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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 12, 2015, 1:11 am
  #2251  
 
Join Date: Feb 2014
Posts: 20
Originally Posted by ironmanjt
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...
I was also scheduled to depart within 14 days.

Unlike DOT complaints, there doesn't appear to be an online form for an "EU 261" request.

So I presume we contact the airline and, failing to get the itineraries reinstated, ask them for compensation under EU261 directly? If they refuse, THEN lodge a complaint through a small claims court?
chilipadican1350 is offline  
Old Feb 12, 2015, 1:12 am
  #2252  
 
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Originally Posted by ironmanjt
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...
It won't apply as your flight is not canceled - your ticket is.
jms_uk is offline  
Old Feb 12, 2015, 1:13 am
  #2253  
 
Join Date: May 2009
Location: SIN (with a bit of ZRH sprinkled in)
Posts: 9,451
New to the DOT world.

One complaint per ticket?

Is there a webform I shall use, or an email address? What exactly do I attach?

Given this will be kind of a "serial letter", I want do it right on the first try
YuropFlyer is offline  
Old Feb 12, 2015, 1:15 am
  #2254  
 
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Just use the Wiki above.
gabenga is offline  
Old Feb 12, 2015, 1:16 am
  #2255  
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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.
The DOT tends to have "gone native" with regard to those whom they are to regulate. Just because that is so, it doesn't mean DOT won't fine the airline and fine them a substantial amount and force collection.

What UA is doing with regard to these bookings is to try to convince the majority to surrender their right to fly on these ticketed bookings. It's a commercial/civilian version of a psy-ops campaign to demoralize the valid ticket holders who bought these tickets priced in DKK.

Originally Posted by Tchiowa
The error was from a currency conversion provided by a third party for the Danish Kroner. You had to change your country to Denmark and book on that site. Other controls (like the CC) caught it.

United has announced that they will not honor any of the bookings. Not their error.
United hasn't announced that. United has announced something else that indicates it will/has voided many thousand of these bookings. That is very distinct from announcing it will not honor any ticketed bookings bought in DKK on its website yesterday.

Originally Posted by kenadams
One thing I do not understand: if the mistake was caused by a third party, why choose not to honor the tickets? Can't they just honor the tickets, avoid pissing off thousands of travelers (while taking a reputational hit and putting a huge effort in to deal with all customer complaints), and sue the third party vendor for the damages?
The client of the vendor/supplier (of a good or service) may have a responsibility to engage in loss-mitigation measures, and one such measure may be to try to shake people down so fewer people fly on these validly booked tickets.

Originally Posted by Deltahater
You are missing a few points:
UA is passing the buck and blaming a 3rd party. Not right
UA is accusing the customers of "taking advantage ....
UA, at least on the surface is violating DOT rules
UA is canceling tickets first and then informs the passenger
UA is not apologizing or doing anything to make this any better

The only thing they did right was make a (wrong) decision quickly
Indeed, I agree with the above quote.

Originally Posted by dera
A lawyer should know blaming an unnamed subcontractor for their mistake flies like a Penguin in court.
Indeed, but in a PR campaign meant to shake down consumers and convince consumers they don't have valid tickets -- even as the consumers do -- the PR/legal team putting up all the smoke and mirrors may still fly like an eagle that makes the scared bunnies run away from the eagle despite having a safe hole in the ground into which the eagle's head will get stuck long enough for a mountain lion to have the bird as a food treat.
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Old Feb 12, 2015, 1:17 am
  #2256  
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All the complaints to DOT, EU, etc. are doomed. UA made it clear that it was a bug in a third party software (currency exchange rates) thus not their fault. The cancelled everything. I can't see any way they will be held liable.

If you want to go after someone, go after the third party software owner.

Or you can all quit trying to profit from what was clearly an unintentional error.
Tchiowa is offline  
Old Feb 12, 2015, 1:19 am
  #2257  
 
Join Date: Nov 2014
Programs: Eurobonus
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Originally Posted by scr
That's what I'm thinking too
But should this really matter? These details only became available AFTER completing the reservation, and by now it is hardly a surprise that this is the cause of the fare paid.

In my view it would be different if you - when making the booking - saw a ticket price of 10 000 GBP but were only charged 100 DKK. Or am I missing something?
juvejonas is offline  
Old Feb 12, 2015, 1:20 am
  #2258  
 
Join Date: Sep 2013
Posts: 21
Originally Posted by ITryToFly
But won't the GBP/DKK exchange rate show that something was not correct?
That shouldn't matter, the ticket prices were always advertised in DKK, I, and presumably most others had no clue what they would be in GBP before I purchased the ticket.
They can do the conversion at any rate they want as long as the total price is advertised (notice the US fees were also converted to DKK and not at the mid-market rate).
Xayma is offline  
Old Feb 12, 2015, 1:21 am
  #2259  
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Originally Posted by IAN-UK
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
.... if unilateral ticket cancellation by the airline was always such an easy way to get out of legal liability for denying transport to passengers whose payment was accepted in exchange for a ticket already issued.
GUWonder is offline  
Old Feb 12, 2015, 1:23 am
  #2260  
 
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I went to bed and awoke with all flights canceled (in Europe). However, now I cannot even print my itineraries to file a DOT complaint. Any news on how to retrieve the eticket number? United.com isn't allowing me to "View Receipt" on any of the cancelled segments.
pnt1 is offline  
Old Feb 12, 2015, 1:24 am
  #2261  
 
Join Date: Aug 2009
Posts: 76
I would guess that United would be happy to lose a few hundred customers whose only interest is flying for $100. United is more interested in customers who have money to spend.
chriskuo is offline  
Old Feb 12, 2015, 1:25 am
  #2262  
 
Join Date: Nov 2014
Posts: 261
I do wonder if it would be worth emailing the board of directors at united and asking them what they are going to do?
Oliveredmunds is offline  
Old Feb 12, 2015, 1:26 am
  #2263  
 
Join Date: May 2009
Location: SIN (with a bit of ZRH sprinkled in)
Posts: 9,451
Originally Posted by Tchiowa
All the complaints to DOT, EU, etc. are doomed. UA made it clear that it was a bug in a third party software (currency exchange rates) thus not their fault. The cancelled everything. I can't see any way they will be held liable.

If you want to go after someone, go after the third party software owner.

Or you can all quit trying to profit from what was clearly an unintentional error.
I've booked flights to Australia for a reasonable fare. Around 1500$. In fact, for example, Austrian airlines had sales for about 2/3rd of that in Business class to Japan, so they can't say it was an obvious mistake. It was a cheap special offer in my eyes
YuropFlyer is offline  
Old Feb 12, 2015, 1:27 am
  #2264  
 
Join Date: Jun 2011
Location: STR
Posts: 19
Originally Posted by Tchiowa
Or you can all quit trying to profit from what was clearly an unintentional error.
United doesen´t care if something similar happens me while booking.
gabenga is offline  
Old Feb 12, 2015, 1:27 am
  #2265  
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Have filed the DOT.

for European, specially in Sweden how do we file this complaint ?
FlyerTalker0101 is offline  


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