UAs Official Response to HKG Ticketing/IT Error: Redeem @ Correct Amount or Redeposit
#286
Join Date: Oct 2009
Location: Austin, TX
Programs: Once upon a time...
Posts: 863
Completely unfair for United to want to cancel this >24 hours with no penalty. I'm pretty sure if I book a flight and 3 days later call United to tell them I made a mistake and didn't mean to click Book, I wouldn't get a refund. Why should they be off the hook just because they made a mistake?
#287
Join Date: Jul 2010
Location: London, UK
Programs: BA Gold, UA Nobody, Hilton Gold
Posts: 2,372
Is anyone aware of this being tested in a court of law? I know they have cancelled accounts and I know their contract says they can do anything they like whenever they like it with no liability whatsoever, but is there a judgement that afirms this stance.
Whenever I see 'we have all the rights, you have none' consumer contracts such as the United one posted earlier I am suspicious about whether it is any way enforceable under either common law principals or many consumer protection laws.
Whenever I see 'we have all the rights, you have none' consumer contracts such as the United one posted earlier I am suspicious about whether it is any way enforceable under either common law principals or many consumer protection laws.
#288
A FlyerTalk Posting Legend
Join Date: Apr 2001
Location: PSM
Posts: 69,232
Is this difficult to understand? Mistake fare or not, ridiculous price or not, the airline industry is unique in that it has to follow DOT laws that state mistake fares have to be honored. Once our reservations were ticketed and confirmed AT ANY PRICE, it must be honored.
Because it would have cost me a sufficient amount in the change fee that it wasn't worth it. Such is life some times.
Really? Case to provide a cite from the DoT in that regard?
I do not believe that it is at all clear.
1) I am astounded (maybe I shouldn't be) by the number of "experts" who claim this mistake is unenforceable by the DOT. The law is clear, the case precedents are out there, the outcome is pretty much a done deal unless the DOT decides for some strange and highly unlikely reason not to pursue this.
So I'm fairly certain everyone who wants to push this issue through the DOT will prevail and have their 4 mile tickets re-instated or honored - but remember karma and don't keep frothing at the mouth over this mistake or beating up UA in general over it. Let the DOT process work its way through and allow UA to come to the table with something that might be worthwhile to consider.
I agree that some of the ranting and raving going on between the two threads is a little embarrassing and not showing this community in a good light. This ain't Disboards or Fatwallet - we're suppose to be supporters and consumers of aviation and travel products, not destroyers.
Are you saying that there is no competition for air service to HKG from the USA? Or within the USA in general??
#289
Join Date: Mar 2008
Posts: 4,859
I think the law is pretty clear not distingishing methods of payment. Award tickets aren't standby or similar based, they shouldn't be treated anyway different.
#290
Join Date: Oct 2007
Location: Dubai / NYC
Programs: EK-IO, UA-1K2MM, ETIHAD-GOLD, SPG-PLAT LIFETIME, JUMEIRAH SERIUS GOLD
Posts: 5,220
I think everyone is missing the point. Airlines in general (and American carriers specifically) are just about the greediest business' around. They will fight tooth and nail even before giving a customer back $1 when they are entitled to it ( lost bag claims, hotel expenses, etc). Airlines break the law thousands of times a day and get away with it. Regardless of what is right and what is wrong, or legal , not legal, UA is going to do what it wants and let the chips fall where they may. Those of you telling the guy he should go to Hong Kong tomorrow are being irresponsible. I doubt UA will leave him stranded but am pretty sure they will deduct the correct miles, even if it brings his account to a negative. Those of you that got tickets for future travel are crazy to think UA will honor them. They will try to give the choice of deducting the full mileage or a refund "with fees waved" (I love that line. The balls they have for suggesting that they are doing you a favor by not honoring the tickets). For those of you that stand fast and refuse to accept UA's kind offer of a full refund of the 6 miles + fees and taxes, UA will probably offer some kind of apology with miles, or a reduced rate, etc. for those of us that don't have enough miles to cover the full cost, they may even allow accounts to go into negative numbers. But barring all that, if UA won't honor the tickets, no one is going to "make" UA fly them anywhere. Sure, we could sue them and I'm sure they know that. But by the time the case is heard, your flight will have departed long ago. The worst thing that happens then is UA loses the suit and is forced to give you a new tkt. big deal, they would have done that anyway by honoring them in the first place. It's a numbers game. If UA issued 100 of these tickets and don't honor them how many people will take this all the way to court? 25? If UA loses these suits somewhere down the road (years perhaps), they still win in the long run....Unfortunatly, they usually do.
+10000. Really, and you wonder why they used the word "over entitled". UA should offer a nice apology w some miles. For those unwilling to work w UA and throw out threats and law suits, UA should do the one thing it has the right to do for "any" reason; start shutting down accounts!!!
