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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.”
-----
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 14, 2015, 5:00 am
  #3706  
 
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I've a great idea about how to manage a crucial aspect of this situation but i can't share it openly; what i can say is...if someone has to book a NEW tkt with UA in the next 48h, pls contact me via pm or via email at: [email protected] (please include your FT nickname)

Last edited by Paul4Travel; Feb 14, 2015 at 5:38 am
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Old Feb 14, 2015, 5:07 am
  #3707  
 
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Originally Posted by Paul4Travel
OMG, i hope that your bag has been delivered securely!
Anyway this is not an acceptable excuse: if you drive a car without brakes check-up, and finally you crash onto another car, you can be held responsible for negligence because you didn't check up your car regularly.
A 38 billion-year company can't have a so crappy IT system, and if it has all the possible negative consequences must be at its own risk only!


I agree.

Furthermore guys, I repeat..

even if we're talking about thousands of tkts, the single cost for UA is just limited to taxes (partially) and food consumption on board:

personally I ended up to pay 60€+35€ for my tkt with UA, it means= 95 €; the total amount of taxes is 225Ł (+- 300€) this means that UA has basically to pay 207€ per person! this is not a huge amount!
Even if they ticketed e.g. 30.000 tkts= 6.210.000€| if 50.000= 10.350.000€! want we discuss about 100.000 tkts? = 20.700.000€! And we're talking about a 38 Billion-year $ company!
And probably, at least the 10% of these tkts will not be flown!

I mean, the argument that UA has to honor too many expensive tkts seems to me not too acceptable!

What's your consideration on this?
Don't forget that there is also another potential cost to United, if they get things wrong and unlawfully deny passengers boarding they would also be liable under EU261.

Having to pay out €600 per ticket and also having to pay to reroute passengers (potentially on other carriers) increases their potential liability exponentially.

I assume these contracts have been formed under US law, and as such I'd expect their validity to be decided in the US, by DOT. The problem United may have is if DOT rules that contracts formed between United and those with Danish billing addresses are valid such a ruling would most likely be incompatible with EU legislation.

I doubt that the legal system of any member state in the EU would be able to rule that those with Danish billing address have a legal contract with United, and are therefore covered by EU261, yet those who live elsewhere in the EU are not covered in the same instance.

It also pays to remember that it is the carrier operating the flight in question who is liable under EU261, so if those flying Lufthansa or Swiss were unlawfully denied boarding it would be LH or LX who would be responsible for compensating and rerouting the affected passengers not United.

I wouldn't imagine that either airline would be happy about being placed in that situation by the actions of United.

Last edited by rachcollins; Feb 14, 2015 at 5:48 am
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Old Feb 14, 2015, 5:09 am
  #3708  
 
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Originally Posted by Paul4Travel
if someone has to book a tkt with UA in the next 48h, pls contact me via pm or email
If someone has to book a ticket with UA in the next 48h, they can also go to ua.com or any other OTA or TA.
Or am I missing something?
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Old Feb 14, 2015, 5:12 am
  #3709  
 
Join Date: Aug 2011
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Originally Posted by Paul4Travel
I've a great idea about how to manage a crucial aspect of this situation but i can't share it openly; what i can say is...if someone has to book a tkt with UA in the next 48h, pls contact me via pm or via email at: [email protected] (please include your FT nickname)

You should clear you PM inbox.


I am about to book a domestic UA flight, is there anything I should think of?
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Old Feb 14, 2015, 5:12 am
  #3710  
 
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Originally Posted by goliath
If someone has to book a ticket with UA in the next 48h, they can also go to ua.com or any other OTA or TA.
Or am I missing something?
Of course you're missing something. It's evident!
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Old Feb 14, 2015, 5:21 am
  #3711  
 
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Originally Posted by Paul4Travel
Of course you're missing something. It's evident!
Waiting for your reply..
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Old Feb 14, 2015, 5:30 am
  #3712  
 
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Guys, please, only via email with your FT, my inbox is constantly full! I'll try to reply to the most of you.
It's just an idea on how to manage things, I don't have any ready solution for your tkts!
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Old Feb 14, 2015, 5:32 am
  #3713  
 
Join Date: Aug 2011
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Originally Posted by Paul4Travel
Guys, please, only via email with your FT, my inbox is constantly full! I'll try to reply to the most of you.
It's just an idea on how to manage things, I don't have any ready solution for your tkts!
Haha, you shouldnt have written that here. You will get hundreds of emails/PMs.



Anyway, I get your point. Trying to reply but your inbox is full!
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Old Feb 14, 2015, 5:34 am
  #3714  
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UA's ICTS contractors at LHR put ICTS stickers on the passports of those attempting to check-in yesterday and then sent the passengers to the check-in counter. After the check-in counter staff noted problems trying to find the passenger, the check-in staff directed people to "additional services"/ticketing counters closer to curb-side. That is the most common way these Great Dane ticketed passengers are handled at LHR.

Those stickers have the date on them. Also, who doesn't have a smart phone with a camera? Email of the photo or video also works. Come on. Document as needed.
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Old Feb 14, 2015, 5:45 am
  #3715  
 
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Originally Posted by GUWonder
UA's ICTS contractors at LHR put ICTS stickers on the passports of those attempting to check-in yesterday and then sent the passengers to the check-in counter. After the check-in counter staff noted problems trying to find the passenger, the check-in staff directed people to "additional services"/ticketing counters closer to curb-side. That is the most common way these Great Dane ticketed passengers are handled at LHR.

Those stickers have the date on them. Also, who doesn't have a smart phone with a camera? Email of the photo or video also works. Come on. Document as needed.
Also a simple photo of your passport and tkt (receipt) in front of the desk would be sufficient! :P

I suppose that during this WE days /monday incl.) UA will put a lot of pressure on the DoT in order to have a favourable decision! Maybe UA's CEO will have a generous lunch with the DoT director? who knows!

Last edited by Paul4Travel; Feb 14, 2015 at 5:57 am
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Old Feb 14, 2015, 5:55 am
  #3716  
 
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Originally Posted by Paul4Travel
Also a simple photo of your passport and tkt (receipt) in front of the desk would be sufficient! :P
I'd imagine that, at least in any UK court, a passenger telling a district judge that they attempted to check in at the agreed time would be sufficient.
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Old Feb 14, 2015, 6:16 am
  #3717  
 
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Originally Posted by rachcollins
I'd imagine that, at least in any UK court, a passenger telling a district judge that they attempted to check in at the agreed time would be sufficient.
in fact! in those cases the good faith (bona fides) is presumed!
Paul4Travel is offline  
Old Feb 14, 2015, 6:20 am
  #3718  
 
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Originally Posted by FlyingLasse
-Food: They do serve caviar, so I guess the base level of costs is higher, but still below 500€ I guess
Caviar?! Yah maybe in 1985, but certainly not today.
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Old Feb 14, 2015, 6:28 am
  #3719  
 
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Originally Posted by LH4116
Caviar?! Yah maybe in 1985, but certainly not today.
Sorry, got mixed up with UA and LH
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Old Feb 14, 2015, 7:00 am
  #3720  
 
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Note: Please consider that with high probability, United is monitoring this thread, so please pay attention on what you post!
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