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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 15, 2015, 11:46 am
  #3916  
 
Join Date: Jun 2013
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Originally Posted by Steppo
Thank you all for your submission so far!
I have written the first summary now:
https://www.farefreaks.com/uaincident/results.php
But i could really need some submissions from the early adopters.
Great Job bro!
FlyingLasse is offline  
Old Feb 15, 2015, 11:50 am
  #3917  
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Originally Posted by megaloman
Either I don't understand English or I am missing something there.

EU261 applies for flight cancellation within 14 days before departure - if your ticket was cancelled 20h before departure I am pretty sure you would have gotten your compensation paid without any issues.
There's a difference ....
IAN-UK is offline  
Old Feb 15, 2015, 12:05 pm
  #3918  
 
Join Date: Nov 2014
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Originally Posted by Novemurr
Where's the ignore button so I don't have to see UA1K_no_more's posts anymore?
http://www.flyertalk.com/forum/profi...?do=ignorelist
wf789 is offline  
Old Feb 15, 2015, 12:07 pm
  #3919  
 
Join Date: Feb 2015
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How was I supposed to know this was a mistake fare? I present you with the following evidence that supports the fact that my tickets (LHR-EWR round trips in BusinessFirst at about $140 each) could well be the correct fare for the route.

LHR-EWR-HNL-EWR-LHR is pricing at about $4200 in Business/First

EWR-HNL-EWR is pricing at $3800 in Domestic First

LHR-EWR-HNL-EWR-LHR minus EWR-HNL-EWR equals LHR-EWR-LHR

$4200 minus $3800 equals $400

If I was only aware of the pricing of fares to HNL from various points it would be fair for me to assume that the normal pricing across the Atlantic was equal to the difference of ticket price between LHR-HNL and EWR-HNL.

That means my $140 tickets are a bit over half off the price they should be based on the above logic. Half off is not unusual for a sale fare.
HateUA is offline  
Old Feb 15, 2015, 12:14 pm
  #3920  
 
Join Date: Aug 2011
Posts: 469
Originally Posted by HateUA
How was I supposed to know this was a mistake fare? I present you with the following evidence that supports the fact that my tickets (LHR-EWR round trips in BusinessFirst at about $140 each) could well be the correct fare for the route.

LHR-EWR-HNL-EWR-LHR is pricing at about $4200 in Business/First

EWR-HNL-EWR is pricing at $3800 in Domestic First

LHR-EWR-HNL-EWR-LHR minus EWR-HNL-EWR equals LHR-EWR-LHR

$4200 minus $3800 equals $400

If I was only aware of the pricing of fares to HNL from various points it would be fair for me to assume that the normal pricing across the Atlantic was equal to the difference of ticket price between LHR-HNL and EWR-HNL.

That means my $140 tickets are a bit over half off the price they should be based on the above logic. Half off is not unusual for a sale fare.
Are you serious ?
I really hope you don't manage your own business
FFlyerCDG is offline  
Old Feb 15, 2015, 12:20 pm
  #3921  
 
Join Date: Mar 2014
Location: FCO
Posts: 249
They called it "fare misfile", but that was FD with 3x. I submitted claims to ECC (European Consumer Centre) but they were not helpful, advised to go legal way (suing OTA or airline). I gave up as ticketing carrier was non-EU.
If I correctly understood your message, you submitted a claim to ECC for a fuel dumped ticket. No wonder why fuel dumping is more and more difficult to find. Old school fuel dumpers would have never ever issued a claim for a fuel dumped ticket. In this case I would say that "sometime you win, sometime you loose" correctly apply.
seris7 is offline  
Old Feb 15, 2015, 12:25 pm
  #3922  
 
Join Date: Jun 2013
Posts: 194
Originally Posted by rachcollins
It doesn't ^

I suspect that United will be going back to contract basics and arguing ' unilateral mistake '

Hartog v Colin & Shields

Had Colin & Shields accepted payment and then shipped the Hare skins to Mr Hartog I doubt anyone would be familiar with the case
So instead of studying material relevant to my exams, I have now familiarized myself with the Hartog v Colin and Shields case. I also despise you for ruining my hopes of traveling LHR-ORD in first class.

BUT didn't United recently turn a mistake award fare into a mistake award fare sale? Also, I'd hate to see United hide behind rulings such as this every time they make a mistake. I agree with someone who doesn't like Delta that no other airline encountered this mistake because perhaps they paid to have these protections. Is it fair that United can cut those costs by just hiding behind such cases?
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Old Feb 15, 2015, 12:28 pm
  #3923  
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Originally Posted by maclover
It happened few weeks ago here in Milan.
Distributor was giving gas for free because of some issues and customers began filling their tanks.
The day after police, using plate numbers, police reported all people that abused the station for misappropriation
If the distributor was giving gas for free, where was the unlawful misappropriation? Or was it that they didn't pay the advertised price?

A few years ago there was a fueling station in some rural area that was selling cheap gas and then giving away the last amounts for free. There was no unlawful misappropriation at all, as it was a way to reduce the shutting down costs for a fueling station that was being shut down in short order.

In this case, as in what I mention in the prior paragraph, customers paid the advertised price. Paying with valid funds to buy a legitimate good/service at the price advertised at the start by the supplier is not unlawful misappropriation in any jurisdiction in which I reside.
GUWonder is offline  
Old Feb 15, 2015, 12:34 pm
  #3924  
 
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Originally Posted by htran88
So instead of studying material relevant to my exams, I have now familiarized myself with the Hartog v Colin and Shields case. I also despise you for ruining my hopes of traveling LHR-ORD in first class.

