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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 13, 2015, 12:37 am
  #3181  
 
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Is there a deadline for filing a complaint with the DOT? Thanks.
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Old Feb 13, 2015, 12:38 am
  #3182  
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Third and Final Warning. See specifically 12.3. I have received an unprecedented number of RBPs today about repeated violations of this rule. The horse has been beaten enough. This thread is not moving forward. If this continues it will be closed until there is word from the DOT.

Before you post again in this thread, read and embrace the following TOS Rules. Here's a tip, if you think your post might be in violation of any of the following, it probably is:

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Old Feb 13, 2015, 12:38 am
  #3183  
 
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I keep coming back to this thread hoping for some real news but every 10th page I dip in to seems to have the exact same debate going on since page 50...
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Old Feb 13, 2015, 12:39 am
  #3184  
 
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Originally Posted by jackjesco
Is there a deadline for filing a complaint with the DOT? Thanks.


I'm not sure if many have filed yet?

I probably would in case DOT isn't aware of the issue yet. Sooner the better.
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Old Feb 13, 2015, 12:39 am
  #3185  
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Originally Posted by Tchiowa
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 must have missed the point that even UA doesn't use this as an argument to cancel the tickets, they just blame a 3rd party. And they have suspended all tickets, even those that actually did have a Danish billing address.
They are not interested in that part of the transaction, and they shouldn't. It's a payment issue, and full and authorized payments were made.

So all this back-and-forth is really starting to wear thin, let's wait what the DOT says. That's one of the first steps, nobody needs an ethics discussion here.

Last edited by RTW1; Feb 13, 2015 at 12:44 am
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Old Feb 13, 2015, 12:39 am
  #3186  
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This childish squabble is getting tiresome!

Originally Posted by dilanesp
..I'm telling you that legally, "the buyers MISLED United about their nationality" is a CORRECT statement.
It's odd when a lawyer is unable to grasp the crystal clear difference between nationality and country of residence.

Anyone, lay or lawyer, who has spent any time in Cairo, London, New York - any of the world's great cities - will have been surrounded by people carrying passports incongruent with the countries they are living in. It might seem different from Omaha, but there you are.

To infer someone's nationality from the country he or she lives in, is foolish. And quite sensibly, UA shows little interest in nationality at this stage of travel planning. In the final stages of reserving and paying you have the opportunity to provide details of your passport: but this is not obligatory.
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Old Feb 13, 2015, 12:40 am
  #3187  
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Originally Posted by UA1K_no_more
Separate the people who legitimately used Danish cards from the people who misrepresented their billing address in order to make the purchase go through.
As we know, UA did no such separation. And such separation based on country on the payment page may be considered to be an act of unlawful discrimination committed by UA.

UA needed to lawyer itself up better internationally and/or invest some of its government-assisted income streams in more extensive internal controls technology that prevents this from hitting them and their customers.

UA choose to make the default billing country for these tickets list Denmark and bill mainly in DKK. This situation was UA being UA. It will be interesting to see if UA does any more systemic fixes than just merely take issue with its currency conversion approach.
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Old Feb 13, 2015, 12:43 am
  #3188  
 
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Originally Posted by UA1K_no_more
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?
If someone told you you can save 1,5% tax on your biggest company expense by opening an office in another county with a temporary emplyee, would you think you were acting in good faith taking advantage of the situation.

A certain companys lawyers are arguing just that now.
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Old Feb 13, 2015, 12:45 am
  #3189  
 
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Originally Posted by flyinglasse
everyone: You are safe!

Called my cc company, they told me that per booking about 1000 dkk (for 2 pax) have been requested and authorised. United can not take more money than authorised!!!!
Probably my favorite post in this thread so far
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Old Feb 13, 2015, 12:47 am
  #3190  
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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...
They just call out the obvious. The opposite of 'mistaken' would be 'intentional' and even a monkey knows that it was not the intention to sell F Tickets for 100$.
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Old Feb 13, 2015, 12:47 am
  #3191  
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Originally Posted by umguy
I have new authorizations for tickets that weren't there earlier today.
Do the authorization amounts match previous reservations that were cancelled?
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Old Feb 13, 2015, 12:51 am
  #3192  
 
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Originally Posted by UA1K_no_more
The process you described required you to specify the billing address country in the "Advanced Search" options.

