Feb 11, 2015, 11:49 am
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 Updates
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According to USA Today, Ben Mutzabaugh:
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:
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:
Template For Complaint:
-----
Tips for retrieving your ticket number:
https://www.united.com/web/en-US/app...NRCD=2/11/2015
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."
Note: Please consider that with high probability, United is monitoring this thread, so please pay attention on what you post!
DOT Investigation Updates
- 02/23/15: DOT says UA does not have to honor the fare; link to DOT's full explanation (pdf)
- 02/12/15: DOT Statement
- 02/12/15: fox news mentions DOT investigation and mention update by 5:00 pm ET -- posted by xSTRIKEx6864
- 02/12/15: Fox news clip -- posted by FlyingLasse
- 02/12/15: Another clip on fox news interviewing the pointsguy -- posted by FlyingLasse
- 02/12/15: Person in charge at the dot is Alex Taday (don't bombard him with email - or we will all regret it) -- posted by sonofzeus
- 02/12/15: Fox News update: UA honoring fares will depends on complaints made at the DOT.... -- posted by synd
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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.
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.
(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.
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.”
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:
- paste(right click copy link location first) following link into your web browser
- change XXXXXX next to COPNR= for your reservation number and LASTNAME next to LN= for you SURNAME
- 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
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."
[PREM FARE GONE] UA: NCL-EWR 600 DKK (mistaken fare) DOT ruled; see wiki for link
Feb 13, 2015, 12:38 pm
#3571
Join Date: Nov 2012
Location: England
Programs: BA, Hilton Diamond, Hyatt Diamond, KLM Gold, AB Gold, Accor Plat, BW Diamond, Qantas Svr, Etihad Svr
Posts: 328
Outside our strange little world next to no-one cares, and even if they did the vast majority of folks'd still fly United or lx next time they had to fly if they were the one with the cheapest fare. Reading threads like this creates the impression that people care. They really don't. Airfares are massively price elastic, publicity in cases like this is like dropping sand in the ocean.
Feb 13, 2015, 12:43 pm
#3573
Join Date: Aug 2012
Location: LHR
Programs: M&M,HH Gold,Accor Plat.,Priority Club Plat. Ambassador,Club Carlson Gold,Marriott Gold,GHA Plat.
Posts: 1,627
There are philosophical differences between European and American courts.
In general, European courts use more interpretation and tend to do what should have been right, whereas American courts tend to uphold the letter of the law, even if it was or appears wrong.
A perfect example was the recent ruling on the UA MM suit. The courts said UA's behavior was despicable, but there was no law that prevented them from doing what they did, so UA was off the hook.
It would be fantastic if the same result happened here -- while it may have been bad form for customers to book tickets in this manner, the law is the law, and issued tickets must be honored.
In general, European courts use more interpretation and tend to do what should have been right, whereas American courts tend to uphold the letter of the law, even if it was or appears wrong.
A perfect example was the recent ruling on the UA MM suit. The courts said UA's behavior was despicable, but there was no law that prevented them from doing what they did, so UA was off the hook.
It would be fantastic if the same result happened here -- while it may have been bad form for customers to book tickets in this manner, the law is the law, and issued tickets must be honored.
Feb 13, 2015, 12:48 pm
#3574
Moderator: Mileage Run, United Airlines; FlyerTalk Evangelist
Join Date: Jan 2004
Location: The City/Honolulu
Programs: UA 3MM; Hyatt Glob*****; Hilton Diamond
Posts: 14,473
There is an External Miles and Points Resources forum. There is a thread about the blog. However, I am not a moderator of that forum and you can PM one of those moderators to see if your discussion would be allowed under the TOS.
Pat89339
Moderator, Mileage Run Forum
Pat89339
Moderator, Mileage Run Forum
Feb 13, 2015, 12:48 pm
#3575
Join Date: Nov 2014
Posts: 261
Also @GerriWillisFBN: .@united digs in. Just told me it's standing firm and won't honor super-low price tickets sold in error. Should @USDOT enforce rule 399.88?
Feb 13, 2015, 12:49 pm
#3576
Join Date: Mar 2014
Location: Londinium
Programs: BAEC
Posts: 930
In general I find the US vs EU regulatory distinction to be:
US - You did something bad that harmed an individual.
EU - You did something bad that impacted the market as a whole.
Let's keep in mind, also, that the EU is made up of member states looking after their own interests. The biggest and most powerful member states each have their own flag carrier airline. They're not looking to rock that boat more than they have to.
US - You did something bad that harmed an individual.
EU - You did something bad that impacted the market as a whole.
Let's keep in mind, also, that the EU is made up of member states looking after their own interests. The biggest and most powerful member states each have their own flag carrier airline. They're not looking to rock that boat more than they have to.
Last edited by SCSA; Feb 13, 2015 at 12:50 pm Reason: Typo
Feb 13, 2015, 12:50 pm
#3577
Join Date: Jun 2013
Location: FRA/MUC/NUE
Programs: M&M SEN, Starbucks Gold
Posts: 315
Ofcourse there is a "significant spike" in consumer complaints...
Feb 13, 2015, 1:20 pm
#3580
Moderator: Mileage Run, United Airlines; FlyerTalk Evangelist
Join Date: Jan 2004
Location: The City/Honolulu
Programs: UA 3MM; Hyatt Glob*****; Hilton Diamond
Posts: 14,473
Feb 13, 2015, 1:26 pm
#3582
Join Date: Jul 2012
Location: Helsinki
Programs: A3 Gold, BA Silver
Posts: 1,014
Exactly! Finally someone that knows how things usually go. I don't know how the DOT will regulate this issue, but i think that the DoT shouldn't use double standards: AZ has been obliged to honor a fare that costed several millions to the company. UA should be obliged to do the same.
