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Old Oct 27, 2014, 3:35 pm
  #91  
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Well the point remains if a FA + captain will go this far - when they have nothing to make you move your seat for no real reason....

For the record I have refused to trade seats numerous times - the FA never had me thrown of the plane....

I am hoping UA will do this some time to me - so I get the EU261 - EUR 600.- = easy money!
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Old Oct 27, 2014, 3:50 pm
  #92  
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Old Oct 27, 2014, 5:31 pm
  #93  
 
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Did I miss something, or is everyone engaging in a hypothetical discussion here? From the OP, the demand to move came from the GA, not the FA or any other member of the flight crew.
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Old Oct 27, 2014, 6:59 pm
  #94  
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Originally Posted by Kacee
Captain speaks with passenger. Tells him "I have a report from my FA that you are causing problems. I don't have time to get into 'he said, she said.' I need you to assure me that you will follow crew member instructions on this flight."

Passenger continues to argue that he is right, and FA is wrong, and refuses to confirm that he will follow crew member instructions during the flight. Passenger is properly removed from the aircraft.
(snipped a bit) You're absolutely right. And it happens all the time. If the captain has to leave the cockpit to resolve a situation he will typically give you one chance. Then you're out. It's legal and it's appropriate.

Originally Posted by djohannw
This may be the result if the captain is in fact just ignorant. But in any case he will be looking for a solution to get his job done in a sensible way, he will at least listen to the case and both parties involved and then makes a decision. If he does not, that would be considered abuse of power under German law, btw..

That said the captain might get that passenger removed from the plane, but it will be pretty expensive for UA if the passenger is going after them based on the above mentioned violations (anti-discrimination, abuse of power) and the totally unreasonable request leading to that situation.

Greetings - Dirk
Problem with your argument is that it happens all the time and I'm not aware of a single situation where the courts have not supported the pilot.

If you have examples I'd sincerely be interested in reading about them. Links, if possible.
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Old Oct 27, 2014, 7:28 pm
  #95  
 
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Originally Posted by Kacee
How about a real world scenario?

FA tells passenger to change seats. Passenger refuses. FA reports to Captain that passenger will not comply with crew member instructions, became argumentative and disruptive, and that FA feels threatened by passenger's conduct. Captain speaks with passenger. Tells him "I have a report from my FA that you are causing problems. I don't have time to get into 'he said, she said.' I need you to assure me that you will follow crew member instructions on this flight."

Passenger continues to argue that he is right, and FA is wrong, and refuses to confirm that he will follow crew member instructions during the flight. Passenger is properly removed from the aircraft.
To summarise your argument; FA lies to Captain in order to have passenger removed.
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Old Oct 27, 2014, 8:54 pm
  #96  
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Originally Posted by BadgerBoi
To summarise your argument; FA lies to Captain in order to have passenger removed.
It is possible that the FA lied. But from the moment the captain stepped back, the passenger is on thin ice. In this hypothetical, he wouldn't be removed because the FA lied. He would be removed because the captain asked "are you going to comply with the FA's instructions" and the passenger argued with the captain.

Off he goes.
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Old Oct 27, 2014, 8:59 pm
  #97  
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Originally Posted by djohannw
This may be the result if the captain is in fact just ignorant. But in any case he will be looking for a solution to get his job done in a sensible way, he will at least listen to the case and both parties involved and then makes a decision. If he does not, that would be considered abuse of power under German law, btw..

That said the captain might get that passenger removed from the plane, but it will be pretty expensive for UA if the passenger is going after them based on the above mentioned violations (anti-discrimination, abuse of power) and the totally unreasonable request leading to that situation.

Greetings - Dirk
Yeah, it's a mistake an airline isn't going to go repeating.

Originally Posted by Kacee
I would be interested to read one of these decisions awarding damages to a passenger for being wrongly removed from an aircraft. Please provide citation(s). Thanks!

btw, there are numerous decisions in the U.S. assessing monetary penalties against the passenger for causing an on-board disturbance. Two of them are cited in an earlier post upthread.
When have we had a case of a passenger thrown off for a discriminatory reason? Being thrown off for being disruptive is quite another matter.

