United is correct about not needing to provide compensation.
http://airconsumer.dot.gov/publications/flyrights.htm
Under the "Involuntary bumping" section
In addition, on flights using aircraft with 30 through 60 passenger seats, compensation is not required if you were bumped due to safety-related aircraft weight or balance constraints.
Note the phrase "safety-related weight or balance" part of the above.
If the Involuntary Denied Boarding was due to overbooking (or anything other than safety-related weight or balance" the minimum aircraft size is reduced to 30 seats.
The rules do not apply to charter flights, or to scheduled flights operated with planes that hold fewer than 30 passengers.
Therefore, in order to qualify for the DOT specified compensation, the OP needs to be able to prove that the IDB was NOT due to ""safety-related weight or balance." And, the OP would be compensated as follows:
* If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
* If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to your one-way fare to your final destination, with a $400 maximum.
* If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (200% of your fare, $800 maximum).
With respect to not asking for volunteers, United is not required to ask for volunteers UNLESS the flight is OVERSOLD. In this case United is saying that the IDB is due to "safety-related weight and balance," not an oversell. Therefore, United is not required to ask for volunteers.
Refer to the section on Voluntary bumping:
At the check-in or boarding area, airline employees will look for volunteers when it appears that the flight has been oversold.
Sorry to hear about the OP's troubles. At least the Gate Agent offered the travel credit vouchers. They're not even required to give those.
Originally Posted by
flyaway101
I reviewed the DOT PART 250 OVERSALES. Then, sent a second email to UA
that they can't be selective in enforcing DOT rules. The rules state that
i) volunteers be asked first, yet they did not; ii) cash compensation be
offered as an option yet they initially did not. Finally, I do not believe
the DOT '60 or fewer seat rule' gives them blanket rights to reject denied
boarding compensation if the weight/balance restriction was reached w/o
following due processes - such as seeking volunteers etc. (I suggested a bit more generous with the compensation and offered couple of
specific ideas such as $400 voucher/person or free ticket voucher for
continental/Canada!)
Do I have any options or they are correct on some technicality of the '60 or fewer seat rule' despite not following some of the processes noted in previous para?
I would suggest that you write your Senator and/or Representative to indicate that the DOT rules needs to be clarified as you indicate.