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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
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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, 11:31 pm
  #3166  
 
Join Date: Feb 2015
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Originally Posted by DemonDeacon
I agree that you don't win just on a formalistic argument and that the fact that people had to in some way represent that they were in Denmark (or had a Danish credit card) is United's potential chance to get out of this.

However, to me, the whole third-party argument doesn't have a chance at prevailing under DOT regulations. The tickets were booked on United's website and were ultimately ticketed and confirmed by United. The fact that a third-party messed up the currency conversion of properly filed fares should be inconsequential, given that after receiving the $75 or whatever fare, United proceeded to ticket and confirm the reservation. The fact that United didn't verify that they were receiving the correct amount before ticketing is on them - they may well have a claim against their third-party processor, but I can't see any way that they can claim a lack of responsibility over the ticketing process.

For me, I can't see any way under DOT regulations that those who actually were in Denmark or booked with a Danish credit card won't have their fares honored. The DOT FAQ seems pretty explicit on this, and past precedent has resulted in cases like this has resulted in fares being honored. For the others, I'm not so sure, though the difficulty of verifying who meets the Denmark requirement may lead United to decide to honor all of them.
FWIW I agree the third party argument is weak. If there were a non-obvious error-- say Orbitz listed a United fight that should have been priced at $750 at $450 instead, but it just looked like a really good sale, and it was Orbitz's fault, not United, I'm pretty sure the DOT would say that United still had to honor the fare. They are responsible for the actions of their agents.

Originally Posted by cruisr
Shakespeare was right.
About killing all the lawyers or that there was something rotten in the state of Denmark?

Last edited by Pat89339; Feb 12, 2015 at 11:49 pm Reason: TOS 14 - consecutive posts
dilanesp is offline  
Old Feb 12, 2015, 11:41 pm
  #3167  
 
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Originally Posted by dilanesp
FWIW I agree the third party argument is weak. If there were a non-obvious error-- say Orbitz listed a United fight that should have been priced at $750 at $450 instead, but it just looked like a really good sale, and it was Orbitz's fault, not United, I'm pretty sure the DOT would say that United still had to honor the fare. They are responsible for the actions of their agents.
Respectfully, a better analogy since their webpage really is their salesperson:

If UA sub-contracted their phone sales to a third party company, and that third party (whom you spoke to after dialing United's 1-800 # and who answered "Thank you for calling United Airlines" giving you no indication you were speaking to anyone else) told you your flight costs $450, you paid them $450, and they issued you a ticket, it would ring very hollow for UA to say "well our third party..." Uhhh who cares... when you hire them to represent you, or you publish a webpage in this case, you own their mistakes.

If UA prefers, they can go to issuing tickets by mail and having the CEO review each one personally for validity. They might lose some business that way, but at least they won't have any mistake fares!
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Old Feb 13, 2015, 12:02 am
  #3168  
 
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Originally Posted by SJLandsverk
DOT update:
Updated: Thursday, February 12, 2015

http://www.dot.gov/airconsumer/unite...-mistaken-fare
^ Real information! Doesn't say much, but now I know why I caught up on the last 80 pages of reading.
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Old Feb 13, 2015, 12:04 am
  #3169  
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Originally Posted by UA1K_no_more
The process Tblack15 described includes setting the billing address country to "Denmark" in the "Advanced Search" options:

The question is if he did that for the sole purpose of getting access to the low fares, even though he knew that he wouldn't make the purchase with a card that has a Danish billing address.
If the question is "Where is your billing address" and your answer is "Denmark", it's pretty obvious what's going on when you have no intention of using a cc with a Danish billing address, but set the billing address country to "Denmark" anyway.
The above argument is a canard. It seems like the above argument borders on fabricating any excuse to try to insulate UA from being required to not engage in post-purchase price increase demands from customers on purchased tickets with legitimate funds. One of any kind of mud-slinging argument UA may try to throw out there just to see if any mud can be made to stick.

The default billing country when on the purchase page was Denmark on these tickets, and UA cancelled bookings even of those of us who are/were near CPH or elsewhere in Denmark with a Danish bank card at the time of this thing.
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Old Feb 13, 2015, 12:11 am
  #3170  
 
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Originally Posted by dilanesp
My points are (1) we all know that anyone other than a Dutch resident had to engage in some deliberate subterfuge to obtain this fare
Who dragged the Dutch into this? ;-)
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Old Feb 13, 2015, 12:14 am
  #3171  
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Is it likely that DOT will view tickets actually sold in Denmark (using a Danish billing address) differently?

I purchased 1 UA ticket and used my Danish issued cc and entered my home address in Denmark as billing address (I reside in Denmark and I am a Danish citizen if that matters) - I didn't make any misrepresentation when buying the ticket...
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Old Feb 13, 2015, 12:15 am
  #3172  
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Originally Posted by justchris82
Who dragged the Dutch into this? :-D
Danish and Dutch, or Swedish and Swiss; but all four types can be found in and around Denmark. Some of each with Danish bank cards who purchased these tickets around CPH. Shared problem with UA.

Last edited by GUWonder; Feb 13, 2015 at 12:51 am
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Old Feb 13, 2015, 12:18 am
  #3173  
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Originally Posted by SK AAR
Is it likely that DOT will view tickets actually sold in Denmark (using a Danish billing address) differently?

