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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.”
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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

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Old Feb 12, 2015, 6:30 pm
  #3076  
 
Join Date: Aug 2014
Posts: 736
Is UA paying people on Fiverr to come post silly stuff in this thread? Some of the comments in here make me giggle - everyone loves to play a lawyer on the internet. If they aren't getting paid I can't figure out why they'd be here wasting their time.
Willbur is offline  
Old Feb 12, 2015, 6:32 pm
  #3077  
 
Join Date: Feb 2015
Programs: united
Posts: 1,636
Originally Posted by scibuff
I beg to differ, changing the billing address to Denmark, was the only way the website allowed all EU customers to access the same services (and prices) regardless of their country of origin/residency/nationality etc. Therefore by changing the country to DK, all EU customers only exercised their right guaranteed by EU consumer protection laws.

Also, it is no mistake in website programming. It is a feature that united.com allows you to select the currency in which you like to be billed rather than forcing $ or the currency of the country of origin.
I would eviscerate you on a witness stand if you tried to testify to that.

Seriously, I'm trying to tell you that That. Is. Not. How. The. Law. Works.

To be perfectly clear-- I said this upthread, but I am sure that the EU has a procedure that you may invoke if the antidiscrimination rule is broken, and I am sure that procedure is not "mislead the seller as to your nationality so that you can buy the ticket". Nowhere in EU consumer protection law will you find a right to declare yourself a Dane when you are not one.

And saying "it really wasn't a mistake" is reminiscent of the episode of Seinfeld where George insists that the Moops rather than the Moors invaded Spain because of a misprint on a Trivial Pursuit card. Of course it was a mistake, and I would have a jury or judge laughing at you by the end of your testimony if you hewed to the claim that it wasn't one.
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Old Feb 12, 2015, 6:32 pm
  #3078  
 
Join Date: Jul 2014
Location: Austin, TX
Posts: 1,012
Originally Posted by dilanesp
I suspect that United has ample grounds to rescind contracts on the grounds of contractual (not criminal) fraud (as well as unilateral mistake) where a party misleads United about her address in order to obtain a mistaken airfare. But even if I am wrong about this, I wish the people citing these regulations would at least be a bit more forthcoming about what they are doing and what they are arguing.
I hear what you're saying (and far from having any interest in having a discussion involving "formalistic legal arguments"--I do that enough at work) I don't think it's irrelevant that UA is as best I can determine perfectly willing to be "deceived" in such a manner in its usual course of business (the website selections function as largely a choice of currency and UA actually has enough information on the purchaser to determine their actual country of residence). Maybe I'm wrong about this, and UA takes a hardline on the use of country landing pages other than where the purchaser is located...but I haven't seen anything to indicate that is true.

Originally Posted by dilanesp
I would eviscerate you on a witness stand if you tried to testify to that.

Seriously, I'm trying to tell you that That. Is. Not. How. The. Law. Works.
Dude, come on. Nobody likes that. We get enough grief as it is.

To be perfectly clear-- I said this upthread, but I am sure that the EU has a procedure that you may invoke if the antidiscrimination rule is broken, and I am sure that procedure is not "mislead the seller as to your nationality so that you can buy the ticket". Nowhere in EU consumer protection law will you find a right to declare yourself a Dane when you are not one.
Minor detail, counselor: The website asks for 'location' or where billing statements are received. Not "nationality." In fact a purchaser could have easily entered their passport information showing otherwise.

Last edited by Pat89339; Feb 13, 2015 at 12:13 am Reason: TOS Rule 14 - consecutive posts
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Old Feb 12, 2015, 6:41 pm
  #3079  
 
Join Date: Jul 2013
Location: BTS
Posts: 611
Originally Posted by dilanesp
I would eviscerate you on a witness stand if you tried to testify to that.

Seriously, I'm trying to tell you that That. Is. Not. How. The. Law. Works.

To be perfectly clear-- I said this upthread, but I am sure that the EU has a procedure that you may invoke if the antidiscrimination rule is broken, and I am sure that procedure is not "mislead the seller as to your nationality so that you can buy the ticket". Nowhere in EU consumer protection law will you find a right to declare yourself a Dane when you are not one.

