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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
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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 Feb 13, 2015, 4:24 pm
  #3646  
 
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OK, everybody - let's take a big breath here.

Obviously, there are different opinions whether one should have "used" this "deal" or not. Also, there are different opinions whether United should honor this "deal" or not.

There is no need to get personal and trade accusations - and this goes both ways (no matter of which opinion you are). Those who believe that this "deal" was legit have the same right to voice their opinion as those who believe that one should not have taken advantage of this "deal".

Please stay on topic and discuss facts.

Thank you very much!


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Old Feb 13, 2015, 5:07 pm
  #3647  
 
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Originally Posted by dilanesp
And at that point, the issue of putting in a billing address from a different country, a small issue when it might involve $25 dollars savings, becomes a big issue because it involves many thousands of dollars.

That's one of the ways that misleading a seller becomes material. Misleading a seller to save 3 percent of the ticket price? United doesn't care. Misleading them so you can exploit a website glitch to buy a $6000 ticket for $100. Now they care.

Again, go back to the LH customer who was abusing a full fare refundable ticket to use the lounge. LH doesn't care if he does this a couple of times and does if he does this 30 times.

Saying "the airline wouldn't care so much if I wasn't costing them so much money" is not a winning argument in a rescission for fraud case.

And how do you propose United differentiate between those that have a Denmark billing address and those that didn't, it just isn't feasible for them to do so, and that means that they'll have to look for another reason to cancel the tickets which were issued.

I'm aware that many Americans aren't used to purchasing goods and services from foreign countries but it's a very common occurrence within the EU. It would be unlawful for United, or any company for that matter, to prevent a Swedish citizen or a UK citizen from purchasing a product or service which was advertised in Denmark and priced in DKK.

Keep in mind that all member states are bound by European Union Law, even the highest courts in Germany or the UK must follow EU laws and precedent.

If you take regulation EU261 as an example you'll notice that flight delays do not qualify for compensation under Article 7 : Right to Compensation, however after a case from Germany and one from Austria were referred to The European Court of Justice they ruled that those who found themselves delayed for long periods of time could suffer as great a loss as those whose flights were cancelled and therefore ruled that compensation was due, that ruling must now be followed by the legal systems of every member state.

Last edited by rachcollins; Feb 13, 2015 at 5:18 pm
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Old Feb 13, 2015, 5:23 pm
  #3648  
 
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Originally Posted by dilanesp

What I have a problem with is (1) the almost maniacal certainty of some people that once they buy an air ticket, no matter what subterfuges they use to do it, the carrier has to honor that and that DOT and EU rules intended to benefit actually deceived consumers and discrimination victims guarantee them that right, and (2) the, shall we say, make-believe posts claiming that people really weren't doing anything deceptive (in the larger sense, note I didn't say lie and never have in this thread) to get the fare.
Well put, counselor.

I think most of us veterans (guys who have been doing this for decades) are a bit dismayed that the "grasshoppers" took an incredibly weak case to the US DOT.

The game-is-the-game, sometimes you win, sometimes not. Involving the authorities will just ruin it for the guys who come after us...
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Old Feb 13, 2015, 5:28 pm
  #3649  
 
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Originally Posted by GaryZ
The game-is-the-game, sometimes you win, sometimes not. Involving the authorities will just ruin it for the guys who come after us...
We are already here
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Old Feb 13, 2015, 5:28 pm
  #3650  
 
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Originally Posted by GaryZ
the "grasshoppers" took an incredibly weak case to the US DOT
Actually I think this case is so textbook that it will probably be the one that leads to the rules being changed (along with the scale of the glitch and how fast it spread). The rules, as written, clearly obligate UA to honor these fares IMO.
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Old Feb 13, 2015, 5:30 pm
  #3651  
 
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Originally Posted by GaryZ
Well put, counselor.

I think most of us veterans (guys who have been doing this for decades) are a bit dismayed that the "grasshoppers" took an incredibly weak case to the US DOT.