I purchased 1 UA ticket and used my Danish issued cc and entered my home address in Denmark as billing address (I reside in Denmark and I am a Danish citizen if that matters) - I didn't make any misrepresentation when buying the ticket...
To answer your question, perhaps; but UA's position so far has been that those bookings too are voided and that flying on the ticketed bookings as initially booked requires a post-purchase price adjustment.
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Old Feb 13, 2015, 12:21 am
  #3174  
 
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Originally Posted by SJLandsverk
DOT update:

You are here
Home › Resources › For Individuals › Aviation Consumer Protection

United Airlines mistaken fare

The Department of Transportation is aware of an issue involving mistaken fares on United Airlines’ Danish-facing website. The Department's Office of Aviation Enforcement and Proceedings has begun looking into this matter, including speaking to United and reviewing consumer complaints. That Office will gather all the relevant facts before making a determination as to whether United is or is not required to honor the mistaken fares.

Updated: Thursday, February 12, 2015

http://www.dot.gov/airconsumer/unite...-mistaken-fare
The very fact that DoT is calling this a mistaken fare means it is likely following the path that it was a "mistake" - therefore likely not legally binding...
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Old Feb 13, 2015, 12:21 am
  #3175  
 
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Let me counter some arguments:

If anybody misled anybody it's United publishing fares with wrong currency conversion.
Should they honor? Hell yeah, paid for and EU laws demand from service final price to be final. I don't care about your US laws, ticket was bought in Denmark in EU. As a citizen of EU country I can buy wherever I want. It's like you said you're from New York you can't buy anything from shop in LA, cause it's a different state... Last thought: if you're into business you need to take care of your merchandise. If you're stupid enough to rely 100% on some third party software, and you don't double check then you end up selling tickets for 500DKK
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Old Feb 13, 2015, 12:23 am
  #3176  
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Originally Posted by GUWonder
The above argument is a canard. It seems like the above argument borders on fabricating any excuse to try to insulate UA from being required to not engage in post-purchase price increase demands from customers on purchased tickets with legitimate funds. One of any kind of mud-slinging argument UA may try to throw out there just to see if any mud can be made to stick.
Separate the people who legitimately used Danish cards from the people who misrepresented their billing address in order to make the purchase go through.
If someone told you: "Here's a great deal, but you have to misrepresent your billing address to make it work" (as the posts at the start of this thread say), would you think you were acting in good faith if you took advantage of the situation?
The default billing country when on the purchase page was Denmark on these tickets, and UA cancelled bookings even of those of us who are/were near CPH or elsewhere in Denmark with a Danish bank card at the time of this thing.
As I have stated before, UA should honor the tickets for the people who used a card with a Danish billing address. The people who entered their US/UK/whatever billing address but were told in this thread that they had to use Denmark as the billing country in order to make the purchase go through don't have much of a leg to stand on.
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Old Feb 13, 2015, 12:28 am
  #3177  
 
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I have new authorizations for tickets that weren't there earlier today.
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Old Feb 13, 2015, 12:30 am
  #3178  
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Originally Posted by hellosweets
Let me counter some arguments:

If anybody misled anybody it's United publishing fares with wrong currency conversion.
Should they honor? Hell yeah, paid for and EU laws demand from service final price to be final. I don't care about your US laws, ticket was bought in Denmark in EU. As a citizen of EU country I can buy wherever I want. It's like you said you're from New York you can't buy anything from shop in LA, cause it's a different state... Last thought: if you're into business you need to take care of your merchandise. If you're stupid enough to rely 100% on some third party software, and you don't double check then you end up selling tickets for 500DKK
If you want to argue that UA "misled" customers, you may have a point. But they clearly didn't intend to mislead them.

In the meantime, those who changed their billing country to Denmark not only misled but, more importantly, *intentionally* misled.

Guess which side of that argument will prevail in court.

You don't care about US laws? OK. Let the DOT know and they won't even consider you.

In the meantime, I suggest you rephrase your comment about if a company is stupid enough to rely on a third party. That's like saying if a store hires a third party security company to watch their stock and the third party does a lousy job, it's OK to shoplift.

Originally Posted by DC777Fan
Respectfully, a better analogy since their webpage really is their salesperson:

If UA sub-contracted their phone sales to a third party company, and that third party (whom you spoke to after dialing United's 1-800 # and who answered "Thank you for calling United Airlines" giving you no indication you were speaking to anyone else) told you your flight costs $450, you paid them $450, and they issued you a ticket, it would ring very hollow for UA to say "well our third party..." Uhhh who cares... when you hire them to represent you, or you publish a webpage in this case, you own their mistakes.

If UA prefers, they can go to issuing tickets by mail and having the CEO review each one personally for validity. They might lose some business that way, but at least they won't have any mistake fares!
But if you lied to that third party company in order convince them to sell you the flight at the lower price, then you wouldn't have a leg to stand on.
Tchiowa is offline  
Old Feb 13, 2015, 12:36 am
  #3179  
 
Join Date: Sep 2013
Posts: 21
Originally Posted by gottaluvNW
The very fact that DoT is calling this a mistaken fare means it is likely following the path that it was a "mistake" - therefore likely not legally binding...
Actually it is more likely the other way if they are calling it a mistaken fare rather than a mistaken charge, given their own FAQ says
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.”
Of course they could be using it in a much more colloquial way and we shouldn't read much into it.
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Old Feb 13, 2015, 12:36 am
  #3180  
 
Join Date: Dec 2010
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Glad to see the analogies have picked up steam ^
Jesperss is offline  


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