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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
FlyerTalk Forums Expert How-Tos and Guides
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, 8:04 pm
  #3826  
 
Join Date: Jan 2013
Location: Chicago
Posts: 425
Originally Posted by dilanesp
Instead of worrying about my credentials, I would suggest you call up a contracts professor at your local law school, or pick up a copy of Corbin on Contracts at your local law library, or contact a lawyer who practices in this area of law.

The mindset you are expressing is extremely conspiratorial, like I am out to get you rather than being a person who has an opinion about some legal arguments and is posting it on a message board.

I suspect you and a few other people are likely in for a nasty shock of reality, as non-lawyers often experience when they discover that the too cute by half arguments and justifications they come up with aren't persuasive to the people who matter.

But I would urge you- conspiracy theories are almost always wrong. But worse than being wrong, they lead you away from the truth. As I said, if I were really wrong, it would be easy enough to establish that fact without making this personal and an organized conspiracy generated by an airline. I encourage you to consult reliable sources and get yourself some good information if you really want to know if your position has merit.
For the love of humanity, please go away.

Your brand of sanctimony is neither wanted nor needed here.
Andrea Waters is offline  
Old Feb 14, 2015, 8:07 pm
  #3827  
 
Join Date: Feb 2015
Programs: united
Posts: 1,636
Originally Posted by Andrea Waters
For the love of humanity, please go away.

Your brand of sanctimony is neither wanted nor needed here.
I hardly think "go get a real legal opinion from an expert if you don't believe me" is sanctimonious.
dilanesp is offline  
Old Feb 14, 2015, 8:17 pm
  #3828  
 
Join Date: Nov 2010
Location: Atlanta, GA / San Francisco, CA
Programs: BA Gold, TK Elite Plus
Posts: 1,150
Originally Posted by josephstern
That last part isn't true in many/most cases.

AVS (address verification system) is still alive and well for many online transactions.
What part of the AVS verification verifies your country?
What difference does the AVS see with these two addresses:

10 Main Street, Podunk, 12345, CA, USA
and
10 Denmarkstreet, Copenhagen, 12345 DK?

Hint: Nothing at all.
dera is offline  
Old Feb 14, 2015, 8:24 pm
  #3829  
 
Join Date: May 2008
Location: BOS/SIN
Programs: SQ
Posts: 2,704
This whole thread has basically told me that no one, not even myself, has any idea what they are talking about.

The lawyers have figured out nothing. The Bloomberg guy has no idea what he is talking about. The blogs are just speculating based on how many of these tickets they booked.

I'm just mad because I only have 2 hours left to send in my WU payments
benzemalyonnais is offline  
Old Feb 14, 2015, 8:39 pm
  #3830  
 
Join Date: Dec 2004
Programs: UA-1K, MM, Hilton-Diamond, Marriott-Titanium
Posts: 4,431
Enough! I said it before and I will say it again. Shakespeare was right. The back and forth from all the legal eagles on here demonstrates that. Do you all realize how obnoxious and pedantic you all sound? You can blather on all you want and it doesn't matter. We all have to wait until the DOT decides something so please, just stop the armchair analysis.
cruisr is offline  
Old Feb 14, 2015, 8:41 pm
  #3831  
 
Join Date: Jul 2009
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Posts: 1,628
Originally Posted by Andrea Waters
For the love of humanity, please go away.
Why should he? Because you don't like what he says?

Originally Posted by Andrea Waters
Your brand of sanctimony is neither wanted nor needed here.
You're free to put him on ignore if he bothers you that much.
LETTERBOY is offline  
Old Feb 14, 2015, 8:44 pm
  #3832  
Suspended
 
Join Date: Dec 2014
Posts: 8,460
Originally Posted by LETTERBOY
Why should he? Because you don't like what he says?



You're free to put him on ignore if he bothers you that much.
We're all familiar with the ignore feature. We don't need a reminder. Don't be obtuse.
TMM1982 is offline  
Old Feb 14, 2015, 9:03 pm
  #3833  
 
Join Date: Dec 2010
Posts: 1,310
United should just send refund checks to everyone's billing address they used on the reservation.

That would be fair, right?
Jesperss is offline  
Old Feb 14, 2015, 9:03 pm
  #3834  
 
Join Date: Aug 2011
Location: ECP
Programs: DL Diamond
Posts: 1,658
It may be helpful to add to the wiki for those who might know it previous mistake fare DOT response times... I'd do it myself, but sadly I don't remember...
DC777Fan is offline  
Old Feb 14, 2015, 9:04 pm
  #3835  
 
Join Date: Mar 2011
Location: NY, NY
Posts: 695
Originally Posted by cruisr
Enough! I said it before and I will say it again. Shakespeare was right. The back and forth from all the legal eagles on here demonstrates that. Do you all realize how obnoxious and pedantic you all sound? You can blather on all you want and it doesn't matter. We all have to wait until the DOT decides something so please, just stop the armchair analysis.
OT, but are you referring to the oft-quoted Shakespeare line, "Kill the Lawyers" ?

If so, then I would say that that line is misunderstood. Here is a concise explanation of that line

http://www.nytimes.com/1990/06/17/ny...ed-599990.html
ukinny2000 is offline  
Old Feb 14, 2015, 9:54 pm
  #3836  
 
Join Date: Mar 2014
Location: Londinium
Programs: BAEC
Posts: 930
Friends, the trolls have been sent to this thread with the specific remit of extracting information from purchasers and scaring as many of us as possible into dropping our claim.

Every time you engage one of them you give the troll yet another opportunity to do so.

DO NOT FEED
SCSA is offline  
Old Feb 14, 2015, 10:09 pm
  #3837  
FlyerTalk Evangelist
 
Join Date: Mar 2005
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Posts: 10,498
Originally Posted by SCSA
Friends, the trolls have been sent to this thread with the specific remit of extracting information from purchasers and scaring as many of us as possible into dropping our claim.

Every time you engage one of them you give the troll yet another opportunity to do so.

DO NOT FEED
wise words.
How is your bronchitis?
sonofzeus is offline  
Old Feb 14, 2015, 11:16 pm
  #3838  
 
Join Date: Jul 2009
Location: World
Posts: 1,647
Planning to attempt checkin today after receiving the expected "We are unable to complete the check-in process at this time. Please proceed to the airport for assistance." from the UA site.

Any suggestions for documentation to request assuming that I'm not able to board?
mster is offline  
Old Feb 14, 2015, 11:29 pm
  #3839  
 
Join Date: Jan 2014
Location: DUS
Programs: DL, HHonors, Bonvoy, Hyatt
Posts: 2,072
Originally Posted by dera
What part of the AVS verification verifies your country?
You've mentioned this multiple times, but the fact is that post codes in DK are four digits, whereas in the US they are five, so for the match to work for a US CC it's obvious that a "false" DK address was entered.
EZEDoesIt is offline  
Old Feb 14, 2015, 11:54 pm
  #3840  
 
Join Date: Oct 2012
Posts: 8
Originally Posted by Jesperss
United should just send refund checks to everyone's billing address they used on the reservation.

That would be fair, right?
Absolutely, as here in the EU, cheques are only known and used in the UK and IE Other parts - not used at all (never been really), as it is a very old, and unsecure method of payment. But yeah - such a good idea to UA verify those addresses for real

Last edited by Megnezzuk; Feb 15, 2015 at 1:26 am
Megnezzuk is offline  


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