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Old Jan 26, 2018, 9:05 pm
  #318  
dordal
 
Join Date: Dec 2003
Location: Oakland CA
Programs: DL Gold, AS MVPG, Globalist
Posts: 1,007
Originally Posted by mozilla
I see 2 possible interpretations
I just looked at this more, and I think the thing here is that 'making the reservation' is not the same thing as 'purchasing a reservation' (e.g. ticketing). Making a reservation does not bind you to the CoC, but in your analysis you're assuming it does. This is supported both by the language on the final confirmation page for FareLock:

Purchase of FareLock means you understand and agree to all of the program ​rules. If you choose to purchase this reservation, you understand and agree to all of the fare rules​ associated with this non-refundable ticket, United’s dangerous goods policy, and the terms and conditions in​ United's Contract of Carriage​, and the collection, processing and transfer of your information to the United States for handling in accordance with our privacy policy.

and in the CoC itself, which says at the very top

By purchasing a ticket or accepting transportation, the passenger agrees to be bound by these controlling terms of this Contract of Carriage, and no covenants at law or in equity shall be implied or incorporated.

In the case of FareLock, you're not accepting transportation, and you're not purchasing a ticket. Therefore, you meet neither of the conditions for which the CoC would apply, and thus section 5H is moot. The only thing that does apply is the UA terms of service and the FareLock terms and conditions, which doesn't prohibit multiple FareLocks on conflicting flights.

FWIW, interesting discussion. I'd be very curious to see what United lawyers say, and if they try to defend the cancellation of multiple overlapping reservations when none have been ticketed. Pretty sure they'd be in the wrong if they tried, although (as KosherKimchee says) I have trouble getting worked up over $8.99. @KosherKimchee hopefully you'll report back on what customer service says, and if they deny it, hopefully you'll file a DOT complaint so we can get an official response from somebody in United Legal.

P.S. Does anybody know of any other US airlines that have FareLock type systems? Very curious to see what they their terms say. AFAIK though, DL, AA, AS and WN don't do this.
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