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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, 7:42 pm
  #2086  
 
Join Date: Aug 2004
Location: SAT
Programs: AA EXP BA Gold, TK Gold, Hyatt Globalist, Hilton Diamond, AS 100K, QR PLT, SAS Gold, IHG Spire, AMR
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Originally Posted by dera
Has anyone complained to United before filing with DOT?

I have to wonder about your posts. They are so out of touch with this reality that is mind boggling...

just take your last comment...

Call UA... you will end up talking to a customer service rep or maybe a supervisor. They have been given very clear instructions and ZERO leeway. They may not even be able to give you a reason for the cancellation. Calling UA will not do ANYTHING at all, unless you can call Smisek and get him to give you a freebie. If you have that kind of cloud you don't need to book bargain fares.

So what did you think COULD happen if you call UA?
Deltahater is offline  
Old Feb 11, 2015, 7:42 pm
  #2087  
 
Join Date: Oct 2012
Location: Tæt på Dyrehaven
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Posts: 301
Originally Posted by Epicura
I can not keep up with the speed of this fast going thread, but one of my reservations shows as

! 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.

Any one else? My other reservation shows exactly as many others "your reservation has been cancelled".

I also notice that everybody is turning to DoT but I will certainly file a EU complaint. And Jeff can expect a parliamentary question about this one!
Same on one of mine. Haven't decided yet whether to file DoT or EU complaint. Maybe both? Why do you prefer EU complaint?
Travel4Love is offline  
Old Feb 11, 2015, 7:43 pm
  #2088  
 
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Programs: BA Gold, TK Elite Plus
Posts: 1,150
The can of worms DOT has to open is to decide, when a fare is a mistake, and what is abusive.
dera is offline  
Old Feb 11, 2015, 7:44 pm
  #2089  
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Posts: 17,425
Originally Posted by dera
I'm insulted if they say my single simple LHR-EWR-LHR in business class booking that I made in Copenhagen using my US DKK account is considered abusive.

I understand if someone has 52 flights booked that it will be considered abusive, or if you have 15 random legs in LX and LH F, but a single trip that I actually have to take anyway (and have documents to prove it), that is not abusive.
It is not "abusive" to buy 1000 mistake fares. That's what the moralists can't understand. There is nothing morally wrong with trying to buy something from a website.

On the otherhand, the folks who insist that UA is "evil" for not honoring these mistake fares are worse than the moralists, IMO.
iahphx is offline  
Old Feb 11, 2015, 7:45 pm
  #2090  
 
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This thread is SO MUCH FUN. It's annoying that we won't know for a few days what happens, but hoping I know by this weekend to possibly book my positioning flight.
Tblack15 is offline  
Old Feb 11, 2015, 7:45 pm
  #2091  
 
Join Date: Nov 2010
Location: Atlanta, GA / San Francisco, CA
Programs: BA Gold, TK Elite Plus
Posts: 1,150
Originally Posted by Deltahater
I have to wonder about your posts. They are so out of touch with this reality that is mind boggling...

just take your last comment...

Call UA... you will end up talking to a customer service rep or maybe a supervisor. They have been given very clear instructions and ZERO leeway. They may not even be able to give you a reason for the cancellation. Calling UA will not do ANYTHING at all, unless you can call Smisek and get him to give you a freebie. If you have that kind of cloud you don't need to book bargain fares.

So what did you think COULD happen if you call UA?
My complaint would be registered and no action taken, of course. But it is the process a customer who booked the flight in good faith would do, is it not?

If you have a complaint about a service, do you sue them first before talking to the provider?
dera is offline  
Old Feb 11, 2015, 7:45 pm
  #2092  
 
Join Date: Jan 2014
Location: BOS
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maybe this will be the final nail for Jeff.
alo53 is offline  
Old Feb 11, 2015, 7:45 pm
  #2093  
 
Join Date: Aug 2004
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Posts: 5,898
Originally Posted by dera

The rest who want to fly, let them. They'll prob buy enough booze on board to pay for the minimal losses. That way you keep your face because you did "honor" the fare, and avoid a possibility of losing the DOT argument which can be very costly.

