Originally Posted by
Kacee
This discussion is occurring in the specific context of OP being told that by a phone agent that OAL rebooking "cannot" be done despite availability on the OAL, and the general context of UA increasingly refusing OAL rebookings. So while I (mostly) agree with you in theory, it's pretty clear that in practice the days of UA freely agreeing to rebook on OAL are long gone.
Note also that UA does not in fact owe an obligation to transport. It can comply with the CoC by simply refunding the ticket.
Contractually they do owe an obligation to transport, it is how it is remedied when they fail to transport (irrops) is what we are discussing.
rule 24 E(3)If a Passenger is not transported as provided in E) 2) above, the Passenger will be eligible for a refund upon request. See Rule 27 A
This means that in E(2) UA first offers its own flights, OAL, and possibly ground transportation. then if not transported, there is a refund.
There would be no refund if there was not a contractual obligation to transport, the refund is a remedy for not satisfying its contractual obligation.