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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
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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.”
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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 19, 2015, 3:03 pm
  #4621  
 
Join Date: Dec 2005
Location: LRM
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Posts: 525
Originally Posted by dilanesp
Lawyers better than me were quoted in the Bloomberg article saying that the case turned on user conduct.
You made a critical point earlier, that is an inconvenient truth for some, that has been glossed over. IF (and it's a big "if") DOT rules in favor of UA and someone does elect to proceed with civil action against UA, hypothetical reasons for a behavior won't matter. Under oath, they will be asked why they actually engaged in the particular conduct they engaged in, in this particular case.

"How did you find out about this price?"
"Have you booked in DKK before?"
"Why did you book in DKK for this particular ticket?"

That said, I think DOT will be trying to find a way to simultaneously preserve protections it had in mind with the regulation, provide incentive to carriers to deploy industry/commercially reasonable technology systems to prevent presenting pricing errors, while disinsentivizing gaming of systems in order to obtain a pricing error. So, it will be fascinating to read their analysis and rational for whatever ruling they make.
ONTRandy is offline  
Old Feb 19, 2015, 3:04 pm
  #4622  
 
Join Date: Jan 2005
Posts: 54
Originally Posted by dilanesp
Lawyers better than me were quoted in the Bloomberg article saying that the case turned on user conduct.
1) I think if you look at the Bloomberg article, Anita Mosner who was quoted, really is nothing more than a stooge for the airlines themselves. Just look at her laughable record of defending airlines. She's practically built a career defending their monopolistic efforts. http://www.hklaw.com/Anita-Mosner/

2) She was quoted as saying "United may simply need to show that a customer misrepresented that his home country was Denmark". Again this shows a clear lack of understanding of basic e-commerce. There is no "home country" selector on the united.com website.
vision20 is offline  
Old Feb 19, 2015, 3:06 pm
  #4623  
 
Join Date: Aug 2011
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Posts: 1,658
Originally Posted by as219
Neither here nor there, but when you try to buy a ticket from A to B, both of which are in country 1, from the UA website in country 2, at the very end you get this message:



Putting aside the loaded term "manipulation," it seems to me UA can easily argue that unless your billing address actually is in Denmark, you shouldn't have had access to the DKK fare in the first place. Yes, I know things are "complicated" in Europe; and yes, I know many people have done this in the past without a hitch, so why does UA allow it if it's not "consistent" with their fare rules. But the fact one has gotten away with something doesn't make it UA's obligation to honor. I think this will get UA out of the vast majority of the tickets on this basis. That said, I don't think they have a leg to stand on with respect to folks with Danish billing addresses.

It will be interesting to see how things shake out...
...Unless you are non-Danish inside Denmark (vacation, work, etc) or VPN through Denmark for whatever reason (I use a VPN service for any wifi network outside my home, and I just pick a random city to use...could've easily picked Copenhagen that day) in which case the DKK price would've been displayed to you BY DEFAULT.

The point is, there are plenty of people for whom obtaining this fare required no manipulation whatsoever... even if you accept that changing currencies is manipulation (which I do not since air travel is an industry where it's often a better deal to pay in alternate currency). In fact, for these people, they'd have to manipulate the website in order to NOT pay in DKK.
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Old Feb 19, 2015, 3:10 pm
  #4624  
 
Join Date: Jan 2005
Posts: 54
Originally Posted by ONTRandy
You made a critical point earlier, that is an inconvenient truth for some, that has been glossed over. IF (and it's a big "if") DOT rules in favor of UA and someone does elect to proceed with civil action against UA, hypothetical reasons for a behavior won't matter. Under oath, they will be asked why they actually engaged in the particular conduct they engaged in, in this particular case.

"How did you find out about this price?"
"Have you booked in DKK before?"
"Why did you book in DKK for this particular ticket?"

That said, I think DOT will be trying to find a way to simultaneously preserve protections it had in mind with the regulation, provide incentive to carriers to deploy industry/commercially reasonable technology systems to prevent presenting pricing errors, while disinsentivizing gaming of systems in order to obtain a pricing error. So, it will be fascinating to read their analysis and rational for whatever ruling they make.
A slippery slope. Say the deal was only available to those with Firefox browsers. Would they then ask.
"How did you find out about this price?"
"Have you booked using a Firefox browser before?"
"Why did you book with a Firefox browser when you normally use IE?"

