Old Apr 17, 17, 7:03 am
  #6068  
Howard Long
 
Join Date: Aug 2006
Location: London, SW3
Programs: VS FC Gold, BA EC Gold, Amex Centurion, EK Gold, ex-G-ATVK driver
Posts: 1,244
Originally Posted by fastair View Post
As such, my advice is to not rule out the historical use by both airlines and the DoT, that removal after seated for oversales, DOES fall under the IDB regs.
From the DOT website, IDB can only be invoked after VDB has been offered "At the check-in or boarding area". Far from being denied boarding, the pax has already explicitly been granted boarding, both explicitly by the scanning of his BP by the GA, and by the FA at the 1L door welcoming him aboard.

Now if you want to argue the toss over whether a passenger is "boarded" or not, the CoC will need to specifiy what their interpretation is. The CoC does not choose to impose a specific interpretation on "boarding" so we will need to consider what a reasonable person would understand by "boarding". In the circumstances, it is more than reasonable to consider that the individual has boarded. He has a valid boarding card, and has been explicitly allowed to board the plane by two company representatives at the aircraft entrance, and he has entered the aircraft. He is not causing any safety hazard or being disruptive (until the "cops" turn up with a trumped up justification to deplane him which is not covered by the CoC).

Therefore, IDB in terms of the DOT or CoC does not apply. If they want to remove an individual they will have to incentivise him or her, cancel the flight, substitute an aircraft, make a crew issue such as out-of-time, or hope for a force majeure.

Four DH crew turning up and demanding seats after the pax have boarded is tough for the crew, unless the,pax can be sufficiently incentivised, noting that as this is not IDB (pax are not at check-in nor boarding area) limits do not apply. (As an aside, although DOT IDB does not apply here, the IDB limits are there to limit airline liability in the event of a civil claim, they do not apply during VDB where there are no limits, and the airline is still free to offer in excess of that liability at IDB if they choose to).
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