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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, 1:07 pm
  #3931  
 
Join Date: Feb 2015
Programs: united
Posts: 1,636
Originally Posted by Youngmiler
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.
Legally, in California, the gas station could attempt to collect the difference, under the doctrine of mistake.

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.
dilanesp is offline  
Old Feb 15, 2015, 1:20 pm
  #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. "
Sfuzzi is offline  
Old Feb 15, 2015, 1:27 pm
  #3933  
 
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Posts: 1,627
Originally Posted by sinus
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.
I would have sued them to the court. Thaye had to prove your bad faith and till that moment you had good chances to win the fight!

Originally Posted by UA1K_no_more
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?
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.

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.
Paul4Travel is offline  
Old Feb 15, 2015, 1:30 pm
  #3934  
 
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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
Nothing personal with you, of course.
But you don't know what you're talking about.
Paul4Travel is offline  
Old Feb 15, 2015, 1:35 pm
  #3935  
 
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Originally Posted by Paul4Travel
Anyway, IMHO the DoT will issue a favorable decision to UA just for the prbable pressure UA is going to put on the DoT.
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?
FlyingLasse is offline  
Old Feb 15, 2015, 1:38 pm
  #3936  
 
Join Date: Aug 2004
Posts: 1,006
Originally Posted by Paul4Travel
Nothing personal with you, of course.
But you don't know what you're talking about.
Probably it's because I'm not native speaker but that it's the term tha was used.
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?
maclover is offline  
Old Feb 15, 2015, 1:39 pm
  #3937  
 
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Originally Posted by scibuff
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).
percisely!^
Originally Posted by maclover
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
Again, you're confusing concepts.

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.
Originally Posted by Sfuzzi
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. "
^Good assumption, seems that the DoT is going to consider the matter only by a US point of view.
Paul4Travel is offline  
Old Feb 15, 2015, 1:40 pm
  #3938  
336
 
Join Date: Apr 2013
Posts: 1,443
Originally Posted by Paul4Travel

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.
Indeed, getting the ticket number is a very clear confirmation of the booking

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?
336 is offline  
Old Feb 15, 2015, 1:42 pm
  #3939  
hsk
 
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Originally Posted by ONTRandy
I am ... surprised at the degree of hostility, fervor and the conspiratorial and mob-like mentality that has presented here.
+1

And dilanesp, kudos for keeping calm and polite despite the mudslinging.
hsk is offline  
Old Feb 15, 2015, 1:43 pm
  #3940  
 
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Originally Posted by maclover
Probably it's because I'm not native speaker but that it's the term tha was used.
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?
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.
Paul4Travel is offline  
Old Feb 15, 2015, 1:48 pm
  #3941  
 
Join Date: Oct 2014
Location: Somewhere on the globe
Posts: 22
Originally Posted by Sfuzzi
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. "
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 selecting "Denmark" you still are on the same (American) site. There is no actual Danish site of United (United.dk is from an other user)
Dirk.On.Tour is offline  
Old Feb 15, 2015, 2:10 pm
  #3942  
 
Join Date: Aug 2004
Posts: 1,006
Originally Posted by Paul4Travel
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.
It was on tv too few days later and during the interview the gas station owner was saying that all but two "customers" went right back and paid in order for him to withdraw charges.
Local police officer was interviewed and claim that it was misappropriation as the gas station had clearly problems.
maclover is offline  
Old Feb 15, 2015, 2:12 pm
  #3943  
 
Join Date: Jan 2015
Location: LEJ
Posts: 35
Originally Posted by dirkOnTour
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)
The URL doesn't change at all - only if you change the language:

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" />
Since the URL doesn't change when English is selected, the flights are purchased from the same URL despite the country selection. Since the name and id that store the country as "DK" are both called "hdnPOS" (presumably hidden variable Point of Sale), we can conclude that the selection of a different country is merely a selection of your desired point of sale. Purchasing a flight where hdnPOS.val()=="DK" is the Danish-facing website, and hdnPOS.val()=="US" is the US-facing website.
littledubbs is offline  
Old Feb 15, 2015, 2:26 pm
  #3944  
 
Join Date: Mar 2014
Location: Londinium
Programs: BAEC
Posts: 930
Continued allegations of criminal behaviour by purchasers from people who are "simply trying to present an alternative point of view"

Sickening
SCSA is offline  
Old Feb 15, 2015, 2:27 pm
  #3945  
 
Join Date: Jul 2014
Location: WAW ✈ LHR ✈ GLA
Programs: BA GfL/GGL/CCR, HH Diamond, IHG Diamond Ambassador
Posts: 2,502
Originally Posted by IAN-UK
There's a difference ....
Now I see the difference, and thanks to this:

Originally Posted by seris7
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.
now I get, why he got his ticket cancelled!

Cheers ^
megaloman is offline  


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