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New UA's IDB and downgrade comp?

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Old Jul 4, 2012, 2:45 pm
  #16  
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Originally Posted by legalalien
I thought that section only applied to overbooked flights. This doesn't seem to qualify. I do however sympathize with the plight.
Yes, that's my understanding, albeit a slimy loop hole.
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Old Jul 4, 2012, 2:45 pm
  #17  
 
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Weight restriction is the big exception to all the IDB rules. I don't think they even are required to give you a voucher; basically falls in the same category as weather.
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Old Jul 4, 2012, 2:53 pm
  #18  
 
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To UA's credit, they were treating it as being overbooked. There were a handful of other flights in the same situation. Had something to do with the heat and elevation at Denver. Larger flights (plus 60 pax) were given cash if involuntarily denied boarding. While waiting, I did hear them asking for volunteers on other flights, just not ours. For Austin, they need 17 people to give up their seats.

My interpretation is that if the plane is able to depart, and I'm not allowed to sit in my seat, I've been involuntarily denied boarding.
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Old Jul 4, 2012, 2:57 pm
  #19  
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Originally Posted by jlivengo
My interpretation is that if the plane is able to depart, and I'm not allowed to sit in my seat, I've been involuntarily denied boarding.
I believe you're correct. However, the cash compensation does not always apply.
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Old Jul 4, 2012, 4:04 pm
  #20  
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Originally Posted by jlivengo
To UA's credit, they were treating it as being overbooked. There were a handful of other flights in the same situation. Had something to do with the heat and elevation at Denver. Larger flights (plus 60 pax) were given cash if involuntarily denied boarding. While waiting, I did hear them asking for volunteers on other flights, just not ours. For Austin, they need 17 people to give up their seats.

My interpretation is that if the plane is able to depart, and I'm not allowed to sit in my seat, I've been involuntarily denied boarding.
Have you read the DOT rule on IDB? It quite clearly only applies to overbooking and not to denied boarding for any other factors. These can include w&b issues such as you encountered, an MX issue with a seat so that it can't be used and so on.

There is $0 compensation due here and the $400 voucher is simply a CS gesture. Seems tough, but safety comes first.
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Old Jul 4, 2012, 4:08 pm
  #21  
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Originally Posted by Often1
Have you read the DOT rule on IDB? It quite clearly only applies to overbooking and not to denied boarding for any other factors. These can include w&b issues such as you encountered, an MX issue with a seat so that it can't be used and so on.

There is $0 compensation due here and the $400 voucher is simply a CS gesture. Seems tough, but safety comes first.
$400 voucher??? Wow, that's like the old days before the $150/$200/$250 days of today....I would have been doing back-flips and thought I had won the lottery if they gave me a $400 voucher for a domestic flight...I miss that little $100 voucher 4-pack
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Old Jul 4, 2012, 5:24 pm
  #22  
 
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If you have some reason to believe that UA violated the spirit, if not the letter, of the DoT rules — for example, there were volunteers but UA was unwilling to take them — you could file a DoT complaint at http://airconsumer.ost.dot.gov/CP_AirlineService.htm and get a speedy response.
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Old Jul 4, 2012, 7:13 pm
  #23  
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Originally Posted by mherdeg
If you have some reason to believe that UA violated the spirit, if not the letter, of the DoT rules — for example, there were volunteers but UA was unwilling to take them — you could file a DoT complaint at http://airconsumer.ost.dot.gov/CP_AirlineService.htm and get a speedy response.
Yes - You will get a speedy response. Maybe even a link to the Rule (cut and pasted below) with the comepnsation provision bolded. Of course anybody is free to file a complaint with anybody, but there's a reason why the rule says what it says.

(a) Subject to the exceptions provided in § 250.6, a carrier to whom this part applies as described in § 250.2 shall pay compensation in interstate air transportation to passengers who are denied boarding involuntarily from an oversold flight as follows:
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Old Jul 4, 2012, 7:20 pm
  #24  
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Originally Posted by jlivengo
It's my opinion that UA violated it's own contract of carriage by not asking for volunteers. In all my years of traveling, never seen anything like it.
That sucks lets move on the most relevant questions.

What are your damages and what do you want?
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Old Jul 4, 2012, 7:23 pm
  #25  
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It's clear no compensation is due by virtue of the <61 aircraft passenger weight and balance loophole. It's not so clear the carrier still isn't obligated to follow its published DB procedure.
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Old Jul 4, 2012, 8:07 pm
  #26  
 
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Not looking for anything. I was happy with the $400, took it and ran. Just unhappy I had to go through this without asking for volunteers or any option besides the boot while I was already sitting on the plane. I'll always check-in online from now on given that's how I got selected. Also didn't like the fact that the UA club rep wasn't willing to assist and blamed the problem on a separate carrier. I told her it said UA on the plane so I don't care about the internal politics.

Other than her, the ground staff did their best and I'm thankful they tried. Waiting for 3 hrs without any idea on what to do wasn't.
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Old Jul 4, 2012, 11:42 pm
  #27  
 
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Originally Posted by Often1
Yes - You will get a speedy response. Maybe even a link to the Rule (cut and pasted below) with the comepnsation provision bolded. Of course anybody is free to file a complaint with anybody, but there's a reason why the rule says what it says.

(a) Subject to the exceptions provided in § 250.6, a carrier to whom this part applies as described in § 250.2 shall pay compensation in interstate air transportation to passengers who are denied boarding involuntarily from an oversold flight as follows:
They do not have to pay IDB compensation in certain circumstances. PMUA paid out these cases as VDBs even though it was obligated to pay out nothing.

This said, it was unfortunate that they did not seek volunteers first.
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Old Jul 5, 2012, 7:05 am
  #28  
 
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WITHOUT asking for volunteers, (against Rule 25, section 2 of the Contract of Carriage)
While I know the weight/balance/RJ issue negated this for the OP. I do have a question regarding "asking for volunteers":

In an actual overbooked/IDB situation, does the GA literally need to request volunteers at the gate? Or is the soliciting volunteers considered accomplished if the passengers are asked at the the check in kiosks/live/mobile check in?
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Old Jul 5, 2012, 9:10 am
  #29  
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Originally Posted by 3Cforme
It's clear no compensation is due by virtue of the <61 aircraft passenger weight and balance loophole. It's not so clear the carrier still isn't obligated to follow its published DB procedure.
It's not a loophole - this is done for safety reasons.

Originally Posted by jhayes_1780
While I know the weight/balance/RJ issue negated this for the OP. I do have a question regarding "asking for volunteers":

In an actual overbooked/IDB situation, does the GA literally need to request volunteers at the gate? Or is the soliciting volunteers considered accomplished if the passengers are asked at the the check in kiosks/live/mobile check in?
I believe the kiosk question fulfills the technical requirement - doesn't have to be the GA. Although, the GA would be closest to the situation, since they are the ones who make the call on IDB.
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Old Jul 5, 2012, 10:02 am
  #30  
 
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Originally Posted by PTahCha
It's not a loophole - this is done for safety reasons.
When airlines started using significant numbers of regional AC at <60 seats, which are very sensitive to weight issues during hot and dry weather, this then becomes more like a loophole. Larger aricraft do not have similar safety concerns, only if Phoenix is over 120'F then there may be some restrictions.
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