And saying "it really wasn't a mistake" is reminiscent of the episode of Seinfeld where George insists that the Moops rather than the Moors invaded Spain because of a misprint on a Trivial Pursuit card. Of course it was a mistake, and I would have a jury or judge laughing at you by the end of your testimony if you hewed to the claim that it wasn't one.
1) United has had no problems with customers changing their billing address in the past - no tickets of mine have ever been canceled (or even questioned) based on that.

2) I'm telling you this is how the site works, it is MEANT to allow you to be billed in a different currency other than $ or the currency of the country of the travel's origin.

3) I never mislead United as to what my nationality was. I actually set the correct country as my passport issuer. The DoT defines the purchase as complete when you either received a confirmation email and/or the purchase appears on your credit card statement or online account summary, both of which happened for all of my itineraries. If United had problems with the billing country, they should haven't have authorized the credit card charge...

Last edited by scibuff; Feb 12, 2015 at 6:46 pm
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Old Feb 12, 2015, 6:43 pm
  #3080  
 
Join Date: Feb 2015
Programs: united
Posts: 1,636
Originally Posted by trouble747
I hear what you're saying (and far from having any interest in having a discussion involving "formalistic legal arguments"--I do that enough at work) I don't think it's irrelevant that UA is as best I can determine perfectly willing to be "deceived" in such a manner in its usual course of business (the website selections function as largely a choice of currency and UA actually has enough information on the purchaser to determine their actual country of residence). Maybe I'm wrong about this, and UA takes a hardline on the use of country landing pages other than where the purchaser is located...but I haven't seen anything to indicate that is true.
Well, in many situations getting misleading information isn't worth worrying about, but that doesn't make it non-material in a situation where it is worth worrying about. For instance, there were posts about those guys who used full fare air tickets to obtain repeated access to business class lounges without flying. The airlines clearly do not bother to check if you do this once or even a few times. It isn't costing them a lot of money, and there could be legitimate reasons why a person might go to the lounge and then later cancel a flight. Indeed, in the world of business travel it happens all the time.

But then these guys come along who are doing it over and over again just to get free food and drink in the lounge and the airlines take a hard line. Because what wasn't worth worrying about when it happens once or three times becomes worth worrying about when it happens 50 times.

Similarly, of course United doesn't care very much in the ordinary course of business if someone is engaging in a little minor league currency speculation by using a credit card with a foreign billing address. But they do care if someone is using that credit card to fly international transatlantic first class for $100. And the fact that United doesn't care that much about scenario one doesn't mean it is non-material in scenario two.
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Old Feb 12, 2015, 6:46 pm
  #3081  
 
Join Date: Aug 2013
Programs: AA EXP, Hyatt Diamond
Posts: 273
Originally Posted by trouble747
I hear what you're saying (and far from having any interest in having a discussion involving "formalistic legal arguments"--I do that enough at work) I don't think it's irrelevant that UA is as best I can determine perfectly willing to be "deceived" in such a manner in its usual course of business (the website selections function as largely a choice of currency and UA actually has enough information on the purchaser to determine their actual country of residence). Maybe I'm wrong about this, and UA takes a hardline on the use of country landing pages other than where the purchaser is located...but I haven't seen anything to indicate that is true.
Deceived into what? Does their Denmark website require that the purchaser lives in Denmark? Please direct me to any requirement stated as such on their website or any other relevent documentation
dlandz is offline  
Old Feb 12, 2015, 6:48 pm
  #3082  
 
Join Date: Jul 2014
Location: Austin, TX
Posts: 1,012
Originally Posted by dilanesp
Well, in many situations getting misleading information isn't worth worrying about, but that doesn't make it non-material in a situation where it is worth worrying about.
Sure. But United didn't intend for anyone to access these fares. So I don't see how it's material.

Similarly, of course United doesn't care very much in the ordinary course of business if someone is engaging in a little minor league currency speculation by using a credit card with a foreign billing address. But they do care if someone is using that credit card to fly international transatlantic first class for $100. And the fact that United doesn't care that much about scenario one doesn't mean it is non-material in scenario two.
So they care NOW because it's convenient to avoiding paying out under unrelated regulations. Personally, I still don't find it persuasive (yet again though, I don't think the reg was intended for this scenario and I don't particularly think UA should be required to do anything here).
trouble747 is offline  
Old Feb 12, 2015, 6:49 pm
  #3083  
 
Join Date: Feb 2015
Programs: united
Posts: 1,636
Originally Posted by trouble747
Minor detail, counselor: The website asks for 'location' or where billing statements are received. Not "nationality." In fact a purchaser could have easily entered their passport information showing otherwise.
Which is why I used the term "misleading" rather than false. I mean, I can get into all sorts of detail about contractual fraud doctrines where providing material and incomplete information gives rise to a duty to speak (see, e.g., California Civil Code Section 1710(3) ("suppression of a fact, by one who... gives information of other facts which are likely to mislead for want of communication of that fact")), but I doubt you care.

