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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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Last edit by: Global321
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 7, 2015, 9:05 am
  #61  
 
Join Date: Sep 2009
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Originally Posted by sbm12
The DoT rarely fines airlines for individual incidents related to overbookings or other customer service issues. Patterns are what get airlines in trouble. A single tarmac delay or safety incident, on the other hand...
You could be right.

But this is not about the overbooking or customer service. It is a requirement to be given your rights in writing. DOT does not take kindly to airlines ignoring the regs.

Maybe UA has a bunch of violations already. Maybe they were just warned about this. I don't know.
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Old Oct 7, 2015, 9:19 am
  #62  
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Originally Posted by 110pgl
You could be right.
Well, I think I am.

Originally Posted by 110pgl
But this is not about the overbooking or customer service. It is a requirement to be given your rights in writing. DOT does not take kindly to airlines ignoring the regs.
There have been a number of DoT fines issued in the past for Overbooking issues. None of them have been for a single incident. I'm basing my thoughts here on prior behavior from the Department.
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Old Oct 7, 2015, 9:24 am
  #63  
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Originally Posted by 110pgl
I think there are some issues here that do not really make sense... they fall in the possible, but not probable category.... I think OP got confused on confirmed and standby for at least the second flight.

1. Did OP really have seat assignments or were they requested but never confirmed.

2. Did OP demand seats together and refuse to board without it?

3. Would an agent really confirm OP on a second oversold flight vs. putting them on a standby list? Doubtful, but maybe.

OP learned some tough lessons here...
1. We had seat assignments. We have an email confirming our seat assignments on the date the tickets were booked and our 24 hour check-in email also references the seat assignment. As and FYI, I am definitely not the type of frequent flyer that most of you guys/gals are; however, my wife and I usually fly around 5 times a year and we are not a couple of rubes.

2. No. Neither one of us was ever offered to board either flight. We did explain that we wanted to be seated together pursuant to our confirmed seat assignment and we expected to hear something along the lines of "you can both board, but we can't promise seats together" or "One of you can board, but not the other," but neither of these offers were made. We were just denied, with the only real explanation being that both flights were oversold and because we didn't have seat numbers on our boarding passes, they couldn't let us on.

3. The title of the email from United which contained the boarding passes for the second flight was entitled "Boarding Passes for confirmation [our confirm#]. Again, I've seen many boarding passes before. These were normal boarding passes only with "see gate agent" printed where the seat number should have been.

As far as lessons learned, we learned until United overhauls their operations in Memphis, we will not be flying with them again.
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Old Oct 7, 2015, 9:40 am
  #64  
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The MEM manager's conversation confirms to me exactly what has been said all along and we can put to bed all of the oddball hypotheticals.

The Manager has acknowledged the IDB issue and somehow came up with compensation of $370 based on a fare of $185 for one person (second flight scheduled to arrive within 2 hours of delay = 200% of cost). That is some progress and gets away from DMC's and other irrelevancies.

It also suggests the following formula which OP can calculate himself for purposes of a further callback from UA.

1. Determine cost of first segment for each ticket (could be different). It's printed on his e-ticket receipt and UA can tell him over the phone without discussing the IDB.
2. Second flight was scheduled to arrive at IAH within 2 hours of first, thus compensation is cost of each segment x 2.
3. Second flight IDB appears not to have a rebook offer. UA may argue that its next flight was available and that is not unreasonable. Because these were rebooked zero-fare tickets, DOT rules would value them at the lowest cost of any ticket for sale at the time of the rebook. That may be hefty as it is essentially walk-up. UA could legitimately argue that the value is the same as the first segment.
4. Take the value of #3, multiply each segment cost by 4 (400%) and cap at $1,300.
5. Add IDB #1 + IDB #2.

IDB #1 is most likely approx. $740
IDB #2 is most likely approx. $2,600 (depending on next available to IAH)

Total is thus approx. $3,340 in cash equivalent, not UA credits (unless OP wants it that way). In addition, the UA tickets ought to be refunded to the original form of payment as OP apparently chose not to travel.

I don't think that stationing a DL-type supervisor (Red Coat) is particularly helpful or necessary. This is back office calculation stuff. All it would have taken is a MEM supervisor calling UA's help line with the PNR and letting a UA clerical person go to work on the calculations.

This thing sounds as if it is on the way to being fixed.
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Old Oct 7, 2015, 9:49 am
  #65  
 
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Originally Posted by jljones000
1. We had seat assignments. We have an email confirming our seat assignments on the date the tickets were booked and our 24 hour check-in email also references the seat assignment. As and FYI, I am definitely not the type of frequent flyer that most of you guys/gals are; however, my wife and I usually fly around 5 times a year and we are not a couple of rubes.