+10000. Really, and you wonder why they used the word "over entitled". UA should offer a nice apology w some miles. For those unwilling to work w UA and throw out threats and law suits, UA should do the one thing it has the right to do for "any" reason; start shutting down accounts!!!
Last edited by iluv2fly; Jul 17, 2012 at 8:40 am Reason: merge
#292
FlyerTalk Evangelist
Join Date: Mar 2008
Location: body: A stone's throw from SFO, mind: SE Asia
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Posts: 17,263
+10000. Really, and you wonder why they used the word "over entitled". UA should offer a nice apology w some miles. For those unwilling to work w UA and throw out threats and law suits, UA should do the one thing it has the right to do for "any" reason; start shutting down accounts!!!
At the moment many posters here are hemming and hawing and UA is saying we'll give you back money without cancellation fees. Oh, how generous they are.
Should UA offer a sweetener I'm sure they'd find many will cave in and take the offer. There will always be diehards in any situation and UA hasn't garnered any kind of good-will among the general population recently. It's time they conceded something more than nothing.
Again, I don't have a dog in this race, but it sure is fun to watch.
#293
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Join Date: Nov 2007
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Exactly what I was thinking. "I was playing golf, mowing the lawn, etc. and missed the fun. I sure as hell don't want someone getting a deal that I missed."
...just file a DOT complaint if you want to enforce your right to this ticket and let it get handled through the process from there... So I'm fairly certain everyone who wants to push this issue through the DOT will prevail and have their 4 mile tickets re-instated or honored.
#294
Join Date: Feb 2011
Programs: Delta Gold Medallion
Posts: 449
For those saying that UA's decision means they know something about what DOT would do, don't forget that they sold a lot of tickets that don't touch the US, so they would save money from mass cancellation no matter what DOT decides. And even if everything were US-based, 90% probability of having to honor the tickets is better than 100% probability. UA has proved over and over again that they place no value on brand reputation. They just stranded people in china for three days for god sake, what kind of airline is this?
Also the tickets weren't for 4 miles they were for 4 miles + $50 (for example). I've seen published fares where the base fare is $0 and the total price consists only of "taxes and fees". So what's wrong with an award for 4 miles + "taxes and fees"?
Also the tickets weren't for 4 miles they were for 4 miles + $50 (for example). I've seen published fares where the base fare is $0 and the total price consists only of "taxes and fees". So what's wrong with an award for 4 miles + "taxes and fees"?
#295
Join Date: Feb 2007
Location: Suburban Philadelphia
Programs: Marriott Lifetime Plat, IHG Gold
Posts: 3,392
I don't have a dog in this race, but I'd be curious as to how much $ UA has at stake here.
Is it really worth the negative PR / backlash from some of your most loyal customers?
My personal opinion is that DoT is going to make them honor it. But that's my uneducated opinion, others may disagree and are free to do so.
Popcorn in hand, I'll be following this one....
Is it really worth the negative PR / backlash from some of your most loyal customers?
My personal opinion is that DoT is going to make them honor it. But that's my uneducated opinion, others may disagree and are free to do so.
Popcorn in hand, I'll be following this one....
#296
Join Date: Jul 2011
Posts: 31
I got in on this with the same mindset as when buying a $200 million lottery ticket, knowing the chances of it happening was highly unlikely. I am not out anything when they cancel the ticket. It was fun to play.
A poster above mentioned that United is looking at it as a billing error not a pricing error. I have not read of anyone saying the pricing screen showed these as being priced at 4 mi. When I booked them, the pricing showed a much higher amount than 4 mi, and i assume it did for everyone. If when booking it had shown the price at 4mi and the billing was for 4mi it would be a completely different ball game when they cancel the tickets.
A poster above mentioned that United is looking at it as a billing error not a pricing error. I have not read of anyone saying the pricing screen showed these as being priced at 4 mi. When I booked them, the pricing showed a much higher amount than 4 mi, and i assume it did for everyone. If when booking it had shown the price at 4mi and the billing was for 4mi it would be a completely different ball game when they cancel the tickets.
#297
Original Member, Ambassador: External Miles and Points Resources
Join Date: May 1998
Location: Digital Nomad Wandering the Earth - Currently in CUZCO, PERU
Posts: 58,647
^ Right on, boca.
Those focusing on "karma" either for or against, as a bulwark for their views, are not thinking about this from DoT/regulatory perspective.
The purpose of the regulation is to bar specific actions from being pursued on the part of vendors. None of those rules is connected to the larger framing of UA sucks/UA rocks, I'm an upgraded 1K/upgradeless 1P whatever.
This may well fall under the purview of 399.88 enforceability. It may not, but there's a strong case building. UA sold tickets at a price indicated on receipts. E-tickets were issued. They are being reneged on, post-issue. Forget the karma. DoT will rule this as a Rubicon. They won't consider context, previous treatment of FF, effect on bottom line etc. Those are all immaterial to whether they consider this an infraction.
