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[PREM FARE GONE] UA: NCL-EWR 600 DKK (mistaken fare) DOT ruled; see wiki for link

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Old Feb 11, 2015, 11:49 am
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Last edit by: drewguy
If you've never gone through this process read this before posting!
Note: Please consider that with high probability, United is monitoring this thread, so please pay attention on what you post!

DOT Investigation UpdatesNews Media Updates:

-------

According to USA Today, Ben Mutzabaugh:
United is voiding the bookings of several thousand individuals who were attempting to take advantage of an error a third-party software provider made when it applied an incorrect currency exchange rate, despite United having properly filed its fares. Most of these bookings were for travel originating in the United Kingdom, and the level of bookings made with Danish Kroner as the local currency was significantly higher than normal during the limited period that customers made these bookings.
Note that United has also accidentally cancelled "legitimate" tickets paid for in USD, purchased in USD from LHR... Please check your other tickets if purchased today to ensure they were not unilaterally cancelled.

However, there is no chance at all that you can have your tickets re-instated if you complain to DOT on the basis of DOT rule § 399.88:
§ 399.88 Prohibition on post-purchase price increase.

(a) It is an unfair and deceptive practice within the meaning of 49 U.S.C. 41712 for any seller of scheduled air transportation within, to or from the United States, or of a tour (i.e., a combination of air transportation and ground or cruise accommodations), or tour component (e.g., a hotel stay) that includes scheduled air transportation within, to or from the United States, to increase the price of that air transportation, tour or tour component to a consumer, including but not limited to an increase in the price of the seat, an increase in the price for the carriage of passenger baggage, or an increase in an applicable fuel surcharge, after the air transportation has been purchased by the consumer, except in the case of an increase in a government-imposed tax or fee. A purchase is deemed to have occurred when the full amount agreed upon has been paid by the consumer.
Form for filing DOT complaint. File complaint as soon as your ticket is cancelled.

Link to PDF of enforcement bodies for European customers affected. File complaint as soon as your ticket is cancelled.


Tips for DOT Complaint:
  • File on DOT for every ticket number affected.
  • If you have one reservation with four people traveling (four tickets) file 4 DOT complaints, one per ticket.
  • If you have separate reservations, file a DOT complaint for each.
  • The DOT complaint website may take several minutes to load, depending on demand.
  • When you go to upload a file, be careful as it will reset all your radio buttons. So, if you want a copy of the complaint, make sure you double check that "Yes" is still selected before submitting, especially if you upload a file.

Template For Complaint:
United has unilaterally cancelled my ticket without my consent.

Facts:
1. The ticket was ticketed (had a ticket number).
2. I received a confirmation number, ticket number, and emails stating both
3. The ticket was paid for and my credit card charged.

United must reinstate the ticket within its original cabin. This trip is for travel TO the United States.

At no time during the booking process was any other fare than the Danish Krone equivalent displayed. As a reasonable, prudent consumer, I believed I was paying the price displayed to me on the website. United never sent or displayed the equivalent fare in any other currency.

Trip Details
Ticket #: 016XXXXXXXXXX
PNR: XXXXXX
Routing: LHR-EWR-LAX-HNL

Attachments: Attached is a document showing the ticket, routing, and providing proof that the reservation was ticketed.

Filename: Cancelled - UA Reservation - LHR-EWR-LAX-HNL - XXXXXX - 016XXXXXXXXXX.pdf

+-------------------------------------------------------+
| Relevant Law |
| http://www.law.cornell.edu/cfr/text/14/399.88 |
+-------------------------------------------------------+
§ 399.88 Prohibition on post-purchase price increase.

(a) It is an unfair and deceptive practice within the meaning of 49 U.S.C. 41712 for any seller of scheduled air transportation within, to or from the United States, or of a tour (i.e., a combination of air transportation and ground or cruise accommodations), or tour component (e.g., a hotel stay) that includes scheduled air transportation within, to or from the United States, to increase the price of that air transportation, tour or tour component to a consumer, including but not limited to an increase in the price of the seat, an increase in the price for the carriage of passenger baggage, or an increase in an applicable fuel surcharge, after the air transportation has been purchased by the consumer, except in the case of an increase in a government-imposed tax or fee. A purchase is deemed to have occurred when the full amount agreed upon has been paid by the consumer.

+-------------------------------------------------------+
| Relevant FAQ |
| http://airconsumer.ost.dot.gov/rules/EAPP_2_FAQ.pdf |
+-------------------------------------------------------+
Does the prohibition on post-purchase price increases in section 399.88(a) apply in the situation where a carrier mistakenly offers an airfare due to a computer problem or human error and a consumer purchases the ticket at that fare before the carrier is able to fix the mistake?

