AS sued after arrest over denied boarding
#1
Original Poster
Join Date: Oct 2015
Location: Pacific Wonderland
Programs: ʙᴏɴᴠo̱ʏ Au, IHG Au, HH Dia, Nexus, Pilot FlyingJ Preferred
Posts: 5,336
AS sued after arrest over denied boarding
Alaska sued for denial of boarding, forfeiture of Mileage Plan miles and future flight tickets after lifetime ban.
The interesting part, to me, is the Alaska spokewoman's comments:
1. Must be in the boarding area at T-40? Then why was he issued a boarding pass at the counter at T-35?
2. For IDB compensation, you must be at your gate no later than T-35 according to this.
3. The real kicker is in Alaska's Contract of Carriage:
Rule 15.C:
There are no minimum check-in or boarding times in 15.C, other than for checked luggage and even then it may be accepted at Alaska's discretion. As far as I can tell, those times do not appear anywhere in the CoC, unlike other carriers.
The interesting part, to me, is the Alaska spokewoman's comments:
According to a police report, a gate agent told officers that Freitag had checked in at the front counter 35 minutes before the flight and “was attempting to board” at the gate 11 minutes before departure.
Zaninovich said passengers must be in the boarding area 40 minutes before departure and that agents can’t let any more passengers on board 10 minutes before departure.
Zaninovich said passengers must be in the boarding area 40 minutes before departure and that agents can’t let any more passengers on board 10 minutes before departure.
2. For IDB compensation, you must be at your gate no later than T-35 according to this.
3. The real kicker is in Alaska's Contract of Carriage:
H. Airport Check-In Time Limits. Alaska reserves the right to cancel reservations (whether or not confirmed) and seat assignments, deny boarding and/or refuse the acceptance of Checked Baggage of any Passenger who fails to present himself/herself within the time limits preceding posted departure time of applicable flights as indicated in Section I of this Rule. Note: The time limits provided by Alaska in this Rule are minimum time requirements. Due to federal security screening measures in place at airports, Passenger processing time may differ from airport to airport. See Rule 15.C. It is the Passenger's responsibility to ascertain the departure airport's time requirements for security screening so that they comply with Alaska minimum check-in time limits.
I. Passengers must adhere to the following minimum times, which may be revised by Alaska from time to time:
1. <snipped; ticketing cutoff T-60>
2. Reservations and seat assignments may be canceled if Passenger fails to meet the check in and boarding cut-off times noted in Rule 15.C.
I. Passengers must adhere to the following minimum times, which may be revised by Alaska from time to time:
1. <snipped; ticketing cutoff T-60>
2. Reservations and seat assignments may be canceled if Passenger fails to meet the check in and boarding cut-off times noted in Rule 15.C.
C. Checked and Carry-On Baggage.
<snipped>
1. Minimum Times for Checked Baggage: Alaska may refuse to accept any article of Checked Baggage that has not been presented, checked in, and processed at least forty (40) minutes prior to scheduled departure time. Baggage checked in less than forty (40) minutes prior to a flight’s scheduled departure time may be accepted and Alaska will make reasonable efforts, but cannot guarantee, to transport such Baggage on the Passenger’s flight(s). Alaska will not assume responsibility for delivery charges if such Baggage arrives at the Passenger’s destination on a subsequent flight. Baggage for International Carriage will not be accepted if presented to Alaska and processed with less than sixty (60) minutes prior to scheduled departure.
<snipped>
1. Minimum Times for Checked Baggage: Alaska may refuse to accept any article of Checked Baggage that has not been presented, checked in, and processed at least forty (40) minutes prior to scheduled departure time. Baggage checked in less than forty (40) minutes prior to a flight’s scheduled departure time may be accepted and Alaska will make reasonable efforts, but cannot guarantee, to transport such Baggage on the Passenger’s flight(s). Alaska will not assume responsibility for delivery charges if such Baggage arrives at the Passenger’s destination on a subsequent flight. Baggage for International Carriage will not be accepted if presented to Alaska and processed with less than sixty (60) minutes prior to scheduled departure.
