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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
FlyerTalk Forums Expert How-Tos and Guides
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, 6:26 pm
  #1981  
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Filed my DOT forms. All mine were cancelled. Let's see what happens
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Old Feb 11, 2015, 6:27 pm
  #1982  
 
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Originally Posted by Irelandflyer
Yep, along with the DOT link too. Would be great to get as many people as possible sorted.
By trending Unitedsucks, file a complain with DOT, what are you trying to achieve? Are you planning to fire Jeff $misek, make United go bankrupt or UAL to lose money or something else?
Karlson is offline  
Old Feb 11, 2015, 6:27 pm
  #1983  
 
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Anyone's bookings still intact?
thexfactor is offline  
Old Feb 11, 2015, 6:28 pm
  #1984  
 
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Someone else asked about this, but the thread is moving so fast that I don't remember where it was.

My itinerary page (which previously showed a standard cancellation notice) now shows the following:

! Your itinerary cannot be retrieved, since there are no flight segments. Only itineraries with flight segments can be added to your Profile. If you require assistance, please contact United Reservations.
Flight was ticketed and confirmed.
Anegada is offline  
Old Feb 11, 2015, 6:30 pm
  #1985  
 
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Originally Posted by Irelandflyer
If you live in the EU there should be a European Union Consumer Advice Centre near you. But no harm to fill out the DOT complaint too, it won't take long.
Thank you. I don't live in the EU -- I live in the US. I'm just working on an epic honeymoon and my first flight is a WOW $99 flight to LON. So I booked the next leg of it from there to South Africa with this sale as that's where I was planning on going next anyway, just hadn't booked anything yet. So I had no need to go through the US. Any recourse for a US citizen with no US-based stop? I'll file the DOT complaint, too -- as you said, it can't hurt.
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Old Feb 11, 2015, 6:31 pm
  #1986  
 
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Im curious if anyone has reached out and gotten a response from UA in regards to they're logic for not violating the DoT regs.
moka is offline  
Old Feb 11, 2015, 6:31 pm
  #1987  
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Originally Posted by jaw_24
Man, the dot.gov site is SLOW tonight!
Lots of Drupal java errors too...
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Old Feb 11, 2015, 6:31 pm
  #1988  
 
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3 DOT Compaints Filed.

The system is slow, but it thinks for a while and then the information comes up on screen. Same when you press submit....It thinks for a while, then submits.
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Old Feb 11, 2015, 6:33 pm
  #1989  
 
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Originally Posted by Anegada
Someone else asked about this, but the thread is moving so fast that I don't remember where it was.

My itinerary page (which previously showed a standard cancellation notice) now shows the following:



Flight was ticketed and confirmed.
Same for me.
Rusdude is offline  
Old Feb 11, 2015, 6:34 pm
  #1990  
 
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To make sure I do this right....I booked through United.com, but my flights were on LH metal. Do I file the DOT complaint against UA or LH?
Parachute07 is offline  
Old Feb 11, 2015, 6:35 pm
  #1991  
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Originally Posted by Karlson
Thats what I am thinking too. I am 100% sure United contacted with lawyers all day long to figure out what to do, and I guess they are not afraid of DOT.
Whether they're "afraid" of the DOT or not, they have little to lose. I guessed earlier today that we're talking about $10 million here. If you're UA, why eat this if there's a reasonable chance you won't have to.

And if you don't like the Reg, and want to get rid of it, this is a great test case for an airline. The facts will never be better for an airline. The mistake (apparently) wasn't even UA's fault. They are truly a victim here. The fare was clearly a mistake (less than even the gov't departure tax): EVERYONE knew this -- heck, they were gaming it by using the Danish website. No one who bought these tickets is a victim of deceptive marketing practices. Arguing that you "deserve" your ticket here is more than a little rich.

So we'll see what happens. It will certainly be interesting.
iahphx is offline  
Old Feb 11, 2015, 6:35 pm
  #1992  
 
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Originally Posted by Steve P.
I want my (not so free) trip! I booked London-Tokyo in Global First for just a little over $1500. While I am sure that is a discount based on the full fare price, certainly it's not $60.

Filed my DOT as well. I've got some time before my planned trip later in 2015.
This is interesting, why were these other fares cheap but not extremely cheap like lhr-lax? If it was just a currency conversion problem, then London-Tokyo would have had to have had a wildly high price to start with, but 10 or 15x lhr-north america is hard to believe (quick look on united shows 3x). What am I missing?

Last edited by yhm71; Feb 11, 2015 at 6:38 pm Reason: spelling
yhm71 is offline  
Old Feb 11, 2015, 6:36 pm
  #1993  
 
Join Date: Jan 2014
Posts: 1,265
Originally Posted by Anegada
Someone else asked about this, but the thread is moving so fast that I don't remember where it was.

My itinerary page (which previously showed a standard cancellation notice) now shows the following:



Flight was ticketed and confirmed.
I think it was me. This indeed seems to be the proces; first showing a cancellation and then afterwards changed to a "vanished" booking. Both my reservations show now as non-existent.

FYI: perhaps also make a copy of this.

I could be wrong but I'm waiting to file a DoT complaint. UA has not notified me about any changing so how would I know in good faith they have cancelled? I'm going to wait for the 24 h window to pass through.
Epicura is offline  
Old Feb 11, 2015, 6:36 pm
  #1994  
 
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Originally Posted by Parachute07
To make sure I do this right....I booked through United.com, but my flights were on LH metal. Do I file the DOT complaint against UA or LH?
I wonder if a flight against both would cause the partner airlines to pressure UA?
Willbur is offline  
Old Feb 11, 2015, 6:37 pm
  #1995  
 
Join Date: Dec 2013
Posts: 179
The DOT rules were made to protect consumers. not for mistake fares to be taken advantage of. If everyone keeps on filing complaints to the DOT all that is going to happen is:

1. The DOT is going to get annoyed and
2. DOT is going to change rules and even less extreme 'normal' mistake fares will not be honored. e.g. something like $350 r/t nyc-lhr in Y. and airlines will have even more freedom/leverage in terms of cancelling fares

It is obviously a mistake and filing a DOT will eventually cause more harm esp. in the long run.
ktkw is offline  


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