Do you see how absurd these types of arguments are? Does that then mean that only those who had booked in DKK in the past would get to fly? What if someone said 'I heard it was a sale only in DKK. I actually hadn't done the conversion from DKK to USD, but I heard it was a great deal so jumped on it.' Since he didn't "know" for certain it was a complete mistake fare, does that mean he gets to fly?

I keep saying...its a dead argument.
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Old Feb 19, 2015, 3:10 pm
  #4625  
 
Join Date: Mar 2014
Location: Londinium
Programs: BAEC
Posts: 930
Originally Posted by as219
Putting aside the loaded term "manipulation," it seems to me UA can easily argue that unless your billing address actually is in Denmark, you shouldn't have had access to the DKK fare in the first place. Yes, I know things are "complicated" in Europe; and yes, I know many people have done this in the past without a hitch, so why does UA allow it if it's not "consistent" with their fare rules. But the fact one has gotten away with something doesn't make it UA's obligation to honor. I think this will get UA out of the vast majority of the tickets on this basis. That said, I don't think they have a leg to stand on with respect to folks with Danish billing addresses.
.
Way off the mark with regards to EU citizens, who have the right to purchase items from any member state, regardless of whether they reside there

This isn't about it being "complicated" or people "getting away with it". It's about a law that applies to UA if it wishes to sell tickets within the EU.

If anything, UA have been and remain in violation of the law by "requiring" purchasers who want to pay in DKK to have a Danish billing address.
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Old Feb 19, 2015, 3:14 pm
  #4626  
 
Join Date: Dec 2005
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Posts: 525
Originally Posted by dilanesp
The thing is, that still refutes SCSA's point and makes mine, which is that whatever United says publicly, its lawyers are making a user conduct argument.
Yes they are, which will include the contents of this thread and wiki (including the FT handles and travel dates from the original version) as well as other sites that published this fare and instructions on how to obtain it. I suspect that they are also looking at normal booking volumes for DKK, and I suspect individual booking histories. They are absolutely trying to document that these tickets, for the most part, were not sold to John Q Public that just wanted to go from LHR to LAX, logged onto the site, plugged in his dates and found this fare.
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Old Feb 19, 2015, 3:15 pm
  #4627  
 
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Originally Posted by DC777Fan
...Unless you are non-Danish inside Denmark (vacation, work, etc) or VPN through Denmark for whatever reason (I use a VPN service for any wifi network outside my home, and I just pick a random city to use...could've easily picked Copenhagen that day) in which case the DKK price would've been displayed to you BY DEFAULT.

The point is, there are plenty of people for whom obtaining this fare required no manipulation whatsoever... even if you accept that changing currencies is manipulation (which I do not since air travel is an industry where it's often a better deal to pay in alternate currency). In fact, for these people, they'd have to manipulate the website in order to NOT pay in DKK.
The issue isn't "manipulation"; the issue is that UA is saying they set the prices based on your billing address, not the website you use or the way you VPN. The fact that the website defaults one way or another is irrelevant. The website asks you for your billing address. It is of course possible for someone to have multiple billing addresses, but my guess is that 99% of the people who booked this fare do not in any way, shape or form have a billing address in Denmark. Those people, I think, have a claim...
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Old Feb 19, 2015, 3:16 pm
  #4628  
 
Join Date: Jan 2005
Posts: 54
Originally Posted by DC777Fan
...Unless you are non-Danish inside Denmark (vacation, work, etc) or VPN through Denmark for whatever reason (I use a VPN service for any wifi network outside my home, and I just pick a random city to use...could've easily picked Copenhagen that day) in which case the DKK price would've been displayed to you BY DEFAULT.

The point is, there are plenty of people for whom obtaining this fare required no manipulation whatsoever... even if you accept that changing currencies is manipulation (which I do not since air travel is an industry where it's often a better deal to pay in alternate currency). In fact, for these people, they'd have to manipulate the website in order to NOT pay in DKK.
Agreed. ^ It's ridiculous to call, changing the country and purchasing in another currency manipulation. If that is the case then why doesn't United put controls in place to stop this from happening even today. Or is it only manipulation when they upload the wrong rates?

