Feb 11, 2015, 11:49 am
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 Updates
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According to USA Today, Ben Mutzabaugh:
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:
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:
Template For Complaint:
-----
Tips for retrieving your ticket number:
https://www.united.com/web/en-US/app...NRCD=2/11/2015
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."
Note: Please consider that with high probability, United is monitoring this thread, so please pay attention on what you post!
DOT Investigation Updates
- 02/23/15: DOT says UA does not have to honor the fare; link to DOT's full explanation (pdf)
- 02/12/15: DOT Statement
- 02/12/15: fox news mentions DOT investigation and mention update by 5:00 pm ET -- posted by xSTRIKEx6864
- 02/12/15: Fox news clip -- posted by FlyingLasse
- 02/12/15: Another clip on fox news interviewing the pointsguy -- posted by FlyingLasse
- 02/12/15: Person in charge at the dot is Alex Taday (don't bombard him with email - or we will all regret it) -- posted by sonofzeus
- 02/12/15: Fox News update: UA honoring fares will depends on complaints made at the DOT.... -- posted by synd
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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.
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.
(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.
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.”
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:
- paste(right click copy link location first) following link into your web browser
- change XXXXXX next to COPNR= for your reservation number and LASTNAME next to LN= for you SURNAME
- 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
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."
[PREM FARE GONE] UA: NCL-EWR 600 DKK (mistaken fare) DOT ruled; see wiki for link
Feb 11, 2015, 6:16 pm
#1951
Join Date: May 2005
Location: NYC
Posts: 1,755
Feb 11, 2015, 6:16 pm
#1952
Join Date: Mar 2014
Location: Austin
Posts: 6
Yes, both of my itineraries state the lack of segments after previously showing confirmed and ticketed.
Feb 11, 2015, 6:16 pm
#1954
FlyerTalk Evangelist
Join Date: Mar 2000
Posts: 17,405
Well, isn't the main difference here in the type of the product you pay for. With airline tickets if I purchase a ticket for 320 days in advance, what is then stopping the airline from cancelling my ticket after 300 days when it determines I should pay more for those tickets or if I don't, someone else will?
p.s. Yes 320 / 300 days would be covered by your 3-7 days suggestion, the same could apply to purchasing tickets for travel in 5 days, only to have the airline cancel them 2 days before travel because it seems a lot of people are looking at that flight, or the flight is already overbooked!
p.s. Yes 320 / 300 days would be covered by your 3-7 days suggestion, the same could apply to purchasing tickets for travel in 5 days, only to have the airline cancel them 2 days before travel because it seems a lot of people are looking at that flight, or the flight is already overbooked!
But, obviously, a "last minute" exception can be carved out. The current rule is wrong. It's stupid and unfair to airlines, and does not reflect common consumer protection law. I'm sure some folks who want their "free" tickets will disagree with me, but I think this point isn't reasonably debatable. The rule will ultimately be changed. We'll see if this is the incident that changes it.
Feb 11, 2015, 6:17 pm
#1955
FlyerTalk Evangelist
Join Date: May 2006
Location: DTW, but drive to/from YYZ/ORD
Programs: Chase Ultimate Rewards 2MM, Diner Club points
Posts: 31,895
Feb 11, 2015, 6:17 pm
#1956
Join Date: Feb 2012
Location: Los Angeles, CA
Programs: DL DM, UA 1K, AA EXP, US G, SPG P, HH D, MR G, NEXUS/GE, DL AMEX Reserve
Posts: 2,035
Feb 11, 2015, 6:17 pm
#1957
Join Date: Jan 2015
Location: YYZ
Programs: Aeroplan
Posts: 171
Feb 11, 2015, 6:19 pm
#1961
Join Date: Feb 1999
Location: Sunny Southern California!
Programs: Equal Opportunity Mileage Junkie
Posts: 48
Filed my DOT as well. I've got some time before my planned trip later in 2015.
Feb 11, 2015, 6:19 pm
#1962
Join Date: Jan 2015
Location: YYZ
Programs: Aeroplan
Posts: 171
Feb 11, 2015, 6:19 pm
#1963
Join Date: Nov 2010
Location: Atlanta, GA / San Francisco, CA
Programs: BA Gold, TK Elite Plus
Posts: 1,150
Yeah, people could quibble about reasonable notice. Logic would suggest it should be less time for "imminent" travel -- basically, don't cancel somebody's ticket at the last minute. That's the point I was making above.
But, obviously, a "last minute" exception can be carved out. The current rule is wrong. It's stupid and unfair to airlines, and does not reflect common consumer protection law. I'm sure some folks who want their "free" tickets will disagree with me, but I think this point isn't reasonably debatable. The rule will ultimately be changed. We'll see if this is the incident that changes it.
But, obviously, a "last minute" exception can be carved out. The current rule is wrong. It's stupid and unfair to airlines, and does not reflect common consumer protection law. I'm sure some folks who want their "free" tickets will disagree with me, but I think this point isn't reasonably debatable. The rule will ultimately be changed. We'll see if this is the incident that changes it.
I agree with you though, this is an interesting case, where they will interpret about the extent of "price mistake". The wording right now says that there is no such limit, but I think they will come up with something soon.
Feb 11, 2015, 6:19 pm
#1964
Join Date: Nov 2006
Programs: D SM, AA A, SPG, HH, MR
Posts: 93
