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[PREM FARE GONE] UA: NCL-EWR 600 DKK (mistaken fare) DOT ruled; see wiki for link

Old Feb 11, 15, 11:49 am
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DOT Investigation UpdatesNews Media Updates:

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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.
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.
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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

Old Feb 12, 15, 3:55 am
  #2386  
2x4
 
Join Date: Nov 2011
Location: MXP
Programs: M&M | DM | AVIOS
Posts: 11
Please help:

Do I need an adress in the US for the claim or can I give also my adress in Europe?

After I fill out all the details on the DOT-Claim, I try to upload my PDF-File but after I click the button upload I get alleways the following screen:

2x4 is offline  
Old Feb 12, 15, 3:55 am
  #2387  
 
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Originally Posted by modgepodgetea
Hi, I'm an attorney, but most certainly not one for UA, so not at all a member of UA staff or a troll. :-)

Just because you are not required to click a box that says you certify your address is Denmark does not mean that, legally, you did not so represent your address to be in Denmark by leaving the country field as Denmark. You were notified that the address must be a Denmark one and then (though I cannot remember exactly) likely clicked a "I agree to the T&C" box. At the very least, this would amount to what the law calls "fraudulent misrepresentation" or, maybe, on the upper scale of things "actual fraud."
IIRC on my credit card apps the Patriot act is mentioned.
Something about verifying my US address for my account and a requirement to notify the bank of changes in my address. The rules are meant to deter moneylaundrying. I am not a lawyer but could UAL use the incorrect address as an excuse not to honor these tickets if they violate the Patriot Act?

Last edited by bruceba; Feb 12, 15 at 3:57 am Reason: sp
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Old Feb 12, 15, 3:57 am
  #2388  
 
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Originally Posted by modgepodgetea
Jumping into the fray here and playing devil's advocate:

When booking the tickets the UA site was clear that the billing address must match the billing country. In fact, if I remember correctly, it was written that Denmark must be the billing country in bold letters. Thus, everyone who booked a ticket by using Denmark as the billing country violated the clearly stated terms and committed fraud and fraudulent misrepresentation. Whether or not your card or United processed the transaction with the wrong billing country is irrelevant as the intent, when circumventing the correct process, was to commit fraud.

The DOT form requests that you click "yes" that the information you provide can be released to other governmental agencies and entities. Is no one worried about repercussions of reporting to the DOT and possibility getting dinged by the TSA, the AG, etc.? Granted, I think we are all very small fish and not worth pursuing by the DOT/United, but instead of arguing United's liability, let's take a look at our own.

This all worries me, and I would love to see some analytical discussion (i.e. non-emotional, non-equalities-driven, non-"what United did is wrong," non-#unitedsucks) before filing a DOT Complaint.
why would the TSA get involved?
What do you think the AG would/could/should do?

I think there is zero risk for us for standing up for our rights. Will we succeed? I think we have a 50/50 shot
Deltahater is offline  
Old Feb 12, 15, 4:00 am
  #2389  
 
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Originally Posted by modgepodgetea
Hi, I'm an attorney, but most certainly not one for UA, so not at all a member of UA staff or a troll. :-)

Just because you are not required to click a box that says you certify your address is Denmark does not mean that, legally, you did not so represent your address to be in Denmark by leaving the country field as Denmark. You were notified that the address must be a Denmark one and then (though I cannot remember exactly) likely clicked a "I agree to the T&C" box. At the very least, this would amount to what the law calls "fraudulent misrepresentation" or, maybe, on the upper scale of things "actual fraud."
I thought there was something about the EU being a free market and any one in the EU should be able to purchase an item from another EU country at that price?
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Old Feb 12, 15, 4:02 am
  #2390  
 
Join Date: Mar 2008
Posts: 4,859
Originally Posted by Paul4Travel
7) EU 261/2004 covers only the ones who will depart in the next 14 days! even if, to obtaina compensation, you'll have to file a claim to UA, that will deny it for sure, then you'll have firstly to file a claim to the civil aviation authority (similar to the DOT) then in the last case, sue them to the court where you'll have good possibility to have this matter on your side. I'm speaking by a strictly legal point of view.
14 day limit only relates to compensation. They are still on the hook for transportation if you have a valid ticket (and that if is the disputable part, but that's also required for T-14d).
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Old Feb 12, 15, 4:03 am
  #2391  
 
Join Date: Jul 2013
Posts: 88
Originally Posted by RTW1
Nobody is claiming good faith....

We all know it's a mistake, but there is a case to be made that mistakes should be honored by both parties. So let's see what the governing bodies decide.

And I lost my sense of fairplay with any airline when they forced me to pay an absurd amount to change a ticket where I made a mistake with the return date, that I didn't catch in time. You cannot have it both ways (or at least you shouldn't).
good point but http://www.united.com/WEB/EN-US/apps...romoCode=A5753

So UA honors the possibilty of an error but you are not.
Chaosmax is offline  
Old Feb 12, 15, 4:03 am
  #2392  
 
Join Date: Aug 2004
Posts: 1,006
Originally Posted by RTW1
Nobody is claiming good faith....

We all know it's a mistake, but there is a case to be made that mistakes should be honored by both parties. So let's see what the governing bodies decide.

And I lost my sense of fairplay with any airline when they forced me to pay an absurd amount to change a ticket where I made a mistake with the return date, that I didn't catch in time. You cannot have it both ways (or at least you shouldn't).
Error fare is kinda game: sometimes you win, sometimes you loose.

I lost my sense of faith in many fellow human beings when they all do is wait for my mistake to take an advantage on me.