You don't pay for booze in J
Deltahater is offline  
Old Feb 11, 2015, 7:48 pm
  #2094  
 
Join Date: Nov 2010
Location: Atlanta, GA / San Francisco, CA
Programs: BA Gold, TK Elite Plus
Posts: 1,150
Originally Posted by iahphx
It is not "abusive" to buy 1000 mistake fares. That's what the moralists can't understand. There is nothing morally wrong with trying to buy something from a website.

On the otherhand, the folks who insist that UA is "evil" for not honoring these mistake fares are worse than the moralists, IMO.
I think it could be considered abusive atleast in the DOT sense, if someone buys 52 return trips using a fare that can be considered an error.

I don't feel I'm entitled to the mistake fare, but I do enjoy playing the game with them
If I fly I fly, if I don't, well, I fly someone else in this case

I believe I have a strong good-faith argument, that is why I'll play this hand and see what happens.
dera is offline  
Old Feb 11, 2015, 7:49 pm
  #2095  
 
Join Date: Nov 2010
Location: Atlanta, GA / San Francisco, CA
Programs: BA Gold, TK Elite Plus
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Originally Posted by Deltahater
You don't pay for booze in J
Read again. Those pax who would be flying in that scenario would be downgraded to Y.
dera is offline  
Old Feb 11, 2015, 7:50 pm
  #2096  
 
Join Date: Jan 2014
Posts: 1,265
Originally Posted by iahphx

No, that's not how consumer protection law works. The shop isn't required to sell that product for $1. That's why the DOT rules are dumb and, probably, illegal. And why they themselves are shying away from them. Read the Gary Leff blog links and you will understand the situation.
I'm very sorry but that is exactly how EU consumer protection law works. There are many cases in which a seller was forced to honor the price as promised/advertised. I'm not a US qualified lawyer, neither is DoT my field of expertise, but I do know something about EU law.
Epicura is offline  
Old Feb 11, 2015, 7:51 pm
  #2097  
 
Join Date: Jul 2011
Location: Sao Paulo, Brazil
Posts: 312
http://en.wikipedia.org/wiki/Flight_...ion_Regulation

For those who booked and ticketed at T-14
pvdecastro is offline  
Old Feb 11, 2015, 7:54 pm
  #2098  
 
Join Date: Oct 2014
Posts: 19
Originally Posted by Tblack15
This thread is SO MUCH FUN. It's annoying that we won't know for a few days what happens, but hoping I know by this weekend to possibly book my positioning flight.
Is your reservation still showing? Or has it been cancelled?
burgetka is offline  
Old Feb 11, 2015, 7:55 pm
  #2099  
 
Join Date: Aug 2004
Location: SAT
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Posts: 5,898
Originally Posted by iahphx
I am sorry you think I have no idea what I am talking about.

But if you thought about it some more, you might realize that "fining" is the same thing as making the airlines honor the tickets.

Just like the Federal gov't can't make states adopt a 21 drinking age. But they can take away all their Federal highway funds if they don't. Same thing. No?
are you kidding me?
A judge has no power to make you return the bottle of 1811 Chateau d'Yquem you stole from me. But he can order you to pay restituation for $117,000 and fine you on top of it.
Two completely different things.
Deltahater is offline  
Old Feb 11, 2015, 7:56 pm
  #2100  
 
Join Date: Jan 2014
Posts: 1,265
Originally Posted by Tblack15
This thread is SO MUCH FUN. It's annoying that we won't know for a few days what happens, but hoping I know by this weekend to possibly book my positioning flight.


And btw, to some one already a few pages ago (fast moving thread, I will not even bother to look up the posting in order to quote properly): buddy, not the entire EU went to sleep 3 hours ago. I'm WIDE awake .

Altough could be related to a jetlag. Let's hope UA will cause another one at the end of the day .
Epicura is offline  


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