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
-------
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
#3931
Join Date: Feb 2015
Programs: united
Posts: 1,636
If a gas station says $2.60 for a gallon of regular on the sign, but the pump has an error and only charges me 6 cents per gallon, the gas station can't ask me to pay the difference or have me return the gas after the sale is complete. Now lets say a foreigner didn't have a US Credit card and paid with a European card to get the gas, the gas station wouldn't have any recourse as well.
No gas station would normally, but if you brought in 700 gas cans and filled them all up....
Again though, one notable thing about the DOT rule is it departs from this rule. Airlines are at least required to honor some mistakes under some circumstances.
#3932
Join Date: Jun 2014
Posts: 21
Since we are beating this to death
and not sure if this was mentioned.
Does anyone else find it curious that the DOT refers to United "Danish-facing website"? I don't really know that is supposed to mean. I was looking at fares in Danish currency but it certainly appears to be on the US website.
What in the heck is a "Danish-facing website"?
From DOT
"The Department of Transportation is aware of an issue involving mistaken fares on United Airlines’ Danish-facing website. "
Does anyone else find it curious that the DOT refers to United "Danish-facing website"? I don't really know that is supposed to mean. I was looking at fares in Danish currency but it certainly appears to be on the US website.
What in the heck is a "Danish-facing website"?
From DOT
"The Department of Transportation is aware of an issue involving mistaken fares on United Airlines’ Danish-facing website. "
#3933
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
In your example, the customer has already received the goods. That is not the case with the tickets.
A fairer comparison would be if a company offers the right to fill your tank at a defined time in the future, but because of an obvious pricing error, the future gas is offered at a price that everyone agrees is a mistake.
Before it is your time to fill the tank, the company realizes its mistake and cancels your order. Do you think you have a good legal justification to be able to fill your tank for 6 cents per gallon in the future?
A fairer comparison would be if a company offers the right to fill your tank at a defined time in the future, but because of an obvious pricing error, the future gas is offered at a price that everyone agrees is a mistake.
Before it is your time to fill the tank, the company realizes its mistake and cancels your order. Do you think you have a good legal justification to be able to fill your tank for 6 cents per gallon in the future?
Needless to say that the customer consent has been expressed when the payment has been completed while UA's consent has been expressed when it issued the ticket.
Anyway, IMHO the DoT will issue a favorable decision to UA just for the prbable pressure UA is going to put on the DoT.
And to the ones who posted previous legal decisions, I want to highlight that other airlines have been obliged by the DoT to honor EF when airlines could have invoked the same principle and the same previous decisions.
#3934
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
But you don't know what you're talking about.
#3935
Join Date: Jun 2013
Location: FRA/MUC/NUE
Programs: M&M SEN, Starbucks Gold
Posts: 315
I find that quite interresting: So WHY would you think could UA put pressure on the DOT? Because it is a US Airline? Because if it would go bankruppt, the fed would need to save it, like it did before?
#3936
Join Date: Aug 2004
Posts: 1,006
And yes, people were found guilty by the judge as they took advantage of a broken/malfunctioning gas pump.
How can you come to the conclusion that I don't know what I'm talking about?
#3937
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
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
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
In that case it was clear that the fact that was happening was against the voluntary of the security truck/bank.
Here UA, issuing the tkt has accepted the agreement, even if it was an automatic issue. And eventually, if UA invoke its lack of awareness, it's more easy to demonstrate its absolute negligence.
and not sure if this was mentioned.
Does anyone else find it curious that the DOT refers to United "Danish-facing website"? I don't really know that is supposed to mean. I was looking at fares in Danish currency but it certainly appears to be on the US website.
What in the heck is a "Danish-facing website"?
From DOT
"The Department of Transportation is aware of an issue involving mistaken fares on United Airlines’ Danish-facing website. "
Does anyone else find it curious that the DOT refers to United "Danish-facing website"? I don't really know that is supposed to mean. I was looking at fares in Danish currency but it certainly appears to be on the US website.
What in the heck is a "Danish-facing website"?
From DOT
"The Department of Transportation is aware of an issue involving mistaken fares on United Airlines’ Danish-facing website. "
#3938
Join Date: Apr 2013
Posts: 1,443
have you ever heard about contract that must be considered concluded when the consent has been expressed by the parts.
Needless to say that the customer consent has been expressed when the payment has been completed while UA's consent has been expressed when it issued the ticket.
And even when you consulted the united website for not yet ticketed reservations their own wording is "Your purchase is confirmed."
What else can that mean than that they confirm what I just purchased?
#3939
Join Date: Dec 2009
Location: MIL,LHR
Programs: *A, OW, Hyatt, Marriott
Posts: 374
#3940
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
You don't have to believe on what you read on italian newspapers; pretty often, journalists don't have a clue about what they're writing about, in particular when the write on legal matters.
#3941
Join Date: Oct 2014
Location: Somewhere on the globe
Posts: 22
and not sure if this was mentioned.
Does anyone else find it curious that the DOT refers to United "Danish-facing website"? I don't really know that is supposed to mean. I was looking at fares in Danish currency but it certainly appears to be on the US website.
What in the heck is a "Danish-facing website"?
From DOT
"The Department of Transportation is aware of an issue involving mistaken fares on United Airlines’ Danish-facing website. "
Does anyone else find it curious that the DOT refers to United "Danish-facing website"? I don't really know that is supposed to mean. I was looking at fares in Danish currency but it certainly appears to be on the US website.
What in the heck is a "Danish-facing website"?
From DOT
"The Department of Transportation is aware of an issue involving mistaken fares on United Airlines’ Danish-facing website. "
#3942
Join Date: Aug 2004
Posts: 1,006
I suppose you're referring to "Appropriazione Indebita" (art. 646 c.p.) correct?
You don't have to believe on what you read on italian newspapers; pretty often, journalists don't have a clue about what they're writing about, in particular when the write on legal matters.
You don't have to believe on what you read on italian newspapers; pretty often, journalists don't have a clue about what they're writing about, in particular when the write on legal matters.
Local police officer was interviewed and claim that it was misappropriation as the gas station had clearly problems.
#3943
Join Date: Jan 2015
Location: LEJ
Posts: 35
I think that the DOT means that United.com is an American website but has a selectionbutton which "suggest" you can switch to a site in Denmark. After selction Denmark you still are on the same (American) site. There is no actual Danish site of United (e.g. United.dk)
USA, English: http://www.united.com/web/en-US/default.aspx
Denmark, English: https://www.united.com/web/en-US/default.aspx
Germany, English: https://www.united.com/web/en-US/default.aspx
Germany, Deutsch: https://www.united.com/web/de-DE/default.aspx
Even then (as you said), you are still on the same website. The country and language selections are stored in the hidden vars:
Code:
<input type="hidden" name="hdnLangCode" id="hdnLangCode" value="en-US" /> <input type="hidden" name="hdnPOS" id="hdnPOS" value="DK" />
#3945
Join Date: Jul 2014
Location: WAW ✈ LHR ✈ GLA
Programs: BA GfL/GGL/CCR, HH Diamond, IHG Diamond Ambassador
Posts: 2,502
Now I see the difference, and thanks to this:
now I get, why he got his ticket cancelled!
Cheers ^
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.
Cheers ^