2. No. Neither one of us was ever offered to board either flight. We did explain that we wanted to be seated together pursuant to our confirmed seat assignment and we expected to hear something along the lines of "you can both board, but we can't promise seats together" or "One of you can board, but not the other," but neither of these offers were made. We were just denied, with the only real explanation being that both flights were oversold and because we didn't have seat numbers on our boarding passes, they couldn't let us on.

3. The title of the email from United which contained the boarding passes for the second flight was entitled "Boarding Passes for confirmation [our confirm#]. Again, I've seen many boarding passes before. These were normal boarding passes only with "see gate agent" printed where the seat number should have been.

As far as lessons learned, we learned until United overhauls their operations in Memphis, we will not be flying with them again.
Thanks for the response.

1. With the email you are locked for denied boarding for the first flight. So there you should be all set.

2. Again, this backs up your first statement. So you are good to go.

3. Print it out (please). You want a hard copy. But, if these were boarding passes, I think you are locked on the second flight as well for denied boarding.

The good news - if there is any - is you will be in for some serious cash from UA. I would suggest that you do not settle for anything less than the full amount due under denied boarding for each flight. DOT will help with this because they will contact UA directly.

As others have suggested, keep your correspondence short. I would not mention the lap baby or wanting to sit together, as these are irrelevant to the denied boarding and add unneeded complexity. After you get all your denied boarding, I would send a letter to UA management and detail (briefly) what happened and how you were treated. You may or may not get additional compensation (miles or certs) but it may act as therapy for your crappy experience.

Finally, I apologize if I was too tough on you to begin with... too often we get these stories that seem too bad to be true and we never here from the OP again. You have stuck with this thread and provided good clarifications verifying how the events unfolded. Props to you.

I hope you have gotten good advice from the FT community on this topic. Good luck and please keep us updated!
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Old Oct 7, 2015, 9:58 am
  #66  
 
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Originally Posted by jljones000
I also asked her if she could at least explain how United came up with $370. She said that, while Memphis staff has no control over the comp offer, it looked like the offer was based on 200% of one MEM to IAH ticket. I asked why they had used that formula and she said that it was because they were able to provide us with a flight that arrived within two hours of our originally scheduled flight.
Very nice. I think that answers Seth's question of whether this was 1 or 2 IDBs. It appears to be 1 IDB where they were able to confirm you on another flight within 2 hours, and a second IDB where they were unable to reschedule you and you had to make your own arrangements. So going forward, I would be working on the assumption that you are owed 200% of the ticket value for the first IDB ($370 per person) plus 400% of the second ticket cost - I assume that would be $740 per person if they did an even exchange for the original ticket. Plus of course you should get a full refund of the original ticket price.

So by my math that would be $1110 per person in IDB comp, plus a refund of the original ticket prices. FWIW, I would personally try to get over it and ask for $4000 in United vouchers with no expiry date (or at least more than the normal 1-year expiry date), but I can understand not wanting to deal with UA again if Memphis is your primary airport and this is typical for the staff there.

Just out of curiosity, how much did you pay for each round-trip ticket?
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Old Oct 7, 2015, 10:12 am
  #67  
 
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Originally Posted by janetdoe
Very nice. I think that answers Seth's question of whether this was 1 or 2 IDBs. It appears to be 1 IDB where they were able to confirm you on another flight within 2 hours, and a second IDB where they were unable to reschedule you and you had to make your own arrangements. So going forward, I would be working on the assumption that you are owed 200% of the ticket value for the first IDB ($370 per person) plus 400% of the second ticket cost - I assume that would be $740 per person if they did an even exchange for the original ticket. Plus of course you should get a full refund of the original ticket price.

So by my math that would be $1110 per person in IDB comp, plus a refund of the original ticket prices. FWIW, I would personally try to get over it and ask for $4000 in United vouchers with no expiry date (or at least more than the normal 1-year expiry date), but I can understand not wanting to deal with UA again if Memphis is your primary airport and this is typical for the staff there.

Just out of curiosity, how much did you pay for each round-trip ticket?
I am not sure about the math for the first IDB. Is the rule that the airline confirms you on a flight that is scheduled too get to the destination within 2 hours of the original, or that they actually get you there in that time? If the latter, then it sounds like both IDB's would be of the higher value type.

And I agree about asking for more in the form of certs if you ever want to fly UA again.
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Old Oct 7, 2015, 10:49 am
  #68  
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Originally Posted by Soccerdad1995
I am not sure about the math for the first IDB. Is the rule that the airline confirms you on a flight that is scheduled too get to the destination within 2 hours of the original, or that they actually get you there in that time? If the latter, then it sounds like both IDB's would be of the higher value type.