Last edited by FlyinHawaiian; Oct 28, 2014 at 7:21 am Reason: Merge
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Old Oct 27, 2014, 9:05 pm
  #98  
 
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Anyway once a boarding pass is issued and the seat is save...
Your boarding pass gives you as much right to a certain seat as an Enron stock certificate contributes to your retirement...none nada zilch. Thats true in EU too, by the way.

It is within the airlines' discretion to move you to any seat for a number of reasons, and, I think it is worth noting, then can refuse to even tell you why they are doing it. In the case of FAMs, the most certainly WONT tell you.

Again, you can refuse the new seat, in which case the airline will ask you fly the next plane...and bingo, your IDB and EU comp go poof.

If you refuse to fly the next plane and dont comply with a crew directive, you won't fly on that OR the next plane..for a few days.
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Old Oct 27, 2014, 9:07 pm
  #99  
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Originally Posted by Loren Pechtel
When have we had a case of a passenger thrown off for a discriminatory reason? Being thrown off for being disruptive is quite another matter.
http://www.nytimes.com/2006/11/22/us/22muslim.html?_r=0
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Old Oct 27, 2014, 9:18 pm
  #100  
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Cool

Originally Posted by Rick371
About 5 minutes later GA said lady wanted to breastfeed and would be uncomfortable doing so with me sitting there, and that I had to move.

"Oh, tell her not to worry, I've seen many women's breasts before, and they don't bother me."
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Old Oct 27, 2014, 9:44 pm
  #101  
 
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Originally Posted by Tchiowa
It is possible that the FA lied.
I was referring to the fantasy scenario that was given in the post I responded to, not the one that actually happened. It's a shame that much misinformation and hypothetical has blurred this thread.

IMHO the OP behaved impeccably. Too well in fact, and that was to his detriment as the bully got her way at his expense.
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Old Oct 27, 2014, 10:59 pm
  #102  
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Originally Posted by Loren Pechtel
When have we had a case of a passenger thrown off for a discriminatory reason? Being thrown off for being disruptive is quite another matter.
What was the "discriminatory reason" you're referring to? (Asking this of the OP, not you)
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Old Oct 27, 2014, 11:52 pm
  #103  
 
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Originally Posted by Kacee
I would be interested to read one of these decisions awarding damages to a passenger for being wrongly removed from an aircraft. Please provide citation(s). Thanks!

btw, there are numerous decisions in the U.S. assessing monetary penalties against the passenger for causing an on-board disturbance. Two of them are cited in an earlier post upthread.
Germany isn't part of the US or US legal precedent isn't relevant. At all.

Originally Posted by Tchiowa
What was the "discriminatory reason" you're referring to? (Asking this of the OP, not you)
Well forcing a male customer who have paid for one product to use an inferior product because he is a man is discriminatory, since the reason stated was that another passenger wasn't comfortable sitting next to a male customer. Then it has to be shown that it was a reasonable discrimination - good luck with that (it wasn't).

Moving a passenger to make room for a bassinet isn't discrimination (well, actually it could be but even then it would be reasonable). Moving a passenger because he is a man is discrimination.

See http://en.wikipedia.org/wiki/Airline...cy_controversy

Again it won't make you rich but it will be costly for the airline to get their lawyers involved and change procedures.
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Old Oct 28, 2014, 12:03 am
  #104  
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Originally Posted by BadgerBoi
I was referring to the fantasy scenario that was given in the post I responded to, not the one that actually happened. It's a shame that much misinformation and hypothetical has blurred this thread.
You mean Germanfflyer's hypothetical about a pax being tossed for refusing to drink 4 oz of warm milk? I agree, that was silly

The question being discussed is whether OP could have been tossed off the aircraft for refusing to move. Yes, he definitely could have. Pax have been tossed off of UA flights for complaining about the inflight movie. Movie Complaint Leads to Flight Diversion

btw, I don't think anyone who's responding reasonably here would not agree that the OP was placed in an impossible situation and handled it gracefully.
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Old Oct 28, 2014, 1:16 am
  #105  
 
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Originally Posted by Kacee
You mean Germanfflyer's hypothetical
No, I mean your off-topic fantasy where the FA lies to the captain. But you know that's what I meant.
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