#2
Original Poster
Join Date: Oct 2015
Location: Pacific Wonderland
Programs: ʙᴏɴᴠo̱ʏ Au, IHG Au, HH Dia, Nexus, Pilot FlyingJ Preferred
Posts: 5,336
Oh, boy. Found this elsewhere in the CoC
Rule 14 has to do with Acceptance of Service Animals and there's no Section 14.C. What I think happened is that the CoC got edited (baggage check-in times are in 13.C) and the minimum check-in and gate times weren't added back. Oops.
Baggage was tendered to Alaska by the Passenger in accordance with the minimum check-in times set forth in Section 14.C
#3
Join Date: Dec 2012
Location: YVR, HNL
Programs: AS 75k, UA peon, BA Bronze, AC E50k, Marriott Plat, HH Diamond, Fairmont Plat (RIP)
Posts: 7,832
I find this part of the story interesting:
"Alaska has banned Freitag from flying with the airline, the suit states. Zaninovich said Freitag was previously banned for one year in 2009 "due to similar behavior," but this latest ban is indefinite."
So it seems he has a bit of a history of bad behaviour with AS, and indeed with the same GA as in this incident, according to the claim.
"9. The gate agents informed Officer Flinn that Plaintiff no longer had a ticket to
board his flight. One also told Officer Flinn that she had a negative interaction with Plaintiff in the past."
"Alaska has banned Freitag from flying with the airline, the suit states. Zaninovich said Freitag was previously banned for one year in 2009 "due to similar behavior," but this latest ban is indefinite."
So it seems he has a bit of a history of bad behaviour with AS, and indeed with the same GA as in this incident, according to the claim.
"9. The gate agents informed Officer Flinn that Plaintiff no longer had a ticket to
board his flight. One also told Officer Flinn that she had a negative interaction with Plaintiff in the past."
#6
Original Poster
Join Date: Oct 2015
Location: Pacific Wonderland
Programs: ʙᴏɴᴠo̱ʏ Au, IHG Au, HH Dia, Nexus, Pilot FlyingJ Preferred
Posts: 5,336
Why not? The family that attempted to claim a seat on board got payola from DL. Squeeky wheels have been getting greased lately instead of told to pound sand.
#7
Join Date: Apr 2011
Posts: 3,394
It's always smash cut to a passenger freaking out...what's not shown is how rude/mean/insensitive the airline person was
OR more recently...smash cut to the airline personal behaving badly, never mind the absolutely outrageous behavior the passenger exhibited moments before as the inciting incident.
#8
FlyerTalk Evangelist
Join Date: Dec 2006
Location: Pacific Northwest
Programs: UA Gold 1MM, AS 75k, AA Plat, Bonvoyed Gold, Honors Dia, Hyatt Explorer, IHG Plat, ...
Posts: 16,845
It's always smash cut to a passenger freaking out...what's not shown is how rude/mean/insensitive the airline person was
OR more recently...smash cut to the airline personal behaving badly, never mind the absolutely outrageous behavior the passenger exhibited moments before as the inciting incident.
OR more recently...smash cut to the airline personal behaving badly, never mind the absolutely outrageous behavior the passenger exhibited moments before as the inciting incident.
#9
FlyerTalk Evangelist
Join Date: Dec 2003
Location: STL
Programs: AA 2MM, AS MVP Gold, Hilton Diamond
Posts: 12,966
Interesting that in this case, AS says the passenger had a ticket for First Class. His First Class seat had been given away, but he was offered a coach seat on the same flight and refused it. This entire situation was over his demands that AS remove someone from that First Class seat and make them fly in the coach seat that he refused. The passenger denies that he had a First Class ticket and says that he had a coach ticket, and that he was being denied any seat on the flight. Ticket class should be pretty easy to prove, one way or the other. If I were on the jury, the side that turned out to be wrong on that fact would have a pretty tough time prevailing.
#10
Join Date: May 2003
Location: SFO, mostly
Posts: 2,204
Interesting that in this case, AS says the passenger had a ticket for First Class. His First Class seat had been given away, but he was offered a coach seat on the same flight and refused it. This entire situation was over his demands that AS remove someone from that First Class seat and make them fly in the coach seat that he refused. The passenger denies that he had a First Class ticket and says that he had a coach ticket, and that he was being denied any seat on the flight. Ticket class should be pretty easy to prove, one way or the other. If I were on the jury, the side that turned out to be wrong on that fact would have a pretty tough time prevailing.