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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 12, 2015, 12:24 am
  #2236  
 
Join Date: Jun 2014
Location: Berlin
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Posts: 9
Is it possible to report this to DOT if I'm not from US? Is there a chance that this works? There is no possibility to enter a country on that form http://www.dot.gov/airconsumer/air-t...t-comment-form
sailingthoms is offline  
Old Feb 12, 2015, 12:29 am
  #2237  
 
Join Date: Jun 2014
Posts: 33
Originally Posted by ITryToFly
What document did you upload? The e-ticket receipt or just confirmation of your flight?
E-ticket receipt, which clearly states that the reservation has been ticketed.
constituo is offline  
Old Feb 12, 2015, 12:31 am
  #2238  
 
Join Date: Apr 2014
Posts: 156
Originally Posted by constituo
E-ticket receipt, which clearly states that the reservation has been ticketed.
But won't the GBP/DKK exchange rate show that something was not correct?
ITryToFly is offline  
Old Feb 12, 2015, 12:37 am
  #2239  
 
Join Date: Dec 2014
Posts: 215
I suggest that all those who plan on filing a complaint, make a screenshot of a pending charge in online banking while that charge is still visible. If United canceled transactions, those pending charges will be COMPLETELY gone very soon (as if never happened).
jktraveler is offline  
Old Feb 12, 2015, 12:38 am
  #2240  
 
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Originally Posted by iahphx

While I'd like a nearly-free European biz class trip for my family as much as the next guy, I can sufficiently detach myself from the emotions to know that's not what the law should require.
Which is to say you overslept....
hobo13 is offline  
Old Feb 12, 2015, 12:41 am
  #2241  
 
Join Date: Feb 2015
Posts: 4
More details of how to claim under Section 75 for those who paid by UK credit card. This legislation makes the credit card provider equally liable if a supplier fails to deliver goods or services paid for by credit card. You can put your complaint directly to your credit card issuer. In particular:

"Can you claim for associated costs?
Section 75 does allow you to claim for "consequential losses" which are caused from the original problem, so if you have to pay out for unexpected travel or hotel costs for example you can try to claim."

http://www.money.co.uk/article/10034...-purchases.htm
Dj_hydrocarbon is offline  
Old Feb 12, 2015, 12:44 am
  #2242  
 
Join Date: Jan 2014
Posts: 1,265
Originally Posted by sailingthoms
Is it possible to report this to DOT if I'm not from US? Is there a chance that this works? There is no possibility to enter a country on that form http://www.dot.gov/airconsumer/air-t...t-comment-form
Choose "other" for the box "state" and then you will be able to fill in whichever country you like, even Denmark .
Epicura is offline  
Old Feb 12, 2015, 12:46 am
  #2243  
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Originally Posted by Epicura
EU complaint could become very interesting. Not too many case law available and EU consumer protection law in general seems to be far more restrictive than USA law and best practices.
For the (famous) EC261/2004 regulations to apply, you need a ticket.

If the airline has cancelled your ticket then in Europe you are down to arguing in court about your contract. In general you'd need to convince the court that you bought the ticket unaware of it being priced in error: you might find this bit difficult
IAN-UK is offline  
Old Feb 12, 2015, 12:49 am
  #2244  
 
Join Date: Nov 2008
Location: LHR
Programs: Ex-NWA Plat
Posts: 1,480
Originally Posted by hobo13
Which is to say you overslept....
gottaluvNW is offline  
Old Feb 12, 2015, 12:50 am
  #2245  
 
Join Date: Jan 2014
Location: TYO
Programs: AP 75k
Posts: 137
Originally Posted by stephem
Time to dust off those DOT complaints from the Etihad fare, it was only a short period of uncertainty after they attempted to cancel that we got confirmation that the would largely honor as ticketed.

I may be missing something, but this one is largely indistinguishable from the EY fare, albiet a slightly better deal for an inferior F product.
The DOT rule is crystal clear http://www.gpo.gov/fdsys/pkg/CFR-201...-sec399-88.xml

We sure enjoyed our 14+ hours in EY's F suites ;-)

Link to online complaint form http://www.dot.gov/airconsumer/air-t...t-comment-form
I don't think Etihad actually tried to cancel their tickets, only tried to remove ancillary services (miles, lounge access, chaffeur) and the ability to change the date so they handled it better than UA in that regard.
chocobill is offline  
Old Feb 12, 2015, 12:54 am
  #2246  
 
Join Date: Sep 2013
Posts: 21
Although not hugely relevant legally at this point, perusing the United Airlines Contract of Carriage, in no way is the purchase of tickets in this way prohibited.

The prohibited practices are: Hidden cities ticketing, using a return for a one-way, doing back to back returns to get around fare restrictions, or failure to comply with stayover requirements.

In addition country of payment definition doesn't require the person to live there, only the place where the payment is accepted.
Xayma is offline  
Old Feb 12, 2015, 12:55 am
  #2247  
 
Join Date: Feb 2014
Programs: Star Alliance Gold, AS MVP
Posts: 990
What happens if I accidentally submitted two DOT complaints for one ticket?
Granite64 is offline  
Old Feb 12, 2015, 12:58 am
  #2248  
 
Join Date: Nov 2014
Posts: 261
How long does it take to hear the outcome of a dot submission?
Oliveredmunds is offline  
Old Feb 12, 2015, 1:06 am
  #2249  
 
Join Date: Mar 2003
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Posts: 5,525
All of mine canceled as well, but I'm going to try another tactic. My travel was within 72 hours, ticketed, and then United canceled after ticketing. Seems EU compensation rules would apply for flights canceled inside 14 days of departure...
ironmanjt is offline  
Old Feb 12, 2015, 1:08 am
  #2250  
scr
 
Join Date: Dec 2011
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Originally Posted by ITryToFly
But won't the GBP/DKK exchange rate show that something was not correct?
That's what I'm thinking too
scr is offline  


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