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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 24, 2015, 10:30 am
  #5026  
 
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Never has a thread earned some many people the "Ignore" button.

This is far from over for UA. They may have succeeded in cancelling 1000s of tickets. But FOIA requests are popping up and I am certain 1-5 lawsuits will occur because of this.

I, for one, have cancelled a group ticket booking for $48,000. Not a big hit for UA, but it was easy money for them. If others do similarly and shift just a portion of their flying, UA may notice something.

I am not very upset that UA cancelled the tickets. I am upset about how they handled it. And that people will remember.

A famous black female poet once said: ( I am paraphrasing)... "People will forget what you did. People will forget what you said. But people will never forget how you made them feel.".
Deltahater is offline  
Old Feb 24, 2015, 10:39 am
  #5027  
 
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Originally Posted by SCSA
Richardd, the DOT said I acted in "bad faith". Bad Faith is a mental state. How can my mental state be one of desiring to defraud an airline, when I know the laws of my country allow me to do what I'm doing.

The DOt may lack the ability to enforce EU law, but it has to take that into account when making a sweeping generalisation like the one they did.

In the end, they didn't want to hold UA accountable for this. I get that. I get taking a common sense approach. I don't get making a flawed ruling in order to justify the action you wanted to take all along.
The DOT didn't say you acted in bad faith. It said "it does not intend to enforce the rule in question (the post-purchase price increase prohibition) when the fare offer is not marketed to consumers in the United States" and "This evidence of bad faith by the large majority of purchasers contributed to the Enforcement Office’s decision."

The sweeping generalization is treating you the same as those for whom it found evidence of bad faith. They clearly decided a sweeping generalization was more appropriate than an individualized approach. As I mentioned, this is not typical regulatory action.

I continue to believe EU citizens would do better appealing to EU authorities.
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Old Feb 24, 2015, 10:42 am
  #5028  
 
Join Date: Jul 2003
Posts: 462
Originally Posted by richarddd
UA's official statement:

On February 11, 2015, a currency exchange-rate error in 3rd party software supplied to United affected several thousand bookings on United's Denmark-facing website. Specifically, this error temporarily caused flights originating in the United Kingdom and denominated in Danish Kroners (DKK) to be presented at only a fraction of their intended prices. While United filed fares correctly, this software error caused amounts charged to be significantly lower than prices offered through all other distribution channels or available in any other currency.

United promptly voided transactions affected by this exchange rate error, reversed all associated charges and contacted customers directly through email and other methods. Customers should not have any resulting charges related to voided reservations nor should they need to take any proactive steps to seek a refund of charges.

The Office of Aviation Enforcement and Proceedings of the U.S. Department of Transportation (DOT) has informed United that it does not intend to pursue enforcement action in this matter. With the agreement of the DOT, this statement replaces the requirement to provide individual responses to those interested in this issue who have corresponded with the DOT or with United.

http://www.united.com/web/en-US/cont...ate-error.aspx
So that means, party is over?
Tazmania is offline  
Old Feb 24, 2015, 10:44 am
  #5029  
 
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EU regulation has no recourse for post-purchase fare increases. Member state regulators exist basically to assign landing slots and protect flag carriers. That has been well discussed. Our only hope is to appeal to the DOT on flights that touch their jurisdiction.

This won't help UA much with the Open Skies argument, either. "The Gulf carriers are unfair! BTW, non-US passengers booking with us for flights to the US have no rights"

Separate question, but has it been made clear why ex-UK fares in DKK were the only ones coming up like this? ex-Denmark fares certainly weren't showing that type of pricing.

Last edited by SCSA; Feb 24, 2015 at 10:51 am
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Old Feb 24, 2015, 10:53 am
  #5030  
 
Join Date: Dec 2003
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Originally Posted by SCSA
EU regulation has no recourse for post-purchase fare increases. Member state regulators exist basically to assign landing slots and protect flag carriers. That has been well discussed. Our only hope is to appeal to the DOT on flights that touch their jurisdiction.
If a sufficient number of EU citizens lobbied for regulation of post-purchase fare increases, perhaps the EU would adopt a regulation.