And I agree about asking for more in the form of certs if you ever want to fly UA again.
The DOT rule is scheduled arrival. If that later flight is delayed that has nothing to do with IDB and the purposes of the rule. Thus, the first IDB here is 200% of the segment value up to $1,300.
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Old Oct 7, 2015, 11:16 am
  #69  
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Originally Posted by Often1
3. Second flight IDB appears not to have a rebook offer. UA may argue that its next flight was available and that is not unreasonable. Because these were rebooked zero-fare tickets, DOT rules would value them at the lowest cost of any ticket for sale at the time of the rebook. That may be hefty as it is essentially walk-up.
I don't know if a rebooking counts as a zero-fare ticket, but this is entirely wrong for zero fare tickets. Zero-fare tickets IDB compensation is based on the lowest fare in the same class of service paid by anyone on the flight, not the walk-up fare:

14 CFR 250.5 - Amount of denied boarding compensation for passengers denied boarding involuntarily.
...
(d) The requirements of this section apply to passengers with “zero fare tickets.” The fare paid by these passengers for purposes of calculating denied boarding compensation shall be the lowest cash, check, or credit card payment charged for a ticket in the same class of service on that flight.


Originally Posted by Often1
The DOT rule is scheduled arrival. If that later flight is delayed that has nothing to do with IDB and the purposes of the rule. Thus, the first IDB here is 200% of the segment value up to $1,300.
Again that is not what the regulation says. 1-2 hours is 200% up to $650 per person, not $1300!

14 CFR 250.5 Amount of denied boarding compensation for passengers denied boarding involuntarily.
(a) Subject to the exceptions provided in § 250.6, a carrier to whom this part applies as described in § 250.2 shall pay compensation in interstate air transportation to passengers who are denied boarding involuntarily from an oversold flight as follows:
...
(2) Compensation shall be 200% of the fare to the passenger's destination or first stopover, with a maximum of $650, if the carrier offers alternate transportation that, at the time the arrangement is made, is planned to arrive at the airport of the passenger's first stopover, or if none, the airport of the passenger's final destination more than one hour but less than two hours after the planned arrival time of the passenger's original flight; and
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Old Oct 7, 2015, 11:26 am
  #70  
 
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Originally Posted by mduell
Again that is not what the regulation says. 1-2 hours is 200% up to $650 per person, not $1300!

14 CFR 250.5 Amount of denied boarding compensation for passengers denied boarding involuntarily.
(a) Subject to the exceptions provided in § 250.6, a carrier to whom this part applies as described in § 250.2 shall pay compensation in interstate air transportation to passengers who are denied boarding involuntarily from an oversold flight as follows:
...
(2) Compensation shall be 200% of the fare to the passenger's destination or first stopover, with a maximum of $650, if the carrier offers alternate transportation that, at the time the arrangement is made, is planned to arrive at the airport of the passenger's first stopover, or if none, the airport of the passenger's final destination more than one hour but less than two hours after the planned arrival time of the passenger's original flight; and
I guess the million dollar question here is the meaning of the phrase "offers alternate transportation". Does a rebooking onto an overbooked flight meet this criteria (especially when the passenger is then IDB'd from that rebooked flight)?
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Old Oct 7, 2015, 11:44 am
  #71  
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Originally Posted by Often1
I don't think that stationing a DL-type supervisor (Red Coat) is particularly helpful or necessary. This is back office calculation stuff. All it would have taken is a MEM supervisor calling UA's help line with the PNR and letting a UA clerical person go to work on the calculations.

This thing sounds as if it is on the way to being fixed.
I was thinking not about this incident alone but as others have commented that MEM is a weak outstation. A DL redcoat type may help over a few weeks/months.
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Old Oct 7, 2015, 3:04 pm
  #72  
 
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Originally Posted by mduell
I don't know if a rebooking counts as a zero-fare ticket, but this is entirely wrong for zero fare tickets. Zero-fare tickets IDB compensation is based on the lowest fare in the same class of service paid by anyone on the flight, not the walk-up fare...
In theory, is the baby confirmed on the flight as a zero-fare?

Could OP claim three?

Just a thought.
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Old Oct 7, 2015, 3:38 pm
  #73  
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Originally Posted by 110pgl
In theory, is the baby confirmed on the flight as a zero-fare?
I do not believe infant-in-arms is considered a ticketed passenger in this context.
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Old Oct 7, 2015, 3:46 pm
  #74  
 
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Originally Posted by 110pgl
In theory, is the baby confirmed on the flight as a zero-fare?

Could OP claim three?

Just a thought.
Lap child is not a ticketed passenger, just a notation in one passenger's PNR, kind of like needing a wheelchair.
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Old Oct 7, 2015, 4:48 pm
  #75  
 
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Originally Posted by sbm12
I do not believe infant-in-arms is considered a ticketed passenger in this context.
Originally Posted by fly18725
Lap child is not a ticketed passenger, just a notation in one passenger's PNR, kind of like needing a wheelchair.
Got it. Just floating a (wrong) idea to try to help OP.
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