FlyerTalk Forums - View Single Post - Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}
Old Apr 13, 2017, 5:24 am
  #4563  
east_west
 
Join Date: Jan 2017
Posts: 352
Originally Posted by raehl311
It doesn't matter.


People are claiming, "He was already on the plane, so it can't be an IDB!"
Or, "It was only flight crew, so the flight wasn't oversold!"

First, even if they are right, if it's not an IDB situation, then that just means instead of being due IDB compensation for not being allowed to fly the flight, he's due... NO compensation!

Remember, before IDB regs, which only apply in specific situations, if an airline decided they didn't have space for you to fly, you got... nothing! Later flight or refund, your choice.

Second, those people are wrong.

DoT could not possibly intend that an airline can avoid IDB compensation by letting the passenger board THEN throwing him off the flight, claiming, "We didn't deny him boarding, we just didn't let him fly!" If you are NOT on the plane when it departs, you were denied boarding, regardless of whether you were ever temporarily on the plane.

...
It's not just random FT posters claiming it is not an IDB. Legal experts have opined with this exact opinion in far more detail than any of the posts I have read here.
http://lawnewz.com/high-profile/unit...ing-passenger/

I'd welcome seeing a rebutting opinion to this article. CoC is a contract and contract law matters are resolved by the court system.
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