Politicians tend to respond those who elect them and those who funnel money their way. For an EU citizen, that's much more likely to be an EU politician than a US one.
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Old Feb 24, 2015, 10:57 am
  #5031  
 
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Aside from all the technicalities being discussed back and forth, does anyone who booked this feel like on the balance of things, at least from a non-legal point of view, that the outcome was probably fair (even if disappointing)?
Enigma368 is offline  
Old Feb 24, 2015, 10:59 am
  #5032  
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Ain't these government entities grand... Just make stuff up that's not in the rules when you don't want to enforce.

But let's fine LH for $13,000 because they had a web glitch where they displayed a different price on different screens, and where one person complained.
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Old Feb 24, 2015, 11:05 am
  #5033  
 
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Did anyone get their money back?
tanjatoffifee is offline  
Old Feb 24, 2015, 11:05 am
  #5034  
 
Join Date: Jan 2014
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Originally Posted by Adam1222
I have not received or read any communications from United. The only things I've read were (1) blogs posting this deal, (2) this thread, and (3) the DOT"s position.

I reached my conclusions entirely independently. Please do not insinuate otherwise. I have been a member of this community for nearly 6 years, and am not a pawn for any airline.


And to clarify, I *did* lie and say Denmark was my country of residence and use it incorrectly as my billing address in order to take advantage of this glitch. So my agreement with the DOT's conclusions regarding a fare that was only available to those who lived in Denmark or lied and said they lived in Denmark is not based on my own self-interest in anyway.

It's readily apparent that people aren't changing their minds as to whether they agree with the DOT's legal analysis or not.
Just to clarify, I was only stating a data point regarding this situation per a UAL employee. Not implying anyone of guilt. She also informed me this will be a non issue for them soon. They already have a lot of angry employees that are about to get even angrier. PR will have their hands full with this
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Old Feb 24, 2015, 11:07 am
  #5035  
 
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Originally Posted by SCSA
Richardd, the DOT said I acted in "bad faith". Bad Faith is a mental state. How can my mental state be one of desiring to defraud an airline, when I know the laws of my country allow me to do what I'm doing.
Did you believe it was a mistake when you booked it?
ONTRandy is offline  
Old Feb 24, 2015, 11:09 am
  #5036  
 
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Unfortunately that's not how the EU works (more like doesn't work).

For starters, there is no EU airline regulator. Changes to legislation covering airlines have to go through the European Commission, and if airlines don't honour their regulatory obligations, passengers have to resort to litigaton.
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Old Feb 24, 2015, 11:17 am
  #5037  
 
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Also, not a bad way to get a "payday" loan for an airline Post a stupid mistake fare, sell maybe some mid-six-figures, and return them zero-fees/interest after a month.
dera is offline  
Old Feb 24, 2015, 11:18 am
  #5038  
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Originally Posted by SCSA
and if airlines don't honour their regulatory obligations, passengers have to resort to litigaton.
That wasn't the intention... there is a governing body in each country that was supposed to enforce the EC261 regs. But airlines sabotaged the rules and those entities (sometimes non-governmental) got tired of fighting the airlines and just gave up. See the resemblance with the DOT ;-).

No real consumer protection anywhere with airfare. And that's a big factor why people like to stick it to airlines whenever they can.
RTW1 is offline  
Old Feb 24, 2015, 11:21 am
  #5039  
 
Join Date: Dec 2010
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Originally Posted by SCSA
However, it would be a massive opportunity for another carrier, such as that new La Compagnie, to say "show us your confirmation, and we'll fly you EWR-LTN for what you paid United plus taxes"

I'm just curious...

What target market would be those that jumped at a chance to forge an address, file frivolous complaints to DOT, and threaten law suits?

I'm sure these would be highly sought-after, potentially profitable customers.
Jesperss is offline  
Old Feb 24, 2015, 11:21 am
  #5040  
 
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Originally Posted by ONTRandy
Did you believe it was a mistake when you booked it?
The passenger's belief in the accuracy of the fare is not dispositive. Customers are entitled to assume that the posted price is what the seller is intending to charge. As long as the fare rules are being met, the customer does not owe you or the airline, an explanation of his mental process.

I accurately posted my home address, city and post code. There is no city called London in Denmark, and the post codes are in a completely different format. Some did, but I personally made no effort to conceal that I live in the UK.

Instead I relied on the very first thing the EU tell you on their passenger rights webpage:

Firstly, you may not be charged a higher price for a ticket because of your nationality or where you are buying the ticket from.

No lying. No bad faith.
SCSA is offline  


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