The point is that the law isn't generally a game of gotcha or a contest over the technicalities and formal definitions of words. It's about the substance of the transaction. The substance of the transaction is that people had to appear Danish to get the deal, so they did. That's a very difficult case to win, and it would be even more difficult if the plaintiff got on the stand and tried to pretend that was not what he was doing.
dilanesp is offline  
Old Feb 12, 2015, 6:51 pm
  #3084  
 
Join Date: Jul 2014
Location: Austin, TX
Posts: 1,012
Originally Posted by dlandz
Deceived into what? Does their Denmark website require that the purchaser lives in Denmark? Please direct me to any requirement stated as such on their website or any other relevent documentation
I put the word in scare quotes for a reason. I don't believe it to be a true deception.
trouble747 is offline  
Old Feb 12, 2015, 6:52 pm
  #3085  
 
Join Date: Sep 2010
Programs: IC Royal Ambassador, Hyatt Diamond
Posts: 486
How is this different than a fuel dump? The computer prices it so we buy it. Fix your computer and you fix the problem, but don't blame consumers for your software shortcomings.
stinger101 is offline  
Old Feb 12, 2015, 6:55 pm
  #3086  
 
Join Date: Jul 2001
Location: Dublin, Ireland
Programs: EI Silver, AF Ivory, SPG Gold, HH, IHG Priority Club, Choice Privileges
Posts: 354
Originally Posted by bittihuduga
offtopic: Ryanair had a glitch (i suppose) to CPH today (coincidence???) - 30cents each way from dublin to cph. it was fixed soon though.
No glitch ... snap sale available for 3 hours only
flame is offline  
Old Feb 12, 2015, 6:56 pm
  #3087  
 
Join Date: Jul 2014
Location: Austin, TX
Posts: 1,012
Originally Posted by dilanesp
Which is why I used the term "misleading" rather than false.
I don't follow. My point was that you were focusing on an incorrect detail. It's not about "nationality." It's about location or billing address. No need to 'mislead' UA of nationality.
trouble747 is offline  
Old Feb 12, 2015, 7:00 pm
  #3088  
 
Join Date: Aug 2013
Location: Here
Posts: 44
The funniest thing about this to me is that the fare made it through (I guess that goes for most mistake fares), that's just terrible, terrible data management. I work on a lot of databases and always, where appropriate, have data quality checks to minimize gross errors. Granted, it's not possible to eliminate them completely, but errors that are orders of magnitude should be caught prior to being public. Sloppy!

P.S. United PM me, we can fix these things for a small fee
biostatistician is offline  
Old Feb 12, 2015, 7:01 pm
  #3089  
 
Join Date: Feb 2015
Programs: united
Posts: 1,636
Originally Posted by trouble747
I don't follow. My point was that you were focusing on an incorrect detail. It's not about "nationality." It's about location or billing address. No need to 'mislead' UA of nationality.
I don't want to load this thread up with legal citations, but "misleading" in both commercial law and the law of contractual fraud basically means "things that are literally true but which would lead a reasonable person to believe something that is not true". And very specifically, I can imagine scenarios where a website might be set up to block credit cards from certain states or countries (due to local laws perhaps) and where using a credit card from an unblocked jurisdiction to effectuate a purchase from a blocked jurisdiction would be considered "misleading" for purpose of rescinding the transaction. If I wanted to, I bet I could find some cases where that specific theory was upheld as a ground to rescind a contract.
dilanesp is offline  
Old Feb 12, 2015, 7:05 pm
  #3090  
 
Join Date: Jul 2014
Location: Austin, TX
Posts: 1,012
Good lord, my very simple point is that location does not equal "nationality." This is not about nationality in any way, shape, or form. No super technical legal arguments needed, I promise.

When do we graduate from law school, anyway?
trouble747 is offline  


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