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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 May 15, 2015, 2:06 pm
  #5266  
 
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Originally Posted by Oliveredmunds
What do you mean by that?
See http://www.flyertalk.com/forum/milea...ken-fares.html
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Old May 16, 2015, 1:47 am
  #5267  
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Originally Posted by Oliveredmunds
What do you mean by that?
Just in case you simply don't understand the idiom ....

http://idioms.thefreedictionary.com/...mel's+back




(Though I guess the UA fiasco was more a tree trunk than a straw )
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Old May 16, 2015, 2:45 pm
  #5268  
 
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Thank you, never saw that before today!
Oliveredmunds is offline  
Old May 18, 2015, 11:15 am
  #5269  
 
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Hey, I couldn't figure out how to post the docs I got, likely very similar to the one above, but www.freequentflyerbook.com posted them for me on his site today. (No idea on the FT policy on this, I couldn't figure out how to upload them so I asked him to do it)

My appeal, which attempts to refute the claims on 4, 5, and 6 is included on there.
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Old May 27, 2015, 12:43 pm
  #5270  
 
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Delete

Last edited by Oliveredmunds; May 27, 2015 at 3:07 pm Reason: Delete
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Old May 27, 2015, 2:25 pm
  #5271  
 
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Maybe you should remove your full name, address, e-mail address as well as the name of the Ms. that was going to join you on your travels from the document. @:-)

It could also be that the lawyer doesn't like to read their full name, address, e-mail address, direct phone numer and ref # of your case published online.
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Old May 27, 2015, 3:07 pm
  #5272  
 
Join Date: Nov 2014
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Originally Posted by goliath
Maybe you should remove your full name, address, e-mail address as well as the name of the Ms. that was going to join you on your travels from the document. @:-)

It could also be that the lawyer doesn't like to read their full name, address, e-mail address, direct phone numer and ref # of your case published online.
I spent a good hour editing it before I published it but it appears it didn't convert correctly. Hence I have deleted the post.
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Old May 27, 2015, 4:34 pm
  #5273  
 
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Originally Posted by Oliveredmunds
I spent a good hour editing it before I published it but it appears it didn't convert correctly. Hence I have deleted the post.
it's very interesting!
just try to hide name and personal details and post it again pls!
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Old May 28, 2015, 8:16 am
  #5274  
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Originally Posted by Paul4Travel
it's very interesting!
just try to hide name and personal details and post it again pls!
Having seen it before it was removed I'd say that it was pretty much a legal recounting of why UA thinks there was absolutely no claim -- and how if the recipient decides to appeal UA might just ntify the relevant authorities of what it believes to be fraud in such a claim (DK address supplied). It reminded me of this scene in Charlie and the Chocolate Factory.
In other words, UA is saying, "YOU LOSE!"
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Old May 28, 2015, 11:49 am
  #5275  
 
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Originally Posted by Xyzzy
Having seen it before it was removed I'd say that it was pretty much a legal recounting of why UA thinks there was absolutely no claim -- and how if the recipient decides to appeal UA might just ntify the relevant authorities of what it believes to be fraud in such a claim (DK address supplied). It reminded me of this scene in Charlie and the Chocolate Factory.YOU LOSE! In other words, UA is saying, "YOU LOSE!"
mmmmmh! ah ah ah!
and on which country will (eventually) UA notify the fraud to the authorities?
I mean, Oliverdmunds will eventually be prosecuted in which country?
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Old May 28, 2015, 11:58 am
  #5276  
 
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Originally Posted by Xyzzy
Having seen it before it was removed I'd say that it was pretty much a legal recounting of why UA thinks there was absolutely no claim -- and how if the recipient decides to appeal UA might just ntify the relevant authorities of what it believes to be fraud in such a claim (DK address supplied). It reminded me of this scene in Charlie and the Chocolate Factory.YOU LOSE! In other words, UA is saying, "YOU LOSE!"

The '' (DK address supplied)." only applies to US citizens. That is because the EU says that a Dutchman (or somebody from any other EU country) is allowed to buy a product in EU country like Denmark.
Granite64 is offline  
Old May 28, 2015, 11:59 am
  #5277  
 
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That UA letter harps about, how OP cheated (committed fraud) by wrongfully supplying an invalid Danish address. Hence that justified UA not honoring this ticket.

However, I do not understand - on what account UA cancelled genuine Danish residents tickets. They did not commit any fraud!
Culture Guru is offline  
Old May 28, 2015, 12:13 pm
  #5278  
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Originally Posted by sleeplessinNL
That UA letter harps about, how OP cheated (committed fraud) by wrongfully supplying an invalid Danish address. Hence that justified UA not honoring this ticket.

However, I do not understand - on what account UA cancelled genuine Danish residents tickets. They did not commit any fraud!
Unilateral mistake.
Calchas is offline  
Old May 28, 2015, 12:14 pm
  #5279  
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Originally Posted by Paul4Travel
mmmmmh! ah ah ah!
and on which country will (eventually) UA notify the fraud to the authorities?
I mean, Oliverdmunds will eventually be prosecuted in which country?
Where he or she resides would be easiest, or alternatively the country where the contract was purportedly formed (Denmark, unless UA conditions say otherwise).

It would be a waste of time and money to pursue such an action especially out of jurisdiction. I doubt it would get very far.
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Old May 28, 2015, 12:18 pm
  #5280  
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Originally Posted by Granite64
The '' (DK address supplied)." only applies to US citizens. That is because the EU says that a Dutchman (or somebody from any other EU country) is allowed to buy a product in EU country like Denmark.
I guess you are speaking of EC 1008/2008? From Art 23 (2) I do not read an exception for US citizens, but I suppose it could be read that way. But that is of no material, because I doubt any one in Europe would construe that the Regulation was intended to overrule the usual rules of contract formation and the effect of mistakes made by a party entering in the contract.

Not that the Regulation is enforced properly anyway, many ticket sellers distinguish on Point of Sale within the Community.

Last edited by Calchas; May 28, 2015 at 12:24 pm
Calchas is offline  


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