BUT didn't United recently turn a mistake award fare into a mistake award fare sale? Also, I'd hate to see United hide behind rulings such as this every time they make a mistake. I agree with someone who doesn't like Delta that no other airline encountered this mistake because perhaps they paid to have these protections. Is it fair that United can cut those costs by just hiding behind such cases?
I'm not suggesting they'll be successful, just that it seems likely that the topic will pop up while they're discussing things with DoT.
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Old Feb 15, 2015, 12:47 pm
  #3925  
 
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Originally Posted by HateUA
How was I supposed to know this was a mistake fare? I present you with the following evidence that supports the fact that my tickets (LHR-EWR round trips in BusinessFirst at about $140 each) could well be the correct fare for the route.

LHR-EWR-HNL-EWR-LHR is pricing at about $4200 in Business/First

EWR-HNL-EWR is pricing at $3800 in Domestic First

LHR-EWR-HNL-EWR-LHR minus EWR-HNL-EWR equals LHR-EWR-LHR

$4200 minus $3800 equals $400

If I was only aware of the pricing of fares to HNL from various points it would be fair for me to assume that the normal pricing across the Atlantic was equal to the difference of ticket price between LHR-HNL and EWR-HNL.

That means my $140 tickets are a bit over half off the price they should be based on the above logic. Half off is not unusual for a sale fare.
Thanks for providing a little levity to this thread.
6rugrats is offline  
Old Feb 15, 2015, 12:48 pm
  #3926  
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Originally Posted by Steppo
Thank you all for your submission so far!
I have written the first summary now:
https://www.farefreaks.com/uaincident/results.php
But i could really need some submissions from the early adopters.
I just submitted our data.

Thanks for your analysis.
sonofzeus is offline  
Old Feb 15, 2015, 12:52 pm
  #3927  
 
Join Date: Feb 2015
Programs: united
Posts: 1,636
Originally Posted by sleeplessinNL
Dont we just love people like Dilanesp

He says he is a long time lurker. However, after a long term hiatus he joins FT in Feb, and only to post on this NCL-EWR thread. All his posts are confined to this thread.

Thats beautiful!
I read flyertalk every day. This is the first discussion where I thought I had a perspective to contribute.
dilanesp is offline  
Old Feb 15, 2015, 1:01 pm
  #3928  
 
Join Date: Feb 2015
Programs: united
Posts: 1,636
Originally Posted by Deltahater
Please quote where I claimed that I was in or even near Denmark.
This is why you have no credibility on this board. You just make stuff up.
I respect that some people believe that UA should not be forced to honor the tickets. No problem.
The issue arises when people ignore the rule 399.88, invent rules about credit card mailing addresses or (country of residence like our good friend Michael Sasso from Bloomberg), or simply make up crap to further their point.

But please address this point:

ITA and several airlines had the same "glitch". Other airline's had safeguards in place to prevent tickets from being issued. UA did not.
This tells me that there are ways to stop the glitch from leading to tickets being issued. It also tells me that UA either decided to not put in the safeguards or they forgot.
When you make bad decisions, there should be consequences.
Why should UA, who has a loooong history of bad IT, not finally be held responsible for their failures? Unless UA experiences a substantial financial hit, they will never wake up and build a reliable, dependable website that provides true, accurate travel information.
The doctrines of fraud and mistake permit sellers to sometimes rescind contracts where the price was clearly not the intended price. Neither of those doctrines require or even ask whether the seller was not negligent. Indeed, almost all of these cases involve seller negligence.

Having said that, the DOT rule, where applicable, departs from the common law rule that mistakes in contracting can give rise to rescission. But the DOT rule also does not ask if the carrier was negligent.

United Airlines' negligence may sound like a good talking point, it is irrelevant to the issue.
dilanesp is offline  
Old Feb 15, 2015, 1:04 pm
  #3929  
 
Join Date: Jul 2013
Location: BTS
Posts: 611
Originally Posted by rachcollins
I'm not suggesting they'll be successful, just that it seems likely that the topic will pop up while they're discussing things with DoT.
A big difference between this "mistake" and Hartog v Colin & Shields is that in Hartog v Colin & Shields the correct price was previously agreed upon (orally).
scibuff is offline  
Old Feb 15, 2015, 1:07 pm
  #3930  
 
Join Date: Aug 2004
Posts: 1,006
Originally Posted by GUWonder
If the distributor was giving gas for free, where was the unlawful misappropriation? Or was it that they didn't pay the advertised price?

A few years ago there was a fueling station in some rural area that was selling cheap gas and then giving away the last amounts for free. There was no unlawful misappropriation at all, as it was a way to reduce the shutting down costs for a fueling station that was being shut down in short order.

In this case, as in what I mention in the prior paragraph, customers paid the advertised price. Paying with valid funds to buy a legitimate good/service at the price advertised at the start by the supplier is not unlawful misappropriation in any jurisdiction in which I reside.
I guess for the same reason why people got prosecuted in HKG after picking up money falling from a security truck: to my knowledge in HKG they use the English law system.

Still, according to some here, people were entitled to those money because they were coming from evil bank corporation and the security company should have put more proper measures in place
maclover is offline  


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