Let's say it's only manipulation when United uploads the incorrect rates. What's to stop United in the future, let's say when another country destabilizes and they are not quick enough to adjust the currency conversion. Can they then claim, "manipulation" and start voiding tickets at will? That would be hugely damaging to consumers, to give these airline carriers such ad-hoc powers to further breach and rescind contracts at will.
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Old Feb 19, 2015, 3:18 pm
  #4629  
 
Join Date: Dec 2005
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Posts: 525
Originally Posted by vision20
A slippery slope. Say the deal was only available to those with Firefox browsers. Would they then ask.
"How did you find out about this price?"
"Have you booked using a Firefox browser before?"
"Why did you book with a Firefox browser when you normally use IE?"

Do you see how absurd these types of arguments are? Does that then mean that only those who had booked in DKK in the past would get to fly? What if someone said 'I heard it was a sale only in DKK. I actually hadn't done the conversion from DKK to USD, but I heard it was a great deal so jumped on it.' Since he didn't "know" for certain it was a complete mistake fare, does that mean he gets to fly?

I keep saying...its a dead argument.
The inquiry will be limited to the facts of this particular case, not any number of hypotheticals, with the intent to prove that people knowingly took advantage of a mistake. That's the point that I think has been missed.
ONTRandy is offline  
Old Feb 19, 2015, 3:19 pm
  #4630  
 
Join Date: Mar 2014
Location: Londinium
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Posts: 930
Originally Posted by ONTRandy
Yes they are, which will include the contents of this thread and wiki (including the FT handles and travel dates from the original version) as well as other sites that published this fare and instructions on how to obtain it. I suspect that they are also looking at normal booking volumes for DKK, and I suspect individual booking histories. They are absolutely trying to document that these tickets, for the most part, were not sold to John Q Public that just wanted to go from LHR to LAX, logged onto the site, plugged in his dates and found this fare.
And if they look at mine they will see that I fly the route I book six times a year - out of my own pocket - and therefore I'm constantly searching for the best possible fare.
SCSA is offline  
Old Feb 19, 2015, 3:20 pm
  #4631  
 
Join Date: Dec 2008
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Posts: 5,164
Originally Posted by ONTRandy
and I suspect individual booking histories.
What are they and how does one go about finding them?
jms_uk is offline  
Old Feb 19, 2015, 3:36 pm
  #4632  
 
Join Date: Aug 2011
Location: ECP
Programs: DL Diamond
Posts: 1,658
Originally Posted by jms_uk
What are they and how does one go about finding them?
Assuming ONTRandy means that if you've booked 25 tickets on UA.com and 25/25 are booked from USA IP addresses, that you're not likely to be based in Denmark.

It's still not conclusive proof, though, as the pax could've purchased their ticket to Denmark with another carrier and been there, or, again, have a VPN through Denmark for any number of valid reasons.
DC777Fan is offline  
Old Feb 19, 2015, 3:37 pm
  #4633  
 
Join Date: Mar 2014
Location: KRK
Programs: HHonors Diamond, IHG Spire, OZ Diamond
Posts: 238
General view from Polish ff: "As a Pole I cannot book through Polish UA site cause they discriminate us with lack of it. So anytime I book with United I have to give a billing address other than Polish otherwise I won't be able to book. I usually put address of major airport of the country I chose this time"
hellosweets is offline  
Old Feb 19, 2015, 3:44 pm
  #4634  
 
Join Date: Mar 2005
Location: DEN
Programs: UA1K
Posts: 4,044
so one thing I have seen is this thread is people who purchase airline tickets in different currencies because sometimes it can be cheaper.

has anyone ever purchased a domestic ticket in the US in a foreign currency and found it to be cheaper than in $US?
haddon90 is offline  
Old Feb 19, 2015, 3:50 pm
  #4635  
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Posts: 102,095
Originally Posted by DC777Fan
...Unless you are non-Danish inside Denmark (vacation, work, etc) or VPN through Denmark for whatever reason (I use a VPN service for any wifi network outside my home, and I just pick a random city to use...could've easily picked Copenhagen that day) in which case the DKK price would've been displayed to you BY DEFAULT.

The point is, there are plenty of people for whom obtaining this fare required no manipulation whatsoever... even if you accept that changing currencies is manipulation (which I do not since air travel is an industry where it's often a better deal to pay in alternate currency). In fact, for these people, they'd have to manipulate the website in order to NOT pay in DKK.
UA messed up all (or most all) the tickets of those of us who booked this while in Denmark.
GUWonder is offline  


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