2015, 3:16 pm
  #40  
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Originally Posted by sbm12
Yes, if it was DMCs because they were not confirmed on the flight.
I'm certainly assuming that they were at least confirmed on the first flight. For the second flight, a lot depends on exactly what the phone agent said.
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Old Oct 6, 2015, 3:17 pm
  #41  
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Originally Posted by Kacee
And may be less inclined to put up a big fight. As opposed to, "I have a confirmed seat . . . you can't do this to me!!!"
One can be confirmed on a flight and not have a seat assignment.
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Old Oct 6, 2015, 3:41 pm
  #42  
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Originally Posted by sbm12
Yes, if it was DMCs because they were not confirmed on the flight.
Why wouldn't they be confirmed? They had a ticket that they'd paid for. I don't think you can buy standby tickets can you?
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Old Oct 6, 2015, 4:11 pm
  #43  
 
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Originally Posted by MSPeconomist
One can be confirmed on a flight and not have a seat assignment.
This is true because last December, my SFO-PSP was cancelled so I was Stand-by on the later SFO-PSP. My BP showed SBY where the seat is supposed to be displayed. And, I've been a late add on other flights where it showed *** instead of a seat assignment because the computer couldn't auto-assign, so I had to wait until I got to the gate.
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Old Oct 6, 2015, 5:59 pm
  #44  
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The OP complained to the DOT and based on my experience the DOT will get back to the OP very quickly in cases like this ... so will United. Sounds like a horrible experience and I sure how hope UA will have to cough up not only cold hard cash for the OP but will also start seeing some fines from the DOT for violating the rules.
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Old Oct 6, 2015, 6:57 pm
  #45  
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Originally Posted by MSPeconomist
I'm certainly assuming that they were at least confirmed on the first flight.
I agree. This branch of the discussion came about when I suggested that perhaps it was not two IDBs. And I still do not think we really know.

UA likely screwed up at least part of the IDB process. The OP reported it via the proper channels. And a resolution will be forthcoming, most likely one which complies with the DoT rules on the subject. The rest of the conversation here is mostly useless based on that.
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