Section 399.88(a) states that it is an unfair and deceptive practice for any seller of scheduled air transportation within, to, or from the United States, or of a tour or tour component that includes scheduled air transportation within, to, or from the United States, to increase the price of that air transportation to a consumer after the air transportation has been purchased by the consumer, except in the case of a government-imposed tax or fee and only if the passenger is advised of a possible increase before purchasing a ticket. A purchase occurs when the full amount agreed upon has been paid by the consumer. Therefore, if a consumer purchases a fare and that consumer receives confirmation (such as a confirmation email and/or the purchase appears on their credit card statement or online account summary) of their purchase, then the seller of air transportation cannot increase the price of that air transportation to that consumer, even when the fare is a “mistake.”
-----
Tips for retrieving your ticket number:
  1. paste(right click copy link location first) following link into your web browser
  2. change XXXXXX next to COPNR= for your reservation number and LASTNAME next to LN= for you SURNAME
  3. go to the webpage address you have just created

https://www.united.com/web/en-US/app...NRCD=2/11/2015


Originally Posted by MatthewLAX
Originally Posted by MatthewLAX View Post
R E L A X

Breathe deep.

Congrats on all who got in.

Now comes the fun part.

1. Discovery - mistake fare is posted on FT. Novices frantically checks how much vacation time they have and if the dates of availability mesh with their schedules. Experienced FTers just book it and worry about contacting spouses or their boss later. Word spreads like wildfire.

2. Excitement - Tickets purchased, confirmation emails received and dates of travel shared with other FTers. Discussions of what to see and do and where to stay crop up in other threads. Novices contact source to change seats or inquire about upgrades, Seasoned FTers sit back and enjoy reading the discussion threads.

3. Stress Stage 1 - Concern over paper ticket delivery - Novices Frantically check otheFedEx website every few hours, constant monitoring of driveway for FedEx truck. Seasoned FT veterans sit back and relax.

4. Glee and happiness - Paper tickets in hand, vacation request submitted, spouses finally informed, hotel reservations made and bragging to friends and co-workers begins. Both novices and experts get very excited.

5. Stress Stage 2 - Rumors of fare not being honored, discussion threads about the airline and ticketing agency ensue. Rumors crop up like crabgrass at this stage. Many FTers begin to worry excessively about whether or not the trip will happen. Novices make non-refundable and financial committments to their trip. Seasoned FTers make mixed drinks (and maybe a sandwich) and is patient.

6. Reality Check - Accurate information is obtained - usually takes place a week to 10 days after mistake fare is published. Confirmed information from the source as to whether or not tickets will be honored.

7a. Pure Joy (Icelandair style- Fare is Honored) - Lots of happy people, FT threads on shared information regarding hotels, restaurants, tours, etc. Jealousy from others sets in. First "FT guinea pigs" embark, post confirmation threads that all is ok.


7b Hostile Feelings (Copa Airlines Style - fare is not honored) - Many angry and disappointed FTers. Refunds are issued. Novices have multiple discussion threads of lawsuits and hostile correspondence, FT pros mutter "c'est la vie" and look for the next fare mistake.

8a Success (Honored) - Trip Report thread becomes very active


Freedom of Information Act Request
File #2015-147, Office of the Secretary of Transportation - Receipt acknowledged 3/13/15

http://www.dot.gov/individuals/foia/office-secretary-foia-information

Relevant excerpt from my request on 2/24/15. There no need for multiple requests for the same thing, though feel free to request more or different information obviously. I'll post any updates as I get them.

"Under the Freedom of Information Act, 5 U.S. C. subsection 552, I am requesting access to any and all records of correspondence, including electronic, between anyone working for, or on the behalf of, United Airlines and its subsidiaries, and with anyone working for, or on the behalf of, the Department of Transportation; specifically this would include only the date range beginning on February 11th, 2015 through and including February 24th, 2015.

In addition, I am requesting access to any and all internal records and correspondence in relation to coming to the decision made on February 23rd, 2015 regarding the Office of Aviation Enforcement and Proceedings Determination Regarding United Airlines Mistaken Fare, with the exception of any of the consumer submitted complaints via phone, email, website, or letter. Specifically, this would be any records beginning on February 11th, 2015 through and including February 24th, 2015."
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[PREM FARE GONE] UA: NCL-EWR 600 DKK (mistaken fare) DOT ruled; see wiki for link

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Old Feb 11, 2015, 4:54 pm
  #1786  
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It seems like UA should be going after that 3rd-party currency converter, and not their customers. Then again, this IS UA, where its the pax who are overentitled.

Those who are actually in Denmark and had their tickets canceled...they will have a great cause of action.
IceTrojan is offline  
Old Feb 11, 2015, 4:55 pm
  #1787  
 
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Originally Posted by bittihuduga
Is DoT applicable for flights without ticket number? I just have a confirmation code.
Originally Posted by thexfactor
Not to open a can of worms here, but I fail to see how someone who has received confirmation, but is not yet ticketed cannot avail themselves of the DOT regs...