Even airline have 24-grace period that let pax cancel due to a mistake... UA acted fast.. Game over. Let's wait for the next one
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Old Feb 12, 15, 4:04 am
  #2393  
 
Join Date: Sep 2013
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Originally Posted by Deltahater
I think there is zero risk for us for standing up for our rights. Will we succeed? I think we have a 50/50 shot
There is also the upside of we will know what an airline can get away with in regards to third party currency conversions.

Anybody that booked any fare connecting in the UK will have been undercharged on the taxes (although the base fare would not have been reduced).
If they are able to pass the blame off on this (and it does not rely on the assumption people booking had bad faith), then they will likely be able to cancel any future tickets where the third party stuffs up any currency conversion regardless of what they advertise the price as.
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Old Feb 12, 15, 4:06 am
  #2394  
2x4
 
Join Date: Nov 2011
Location: MXP
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Please help:

Do I need an adress in the US for the claim or can I give also my adress in Europe?

After I fill out all the details on the DOT-Claim, I try to upload my PDF-File but after I click the button upload I get alleways the following screen:

2x4 is offline  
Old Feb 12, 15, 4:09 am
  #2395  
 
Join Date: Jul 2013
Posts: 88
Originally Posted by 2x4
Please help:

Do I need an adress in the US for the claim or can I give also my adress in Europe?

After I fill out all the details on the DOT-Claim, I try to upload my PDF-File but after I click the button upload I get alleways the following screen:

you have to have an adress in Denmark .
Chaosmax is offline  
Old Feb 12, 15, 4:12 am
  #2396  
 
Join Date: Nov 2014
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Originally Posted by Chaosmax
you have to have an adress in Denmark.
No you dont. You can be from anywhere in the world so long as you are flying into the US.
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Old Feb 12, 15, 4:13 am
  #2397  
 
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Originally Posted by SCSA
Modges, why don't you quit whilst your're behind. You clearly haven't even tried to book a ticket on the UA website.

There was no statement that the address "must be a Denmark one". There is an "I agree to Fare Rules and Contract of Carriage" button, but the Contract of Carriage Summary says nothing about country of residence.

Again, if this fare were only open to Denmark residents, than a non-Denmark one using subterfuge to purchase one would be committing fraud.
Hi, no reason for the disrespectful attitude. I did, in fact, book a ticket (two of them.) Had I not, why in the world would I have jumped into the thread? I most certainly am not the type to stir up trouble or troll around. But I am wondering where to draw the line in seeking recourse for a cancelled ticket via the DoT. I had the form all filled out and was sitting there looking at it while my legal voice and conscious said to me, "don't do this before you think through the potential repercussions, e.g. issues with DoT, TSA, United status, United points, etc." Trust me, I would very much like to take my two first class flights just as much as all the rest of you.

But, back to the issue, there was such a statement, not that I took a screen shot of it, admittedly, but I believe some people early on in the thread posted the language. It most certainly caught my eye.

As to the contract of carriage, yes, it too, would prohibit at least the actions by the bookers. I have, admittedly, not read it closely or more than with a brief, cursory glance as it's the middle of my work day, but, for example, Section 5.h provides that UA may cancel abusive and/or illogical bookings, even if ticketed. Pursuant to section 28.F. liability where there has been contributory negligence by the passenger is disclaimed. Section 4.A. states that tickets may be automatically cancelled if fraudulent information is provided (granted, that seems to pertain more to passport information) but fraud would make the agreement voidable anyway, regardless of the form. Moreover, the United.com T&C state that users shall not make any "false or fraudulent purchase or reservation."

Anyway, was only hoping for an intelligent, respectful conversation on the topic. I very much hope that you receive from Untied whatever makes you feel as though you were treated equitably at the end of the day. Cheers.
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Old Feb 12, 15, 4:13 am
  #2398  
 
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guys, i dont remember: was the RGN F-class fare honored at the end?
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Old Feb 12, 15, 4:13 am
  #2399  
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Originally Posted by Chaosmax
So UA honors the possibilty of an error but you are not.
No because that's not in my side of the contract..... The rules that govern these contracts simply don't give the airlines that 24hrs. It's one of the very limited things that is in favour of the consumer here (and it's not even a generic rule).

But it's also irrelevant, it's not a ground UA is basing it's cancellation on. It's mere coincedence that they acted this fast, they would have done the same thing after the 24hr mark.

Yeah, it can suck for an airline. But don't make these mistakes then, you know the price of them in advance. This is an industry that has so many regulations, most of those not in favour of the consumer......

And really the actual costs for UA are fairly small. It's not in any way all lost revenue since most of these seats will never sell.

Last edited by RTW1; Feb 12, 15 at 4:21 am
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Old Feb 12, 15, 4:14 am
  #2400  
 
Join Date: Jan 2014
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Originally Posted by modgepodgetea
Thank you! Wonderful ideas.

While the internal EU market doctrine may be helpful for EU residents, what benefit would it have for non-EU residents? Furthermore, could not United argue that it should be applied mutually and in the inverse, i.e. that the true price was what was available to other citizens, i.e. not those residing in Denmark?
EU internal market in this perspective is indeed focused on EU residents or EU nationals. My remark was more related to the fact that every EU citizen should be able to book on the DK website, regardless of their billing address, whether the quoted price would be higher or not. If UA prevents this or would use thas as an argument to void the ticket, it would be in violation of EU internal market policy. I'm curious to know if they would dare to pull this out of their sleeve .

Originally Posted by modgepodgetea
As to the email from United while the second paragraph does note that the tickets were "purchased" the first notes that they were merely "booked" and the third that the payment would not be processed. Poor email crafting on the part of United and its legal team, imo.
Poor email crafting is still a very nice statement from your part. From a legal point of view, like many others already pointed out, this is pure horror. At least for UA; I find it rather amusing .
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