United Airlines to refund fares to all Flight 3411 passengers
Apr 13, 2017, 3:34 am
#16
Join Date: Sep 2008
Posts: 812
Not that doing so might not succeed, but the problem with trying that would be this: If they just "auto-refund" the pax to their CCs the pax would be able to counter that they never consented to recieve the refund or consciously gave any consideration to United for the refund and that under the law there was no contract, only a gift.
Apr 13, 2017, 4:05 am
#17
Join Date: Feb 2015
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Management screwed up and shareholders have to pay for it. They should duct that dumb [text deleted per Rule 16] Oscar's pay to pay for the refund.
Last edited by Pat89339; Apr 14, 2017 at 9:05 pm Reason: TOS 16
Apr 13, 2017, 6:48 am
#18
Join Date: Nov 2011
Location: MCO
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I read someplace (and I have no proof) that a number of passengers have already contacted an attorney about filing a class-action lawsuit because they were "traumatized" by the events. This might be a preemptive strike against that, because anyone who accepts anything from UA will likely be not allowed to sue. (Please don't shoot the messenger)
That said, the passengers got to their destination over two hours late. Are they eligible for standard compensation? How would accepting Federally mandated compensation affect the ability to sue?
That said, the passengers got to their destination over two hours late. Are they eligible for standard compensation? How would accepting Federally mandated compensation affect the ability to sue?
Apr 13, 2017, 8:26 am
#19
Join Date: May 2013
Posts: 3,361
I read someplace (and I have no proof) that a number of passengers have already contacted an attorney about filing a class-action lawsuit because they were "traumatized" by the events. This might be a preemptive strike against that, because anyone who accepts anything from UA will likely be not allowed to sue. (Please don't shoot the messenger)
That said, the passengers got to their destination over two hours late. Are they eligible for standard compensation? How would accepting Federally mandated compensation affect the ability to sue?
That said, the passengers got to their destination over two hours late. Are they eligible for standard compensation? How would accepting Federally mandated compensation affect the ability to sue?
While the passengers were certainly traumatized, they'll see nothing in a class action.
Apr 13, 2017, 9:18 am
#20
Join Date: Nov 2011
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Sorry, my mistake, it's only for three hours. Still many felt traumatized seeing a man's teeth knocked out after he was manhandled out of his seat.
Apr 13, 2017, 9:26 am
#21
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Apr 14, 2017, 2:02 am
#22
Join Date: May 2013
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Apr 14, 2017, 4:39 am
#23
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Or I could book this UA flight using my LM miles, not show up and get a refund from Lifemiles ( less a small fee) even after the flight has left even if I did not even bother to inform LM or UA that I would not be taking this flight
Apr 14, 2017, 4:48 am
#24
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As speculated, reports are that the offers of compensation had a string attached that accepting the compensation would require them to waive their right to sue.
FWIW, it seems likely that given how things are going for United, they'd want to settle with the pax if a suit is filed. They might win, but the whole swirl around this seems likely to mean that they'd have to do so on appeal and show that the underlying mess wasn't a CoC violation.
There's also a chance that, given that they were trying to spin this as a goodwill gesture, a jury could take this as an admission of guilt (or at least as looking sleazy).
FWIW, it seems likely that given how things are going for United, they'd want to settle with the pax if a suit is filed. They might win, but the whole swirl around this seems likely to mean that they'd have to do so on appeal and show that the underlying mess wasn't a CoC violation.
There's also a chance that, given that they were trying to spin this as a goodwill gesture, a jury could take this as an admission of guilt (or at least as looking sleazy).
Apr 14, 2017, 5:54 am
#25
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Apr 14, 2017, 6:02 am
#26
Join Date: Jan 2014
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The key words there is "standby", though: Not confirmed ticketed passengers. To be fair, the "basic economy" type tickets that airlines are floating now seem to be a way to handle this in the longer run: I fully expect to see, rather than a "pay to not risk IDB" model (that's generally called "book into a premium cabin") a "get a discount but be first in line for IDB". As long as it's a consciously segmented product, I suspect that would be upheld to a pretty broad extent.
Apr 14, 2017, 8:40 am
#27
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CNN has reported (based on the e-mail UA sent passengers), that it's not a refund, but a $500 UA voucher, and that UA is requiring a full release in exchange.
Apr 14, 2017, 8:32 pm
#28
Join Date: Oct 2014
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Apr 14, 2017, 9:50 pm
#29
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Apr 14, 2017, 10:50 pm
#30
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I posted this 5 hours ago in the other thread
http://www.flyertalk.com/forum/28169064-post273.html
just saying....
http://www.flyertalk.com/forum/28169064-post273.html
just saying....