UA doesn't care about what's posted on FT.
But neither do DoT.
UA's gambit is to dissuade people from flying, and cajole them into voluntarily refunding their awards by all sorts of vague coercions. That's how their spiel is intended to be received.
But it wasn't well thought out. Option 1 offered by UA is clearly an infringement of 399.88 because it exactly is a "post-ticketing fare increase."
How about Option 3. Ignore all this hot air until March next year. Print all receipts inc. seat assignments. Show up at the airport, printed e-ticket receipt in hand, and if denied boarding, file an IDB as well as a 399.88 DoT complaint.
Those focusing on "karma" either for or against, as a bulwark for their views, are not thinking about this from DoT/regulatory perspective.
The purpose of the regulation is to bar specific actions from being pursued on the part of vendors. None of those rules is connected to the larger framing of UA sucks/UA rocks, I'm an upgraded 1K/upgradeless 1P whatever.
This may well fall under the purview of 399.88 enforceability. It may not, but there's a strong case building. UA sold tickets at a price indicated on receipts. E-tickets were issued. They are being reneged on, post-issue. Forget the karma. DoT will rule this as a Rubicon. They won't consider context, previous treatment of FF, effect on bottom line etc. Those are all immaterial to whether they consider this an infraction.
UA doesn't care about what's posted on FT.
But neither do DoT.
UA's gambit is to dissuade people from flying, and cajole them into voluntarily refunding their awards by all sorts of vague coercions. That's how their spiel is intended to be received.
But it wasn't well thought out. Option 1 offered by UA is clearly an infringement of 399.88 because it exactly is a "post-ticketing fare increase."
How about Option 3. Ignore all this hot air until March next year. Print all receipts inc. seat assignments. Show up at the airport, printed e-ticket receipt in hand, and if denied boarding, file an IDB as well as a 399.88 DoT complaint.
But at some point they will start contacting folks. And at some point someone will say 'no.'
Then if UA unilaterally cancels or unilaterally charges more miles and then the customer files with the DoT, we will see what the regulators think.
Speaking as someone who spends a lot of time with federal regulators, it is impossible to overstate how pro-consumer the mood in Washington is these days. I've had my butt handed to me several times on issues where companies I represent present an economic case only to have the regulators side 100% with the consumer.
I don't know where DoT will come down on this. But if I were going to bet $10,000, it would be on the side of the consumer.
As others have said, regulators tend to look at issues like this dispassionately and from the perspective of the consumer, NOT the perspective of the company. And they tend to be pretty rigid in that thinking.
That's just my experience. I would never dare to say I know for sure how they will see this.
My other strong agreement is with those who say this is a classic penny-wise, pound foolish matter. The patchwork of systems that UNITED has decided to go with was doomed to result in an outcome like this. These are the scenarios that management and risk consultants spend their lives preaching about. Penny wise, pound foolish. The chickens are roosting.
If they did something like that after a DoT ruling, you'd pretty quickly see a push for federal regulation of mileage and points programs. As I said, the mood in DC is pretty damn pro-consumer these days.
#298
Join Date: Oct 2007
Location: Dubai / NYC
Programs: EK-IO, UA-1K2MM, ETIHAD-GOLD, SPG-PLAT LIFETIME, JUMEIRAH SERIUS GOLD
Posts: 5,220
What would really be nice is for people to stop posting what the DOT will or will not do. Is it really so hard just to put a little "IMO" infront of some of these posts. Anyone who says they know with 100% certainty what the DOT will or will not do is fooling themselves.
(I wrote this to late. I stand corrected as the posts above mine are very well written)
I think someone did sue AA a while back over a closed account. If my memory is correct AA won but they had good cause for closing the account. I believe the guy was obtaining mileage some way that was against the stated rules of the program. I don't think that's the same thing as having your account closed because your a nuisance.
(I wrote this to late. I stand corrected as the posts above mine are very well written)
Is anyone aware of this being tested in a court of law? I know they have cancelled accounts and I know their contract says they can do anything they like whenever they like it with no liability whatsoever, but is there a judgement that afirms this stance.
Whenever I see 'we have all the rights, you have none' consumer contracts such as the United one posted earlier I am suspicious about whether it is any way enforceable under either common law principals or many consumer protection laws.
Whenever I see 'we have all the rights, you have none' consumer contracts such as the United one posted earlier I am suspicious about whether it is any way enforceable under either common law principals or many consumer protection laws.
Last edited by iluv2fly; Jul 17, 2012 at 8:41 am Reason: merge
#299
Formerly known as hcampana
Join Date: May 2010
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Posts: 463
Has anyone actually been contacted by united yet?
#300
FlyerTalk Evangelist
Join Date: Nov 2007
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