Did you then proceed to make the purchase using a card that doesn't have a Danish billing address? If you did, you lied about the billing address country.
I am from EU, but my country is not listed among the list of billing address countries!!! What could I choosed? Thus, I choosed the country in whose currency I payd, and I supposed my payment would failed, if it does not meet the conditions set by United.
If I would choosed Germany instead of Denmark and pay the same way 5000$, it would be also identified as a fraud or not? It would probably bother anyone so fundamentally ...Or, I cannot to buy on united.com online due to my billing country is not listed? The billing address is now IMO just a placeholder for the UA advocacy. In a free market is perhaps logical that I want to buy chosen products at the lowest price offered.
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Old Feb 13, 2015, 12:52 am
  #3193  
 
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Originally Posted by IAN-UK
This childish squabble is getting tiresome!



It's odd when a lawyer is unable to grasp the crystal clear difference between nationality and country of residence.

Anyone, lay or lawyer, who has spent any time in Cairo, London, New York - any of the world's great cities - will have been surrounded by people carrying passports incongruent with the countries they are living in. It might seem different from Omaha, but there you are.

To infer someone's nationality from the country he or she lives in, is foolish. And quite sensibly, UA shows little interest in nationality at this stage of travel planning. In the final stages of reserving and paying you have the opportunity to provide details of your passport: but this is not obligatory.
For the 400th time, you don't understand that you can be telling the God's honest truth and still be MISLEADING.

Seriously, this is a BASIC concept in fraud law. Yes, United is entitled to "infer someone's nationality from the country he or she lives in", no matter how foolish you think it is. That fact may shock you, but in fact, MANY websites infer your nationality from your billing address, and certainly if you manipulate that information to circumvent something on a website, you have created legal grounds to rescind the transaction.

You may not like this. You may think it would be better if the law provided that the only way to get out of a contract is if the other party literally lied to you based on the narrowest definition of truth. But that is not the law. Telling the absolute truth but misleading the other party IS enough.

Originally Posted by burito
I am from EU, but my country is not listed among the list of billing address countries!!! What could I choosed? Thus, I choosed the country in whose currency I payd, and I supposed my payment would failed, if it does not meet the conditions set by United.
If I would choosed Germany instead of Denmark and pay the same way 5000$, it would be also identified as a fraud or not? It would probably bother anyone so fundamentally ...Or, I cannot to buy on united.com online due to my billing country is not listed? The billing address is now IMO just a placeholder for the UA advocacy. In a free market is perhaps logical that I want to buy chosen products at the lowest price offered.
You are being cute, and cute arguments don't tend to work in court. Choosing a random country but paying the fare United wants you to pay does not damage United and is not material. Choosing the one country that allows you to snooker United into selling you a $100 ticket does damage United and is material. Accordingly, you can choose any country you want except Denmark in that situation and your purchase will be honored.

Originally Posted by RTW1
You must have missed the point that even UA doesn't use this as an argument to cancel the tickets, they just blame a 3rd party. And they have suspended all tickets, even those that actually did have a Danish billing address.
They are not interested in that part of the transaction, and they shouldn't. It's a payment issue, and full and authorized payments were made.

So all this back-and-forth is really starting to wear thin, let's wait what the DOT says. That's one of the first steps, nobody needs an ethics discussion here.
United's public statement the day after the event happened does not foreclose what arguments it could make in a court case.

Last edited by Pat89339; Feb 13, 2015 at 12:59 am Reason: TOS violation Rule 14; consecutive posts
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Old Feb 13, 2015, 12:58 am
  #3194  
 
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Originally Posted by dilanesp
Seriously, this is a BASIC concept in fraud law. Yes, United is entitled to "infer someone's nationality from the country he or she lives in", no matter how foolish you think it is. That fact may shock you, but in fact, MANY websites infer your nationality from your billing address, and certainly if you manipulate that information to circumvent something on a website, you have created legal grounds to rescind the transaction.
United should stop selling tickets in Europe if they expect people to have any correlation between nationality and the country they live in.

So no, in Europe it is not fraud, it is a daily occurrence. If you want to operate in the European market, live with it or "GTHO"
dera is offline  
Old Feb 13, 2015, 1:01 am
  #3195  
 
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Originally Posted by dera
United should stop selling tickets in Europe if they expect people to have any correlation between nationality and the country they live in.

So no, in Europe it is not fraud, it is a daily occurrence. If you want to operate in the European market, live with it or "GTHO"
If the EU regulators take that position, then United would indeed have to decide what to do about it.

But I would venture to say that it is highly unlikely that they will take that position. Rather, they will likely take the common sense position that misleading billing address information that has no effect on the price is not material, but misleading billing address information intentionally entered in order to manipulate a website into selling something worth many thousands of dollars for $100 is material.
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