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[PREM FARE GONE] UA: NCL-EWR 600 DKK (mistaken fare) DOT ruled; see wiki for link

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!
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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.
-----
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

Old Apr 16, 2015, 8:13 pm
  #5251  
 
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And many people who purchased a ticket likely never complained to the DOT. I purchased tickets for myself and 4 others in my family, but never bothered filing a DOT complaint.
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Old Apr 18, 2015, 9:18 am
  #5252  
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So is anyone EU based filing any lawsuits/claims against UA?
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Old Apr 20, 2015, 2:39 pm
  #5253  
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Originally Posted by jason8612
So is anyone EU based filing any lawsuits/claims against UA?
Have you tried to log into United.com from the same IP address in Denmark or elsewhere close by in Europe as was used to book these tickets? Today, I keep being unable to connect to United.com.

Edit: it started to work again.

Last edited by GUWonder; Apr 21, 2015 at 1:07 am
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Old Apr 21, 2015, 8:02 pm
  #5254  
 
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Originally Posted by amejr999
The DOT report on complaints from February 2015 came out a few days ago:

http://www.dot.gov/sites/dot.gov/fil...prilATCR_1.pdf

Take a look at page 41. This was far more widespread than I had realized-- there were over 15K DOT complaints on the error fare. Even if you assume that each complaint was only for one ticket (doubtful), and everyone who bought a ticket made a complaint (also doubtful), that's an enormous number of people impacted.
Wow. So, 35,000 tickets is totally within the realm of possibility. This would have been a well over $100 Million mistake.
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Old Apr 23, 2015, 3:27 pm
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wrong place - deleted

Last edited by jumboluck; Apr 23, 2015 at 4:01 pm
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Old Apr 30, 2015, 9:57 am
  #5256  
 
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I am contemplating just emailing the board members a few times until I get a reply.
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Old May 10, 2015, 10:16 pm
  #5257  
 
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The other shoe just dropped:

http://www.dot.gov/sites/dot.gov/fil...t_05082015.pdf

The new policy is that mistaken fares aren't honored, but the airline has the burden of showing a mistake and has to pay reasonable out of pocket costs of consumers.
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Old May 11, 2015, 12:17 am
  #5258  
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Originally Posted by dilanesp
The other shoe just dropped:

http://www.dot.gov/sites/dot.gov/fil...t_05082015.pdf

The new policy is that mistaken fares aren't honored, but the airline has the burden of showing a mistake and has to pay reasonable out of pocket costs of consumers.
Kindly discuss the DOT Notice in the dedicated thread.

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Old May 12, 2015, 8:44 am
  #5259  
 
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Received an envelope from the DOT in response to my FOIA request. Nothing much of interest, though I will try and upload all the documents somewhere for all those interested. As expected, they redacted almost everything on the basis of exemptions, 4, 5, and 6.

I filed an appeal already challenging their basis for the redaction, and I believe it has merit. Will update once I hear back on that as well.

Of interest, they included several pages of flyertalk comments, some on here are famous! The word "mistake" should be censored on here like all the profanity...
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Old May 12, 2015, 8:09 pm
  #5260  
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Mine arrived yesterday.

http://upgrd.com/matthew/foia-reques...take-fare.html (per FT rules, a link to my own blog)

Ridiculous that the UA legal argument is totally redacted...
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Old May 12, 2015, 8:49 pm
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Originally Posted by MatthewLAX
Mine arrived yesterday.

http://upgrd.com/matthew/foia-reques...take-fare.html (per FT rules, a link to my own blog)

Ridiculous that the UA legal argument is totally redacted...
The redaction of UA's complete argument is 100% not acceptable. Even confidential gov't documents include some sentences here and there.

UA's argument is sooooo brilliant no one can see a single sentence?!?!?
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Old May 12, 2015, 9:34 pm
  #5262  
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I'm just curious how exceptions 4, 5 and 6 work in the context of UA's representations to DOT in regards to the Great Dane mistaken fare.

When you're dealing with 15K complanants you hardly get to use personal data. So (6) is a red herring.

With the possible exception of discussion about how its ticketing systems work and/or were exploited, its programmes to detect and avoid mistaken fares and/or its revenue policy in general, I don't see what trade secrets under (4) are being divulged here - certainly not warranting a full redaction under exception (4).

I'm not sure what privilege you can claim when you make a representation to a government agency. Advice from UA's lawyers to UA is privileged, advice from DOT's lawyers to DOT is privileged, how is a representation from a regulated entity to its regulator privileged? I'm not getting how exception (5) works.

This is just a lay, foreign opinion of mine. But I will be interested to see anyone here (come on, there's gotta be some lawyers in the 15K complainants) who will be bothered to take DOT to court to challenge its redactions. It has "dare you to sue me" written all over it.
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Old May 13, 2015, 9:07 am
  #5263  
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Did anyone go the EU compensation route for flights departing within 14 days?
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Old May 13, 2015, 9:29 am
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This will forever be known as the straw that broke the camel's back.
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Old May 15, 2015, 1:41 pm
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Originally Posted by skunker
This will forever be known as the straw that broke the camel's back.
What do you mean by that?
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