The game-is-the-game, sometimes you win, sometimes not. Involving the authorities will just ruin it for the guys who come after us...
I'm completely unfamiliar with the workings of DOT, if they rule on a matter brought before them does that ruling set a precedent which must be followed in future or can they simply rule on a case by case basis and ignore previous decisions ?
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Old Feb 13, 2015, 5:44 pm
  #3652  
 
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Originally Posted by nufnuf77
I thought the statement was going to be released by 5pm ET by DOT? Don't see anything yet, but can't wait.
Originally Posted by Nehawk
Well the office at the DOT is officially closed for the holiday weekend. Will hope for a decision sometime next week.
Originally Posted by cruisr
Being that I have seen government bodies take forever to get something done I am a little surprised that everybody is saying that DOT will have a decision on Tuesday? Is that the standard for them? Complaints come in and they have a decision in 3 or 4 business days. if that is the standard I'm in impressed.
This is a big decision so I don't anticipate the DOT will make a decision for at least a few weeks. I highly doubt there were any discussions between UA and DOT before UA's decision to cancel all reservations, but I wouldn't be surprised if there were discussions between the two before any decision is made and announced.
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Old Feb 13, 2015, 5:49 pm
  #3653  
 
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Originally Posted by teahan
He is still Manager, Media Relations at United. Not that it matters...
"She" is a very nice person.

Last edited by BDLORD; Feb 13, 2015 at 5:56 pm Reason: grammar
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Old Feb 13, 2015, 5:55 pm
  #3654  
 
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Say the DOT makes United honor the tickets, but does not do this until mid march.

All the people who booked for say Feb/March would get a future flight credit ? Or would they simply be missed off ?

Seems an even stranger case in that matter. Because I'm sure united would honor the ticket....after the travel date had passed. And then say how about a travel credit for your $74 bucks you paid.
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Old Feb 13, 2015, 5:57 pm
  #3655  
 
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Being on my mileage run today Krk-txl-muc-iad-iah iah-bog bog-ewr-txl-Krk for 400$ ab + ua
And having United mess up everything that's possible: lost luggage, being bumped at iad because they were too stupid to print the ticket in a correct way etc....
I really don't pity United. Yin yang. Hope karma got to them this time and I'd get 2 F tickets
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Old Feb 13, 2015, 6:17 pm
  #3656  
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Originally Posted by largeeyes
I still chuckle at this....

UAL Corp.'s United Airlines, Continental Airlines Inc., Southwest Airlines Co. , JetBlue Airways Corp. and Singapore Airlines all say their policy is to not cancel tickets even when a mistake is discovered, no matter how large the error.
"That is the right thing to do," says United spokeswoman Robin Urbanski.
Originally Posted by teahan
He is still Manager, Media Relations at United. Not that it matters...
Originally Posted by BDLORD
"She" is a very nice person.
actually, she WAS a nice person. no longer with us.

FYI, largeeyes, that quote is from YEARS ago.

Last edited by karenkay; Feb 13, 2015 at 6:25 pm
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Old Feb 13, 2015, 6:21 pm
  #3657  
 
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Originally Posted by karenkay
actually, she WAS a nice person. no longer with us.
I just saw that. I met here on one of the old United "special events" they used to provide us 1K's, the good ole days"
So sorry to find out.
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Old Feb 13, 2015, 6:25 pm
  #3658  
 
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Originally Posted by BDLORD
"She" is a very nice person.
Ooops, I was just going on what I found on LinkedIn. Sorry to hear.
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Old Feb 13, 2015, 6:43 pm
  #3659  
 
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Originally Posted by dilanesp
I'm a practicing lawyer, I've probably drafted at least 15 complaints for civil fraud and prosecuted 2 or 3 over an extended period of time (although they all eventually settled). I've also successfully rescinded at least one contract on the basis of fraud and have defended several others.
If that is so, then you should have no problem telling us your real name. Unless, of course, you're on the clock for United.
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Old Feb 13, 2015, 6:56 pm
  #3660  
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Originally Posted by ap213
If that is so, then you should have no problem telling us your real name. Unless, of course, you're on the clock for United.
Welcome to FlyerTalk There is no requirement for members to share their personal information here.
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