Feb 11, 2015, 11:49 am
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
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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
Feb 16, 2015, 3:47 am
#4006
Join Date: Sep 2006
Location: ZRH
Programs: M&M SEN (*G), HH Diamond
Posts: 2,418
"Here's my money, Here's what I want, do you want to close this deal or not?" If you want to think about it for a while, do so and let me know. United took a while to think, saying that it may take up to an hour to "decide". They decided before taking my money and now the the deal is done. It wasn't an instantaneous transaction, United advised my that it may take a while to finalize. I waited until my ticket was confirmed, I'm not sure what is left to discuss.
united.com Codeshare Flight Ticketing Delay
Dear Mr. Goliath,
This notification is being sent to you because one or more flight segments associated with the confirmation shown above is on a codeshare partner(s). This itinerary will remain in effect for 24 hours through Thu., 12 Feb., 2015. Once our codeshare partner accepts this reservation your fare will be guaranteed, your ticket will be issued with the form of payment authorized and a receipt will be sent to you.
Dear Mr. Goliath,
This notification is being sent to you because one or more flight segments associated with the confirmation shown above is on a codeshare partner(s). This itinerary will remain in effect for 24 hours through Thu., 12 Feb., 2015. Once our codeshare partner accepts this reservation your fare will be guaranteed, your ticket will be issued with the form of payment authorized and a receipt will be sent to you.
As justind said:
Feb 16, 2015, 4:02 am
#4007
Join Date: Jul 2014
Location: ARN
Programs: SAS EBG, HHonors Diamond, AirBerlin Gold, etc
Posts: 20
Feb 16, 2015, 4:12 am
#4010
Join Date: Dec 2003
Location: NYC
Posts: 6,436
For example: "There is no private right of action for violation of the DOT’s consumer protection regulations. So passengers cannot sue the airline themselves and instead must rely on the DOT to enforce the rules."
http://www.americanbar.org/publicati...assengers.html
When did this change?
Feb 16, 2015, 4:27 am
#4011
Join Date: Feb 2015
Posts: 12
Please give more information. The last time I looked, individuals could not sue for violations of DOT rules.
For example: "There is no private right of action for violation of the DOT’s consumer protection regulations. So passengers cannot sue the airline themselves and instead must rely on the DOT to enforce the rules."
http://www.americanbar.org/publicati...assengers.html
When did this change?
For example: "There is no private right of action for violation of the DOT’s consumer protection regulations. So passengers cannot sue the airline themselves and instead must rely on the DOT to enforce the rules."
http://www.americanbar.org/publicati...assengers.html
When did this change?
" This leaves consumers and their attorneys with just one remaining cause of action: breach of contract—specifically, breach of the completely one-sided, adhesive Contract of Carriage. On average, legitimately harmed passengers are able to get their money back in small claims court for breach of contract. Unfortunately, small claims court does not offer the remedies consumers and attorneys generally hope for, such as reimbursement of attorney fees, emotional distress damages, and punitive damages. "
Feb 16, 2015, 5:24 am
#4012
Join Date: Nov 2014
Location: BQH
Programs: United Airlines F for Fudge You Fanclub
Posts: 40
Let's assume I have a Picasso which is worth $10,000.
I know that my Picasso is worth $10,000 yet miss a zero off the contract and agree to sell it for $1,000
Unilateral Mistake = Contract Void
I don't know my Picasso is worth $10,000, I undervalue it and agree to sell it for $1,000.
I've made a Bad Bargain = Contract Valid
I know my Picasso is worth $10,000, I think that a Banana is worth $10,000, despite knowing that the Picasso is worth $10,000 and his Banana isn't worth $10,000 Mr X agrees to exchange it for my Picasso.
I've made a Bad Bargain = Contract Valid
I decide to sell my Picasso in Denmark I know it has a value of $10,000, my agent in Demark advises that they can sell the painting for 1DKK, a miscalculation is made and I think that 1DKK=$10,000, I agree to the sale.
Has my reliance on incorrect information meant that I have assumed some risk, have I mistaken the value of my painting undervalued it and made a bad bargain.
Feb 16, 2015, 5:58 am
#4014
Suspended
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
I'm not moved by attempts to argue by analogy, but I know someone who lost a lost of money in the financial markets as a retail investor because the sequence of orders the investor gave relied upon leaving a few digits out on the basis of reliance on mistaken forex calculations. The investor got financially wiped out and the financial institution and the federal regulators wouldn't do anything about it despite the mistake and the obvious fact that the person was extended extra financial leverage over what was allowed under the regulatory rules applicable to broker-dealers and other financial intermediaries. It's circumstances like that which have me saying UA should own its mistake -- a mistake fare it can own more easily than the small fish in the big financial ponds.
Feb 16, 2015, 6:11 am
#4015
Join Date: Aug 2004
Location: London, England
Programs: BA Silver
Posts: 3,772
Was just about to post the same thing. Until we hear from the DOT or anything further from UA, everything else is just an argument waiting to happen.
Feb 16, 2015, 6:20 am
#4017
Suspended
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
Not necessarily. Isn't there more than just one person who has been or will be at LHR trying to check in today? There have been such check-in attempts going on Friday, Saturday and Sunday.
Feb 16, 2015, 6:23 am
#4018
Join Date: Jun 2013
Location: Somewhere between if and else
Posts: 142
Final results are now online:
https://www.farefreaks.com/uaincident/results.php
Thank you for feeding your data!
https://www.farefreaks.com/uaincident/results.php
Thank you for feeding your data!
Feb 16, 2015, 6:24 am
#4019
Join Date: Jun 2010
Location: Citizen of the World
Programs: UA Platinum, AA Platinum, KLM Gold, IHG Ambassador, Hilton Diamond, Marriott Platinum
Posts: 41
Agree. We haven't heard much from those who attempted to check in and fly over the weekend on this deal.
Feb 16, 2015, 6:25 am
#4020
FlyerTalk Evangelist
Join Date: Mar 2005
Location: 60137
Posts: 10,498
Reading the arguments here from noobes and "long time lurker/first time poster" helps me decide whether I want to waste my time/brain cells on anything they post in the future.