Old Apr 16, 17, 5:54 pm
  #6014  
sw3
Used to be 'etrevino'
 
Join Date: Feb 2014
Location: MTY
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Posts: 134
Originally Posted by LHR/MEL/Europe FF View Post
The current situation was neither force majeure or unforeseen circumstances.

Those two provisions are not carte blanche for the airline to take any action at any time for any reason. If they were, the contracts would be completely unenforceable and could be cancelled at will by either the passenger or the airline... essentially making all tickets fully refundable.
It is not any reason, they must show that the reason was sufficient to justify the decision, thus UA must show a detailed timeline of events that demonstrates that the reason to need the crew happened last-minute and not before boarding had started, or that if it happened before boarding started, that they started working on it (looking for available crew and options to reposition them) immediately but came to a final decision after boarding had already started or finished. They can't just deplane or cancel a reservation "just because" but also a contract can't list every possible thing that can happen so there must be wide-ranging language such as "other", "any point", "including but not limited to", etc. Should it be discovered that they could have put the crew in well before boarding then UA would certainly be at fault, but from flightstats data for the relevant flights it doesn't look to be the case at all.
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