Does the prohibition on post-purchase price increases in section 399.88(a) apply in the situation where a carrier mistakenly offers an airfare due to a computer problem or human error and a consumer purchases the ticket at that fare before the carrier is able to fix the mistake?

Section 399.88(a) states that it is an unfair and deceptive practice for any seller of scheduled air transportation within, to, or from the United States, or of a tour or tour component that includes scheduled air transportation within, to, or from the United States, to increase the price of that air transportation to a consumer after the air transportation has been purchased by the consumer, except in the case of a government-imposed tax or fee and only if the passenger is advised of a possible increase before purchasing a ticket. A purchase occurs when the full amount agreed upon has been paid by the consumer. Therefore, if a consumer purchases a fare and that consumer receives confirmation (such as a confirmation email and/or the purchase appears on their credit card statement or online account summary) of their purchase, then the seller of air transportation cannot increase the price of that air transportation to that consumer, even when the fare is a “mistake.”
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Old Feb 11, 2015, 4:56 pm
  #1788  
 
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Originally Posted by bittihuduga
Is DoT applicable for flights without ticket number? I just have a confirmation code.
No.
lewende is offline  
Old Feb 11, 2015, 4:56 pm
  #1789  
 
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Perhaps we file a class action suit for all those with their ticket numbers, a lawsuit getting us each $3 after fees
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Old Feb 11, 2015, 4:57 pm
  #1790  
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Originally Posted by bismark
trolling
No. It is Trolling is different.
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Old Feb 11, 2015, 4:57 pm
  #1791  
 
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Just filed a DOT complaint for one of my cancelled flights. Will do so for the others also.
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Old Feb 11, 2015, 4:57 pm
  #1792  
 
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I think UA will eventually issue refunds to the credit cards after all ticket cancellations are done.
The phrase about applying the money used to purchase the cancelled ticket to another future booking (which made people think UA is not going to issue refunds) is just a generic automated response..
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Old Feb 11, 2015, 4:58 pm
  #1793  
 
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All three cancelled.

No apology from UA...instead an assignation that customers were trying to defraud them. Meanwhile they are refusing to issue full refunds for tickets they never planned to honour.

Who's defrauding whom, UA?

I've gone from amused to slightly disappointed to angry. What a POS company.
SCSA is offline  
Old Feb 11, 2015, 4:58 pm
  #1794  
 
Join Date: Jun 2013
Posts: 36
Originally Posted by jkuk22
Is it worth somebody familiar with the DOT regulations/word savvy to create some sort of "form letter" to input in the DOT form where they request "Description of Problem/Inquiry/Comment:"
^ Agreed... if someone with some legal expertise can assist in composing the appropriate information to paste into the description field, that would be great.
kingdomchris is offline  
Old Feb 11, 2015, 4:58 pm
  #1795  
 
Join Date: Mar 2001
Posts: 522
Does this count for EU 261? The 14 day cancellation clause seems to apply to cases where the flight you booked has been cancelled and you are being re-routed, not when ticket has been cancelled. Seems a bit of a grey area to me...but you/others may know better?
EU 261 also applies to a flight that is operating but you are denied boarding. There can be many reasons for this including overbooking, operational mistake mistake by the airline, etc.
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Old Feb 11, 2015, 4:58 pm
  #1796  
 
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Originally Posted by HansGolden
People amaze me as well. You win some, you lose some, you give up on some you already won.

Unfortunately for me, United hasn't canceled my bookings yet! I'm chomping at the bit here; number of DOT complaints goes on United's stats. They richly deserve this one, knowing the law, flouting it, and hoping that most are not aware of their rights.
I'm relieved that United is going the route of canceling the tickets.
I doubt a DOT complaint has much chance for someone knowingly booking a mistake fare (especially in the case that you misrepresent your country and the billing country)
But I'm sure UA will refund your money.
The DOT regulations are there for legitimate purpose, to avoid real abuses by the airlines. The DOT has better things to do than spend their time on this nonsense, do you really have to waste taxpayer money now on DOT complaints? What are you hoping to get out of that?
augias84 is offline  
Old Feb 11, 2015, 4:59 pm
  #1797  
 
Join Date: Feb 2015
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Just a note, I called united to ask why my ticket was cancelled.

They informed me it was a system error and they would not honor my fare.
They said an e-mail was being sent out later today as to why my ticket was cancelled.

Agent stated my ticket was voided and that the money will never clear my CC.
Jayda James M Long is offline  
Old Feb 11, 2015, 4:59 pm
  #1798  
 
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already mentioned - slow posting...
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Old Feb 11, 2015, 4:59 pm
  #1799  
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So UA cancels the bookings without canceling all the tickets? Deliberate?
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Old Feb 11, 2015, 5:00 pm
  #1800  
 
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Originally Posted by mbwmbw
Complaints filed. Did you file a complaint for each ticket? Or just one complaint for them all?
Two separate ones with separate attachments for each complaint (I had purchased two tickets.)
USAJerry is offline  


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