Broken Layflat on EWR-SFO
Feb 20, 2020, 3:12 pm
#91
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Yes it does. The state courts have jursidcition over breach of contract claims, which are not preempted by the ADA.
There was a memorable thread a few years back about an FTer who took UA to small claims court. UA settled right before the hearing.
There was a memorable thread a few years back about an FTer who took UA to small claims court. UA settled right before the hearing.
Feb 20, 2020, 3:36 pm
#92
Join Date: Sep 2006
Location: HNL
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“Class of service” in this Contract of Carriage refers to classes of service as determined by UA without regard to the specific level of ancillary services or amenities provided in that class of service (as compared to any originally scheduled flight). Any ancillary service or amenity, including but not limited to live television, wi-fi services, priority boarding, advance seat assignments, and meal service, are not guaranteed. Regardless of whether there is a Schedule Change, Irregular Operations, Force Majeure Event, or other change or circumstance that results in an ancillary service or amenity not being available on any flight, UA shall have no liability for, and shall owe no refund with respect to any failure to provide that amenity or ancillary service. EXCEPTION: If a Passenger has paid for a specific ancillary service or amenity in advance of the flight as a separate fee specifically designated for such ancillary service or amenity and that ancillary service or amenity is not provided, the Passenger is eligible for a refund of the amount paid if a refund request is made within 90 days of the date the fee was originally paid or the flight date, whichever is later. UA is not liable to refund this fee otherwise eligible for refund if the request is received after that time.
Feb 20, 2020, 3:42 pm
#93
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I'm sure TPG and all the other sites would encourage people to go this route if indeed it worked. Regardless, I don't see a breach. bolding is mine below
“Class of service” in this Contract of Carriage refers to classes of service as determined by UA without regard to the specific level of ancillary services or amenities provided in that class of service (as compared to any originally scheduled flight). Any ancillary service or amenity, including but not limited to live television, wi-fi services, priority boarding, advance seat assignments, and meal service, are not guaranteed. Regardless of whether there is a Schedule Change, Irregular Operations, Force Majeure Event, or other change or circumstance that results in an ancillary service or amenity not being available on any flight, UA shall have no liability for, and shall owe no refund with respect to any failure to provide that amenity or ancillary service. EXCEPTION: If a Passenger has paid for a specific ancillary service or amenity in advance of the flight as a separate fee specifically designated for such ancillary service or amenity and that ancillary service or amenity is not provided, the Passenger is eligible for a refund of the amount paid if a refund request is made within 90 days of the date the fee was originally paid or the flight date, whichever is later. UA is not liable to refund this fee otherwise eligible for refund if the request is received after that time.
“Class of service” in this Contract of Carriage refers to classes of service as determined by UA without regard to the specific level of ancillary services or amenities provided in that class of service (as compared to any originally scheduled flight). Any ancillary service or amenity, including but not limited to live television, wi-fi services, priority boarding, advance seat assignments, and meal service, are not guaranteed. Regardless of whether there is a Schedule Change, Irregular Operations, Force Majeure Event, or other change or circumstance that results in an ancillary service or amenity not being available on any flight, UA shall have no liability for, and shall owe no refund with respect to any failure to provide that amenity or ancillary service. EXCEPTION: If a Passenger has paid for a specific ancillary service or amenity in advance of the flight as a separate fee specifically designated for such ancillary service or amenity and that ancillary service or amenity is not provided, the Passenger is eligible for a refund of the amount paid if a refund request is made within 90 days of the date the fee was originally paid or the flight date, whichever is later. UA is not liable to refund this fee otherwise eligible for refund if the request is received after that time.
I'm not saying a small claims action will succeed. But it is not preempted and it's not a totally outlandish suggestion.
Feb 20, 2020, 3:44 pm
#94
Join Date: Aug 2008
Location: Houston, TX
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Posts: 101
I'm sure TPG and all the other sites would encourage people to go this route if indeed it worked. Regardless, I don't see a breach. bolding is mine below
“Class of service” in this Contract of Carriage refers to classes of service as determined by UA without regard to the specific level of ancillary services or amenities provided in that class of service (as compared to any originally scheduled flight). Any ancillary service or amenity, including but not limited to live television, wi-fi services, priority boarding, advance seat assignments, and meal service, are not guaranteed. Regardless of whether there is a Schedule Change, Irregular Operations, Force Majeure Event, or other change or circumstance that results in an ancillary service or amenity not being available on any flight, UA shall have no liability for, and shall owe no refund with respect to any failure to provide that amenity or ancillary service. EXCEPTION: If a Passenger has paid for a specific ancillary service or amenity in advance of the flight as a separate fee specifically designated for such ancillary service or amenity and that ancillary service or amenity is not provided, the Passenger is eligible for a refund of the amount paid if a refund request is made within 90 days of the date the fee was originally paid or the flight date, whichever is later. UA is not liable to refund this fee otherwise eligible for refund if the request is received after that time.
“Class of service” in this Contract of Carriage refers to classes of service as determined by UA without regard to the specific level of ancillary services or amenities provided in that class of service (as compared to any originally scheduled flight). Any ancillary service or amenity, including but not limited to live television, wi-fi services, priority boarding, advance seat assignments, and meal service, are not guaranteed. Regardless of whether there is a Schedule Change, Irregular Operations, Force Majeure Event, or other change or circumstance that results in an ancillary service or amenity not being available on any flight, UA shall have no liability for, and shall owe no refund with respect to any failure to provide that amenity or ancillary service. EXCEPTION: If a Passenger has paid for a specific ancillary service or amenity in advance of the flight as a separate fee specifically designated for such ancillary service or amenity and that ancillary service or amenity is not provided, the Passenger is eligible for a refund of the amount paid if a refund request is made within 90 days of the date the fee was originally paid or the flight date, whichever is later. UA is not liable to refund this fee otherwise eligible for refund if the request is received after that time.
Feb 20, 2020, 3:51 pm
#95
Join Date: Sep 2006
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Which, presumably - he could have asked for a free change or refund had the broken seat been known before takeoff. Since he has not come back to the thread, looks like we will never know more details.
Feb 20, 2020, 7:00 pm
#96
Join Date: Jan 2020
Posts: 171
But it isn’t.
Here’s a thought experiment for you. UA operates three-class 781s from EWR-SFO. On those planes, if someone told you that your J seat was broken, and offered you $300 either to (a) sit in the same seat, or (b) change to PE, which really is just a regular domestic first class seat, which would you choose?
Personally, I’d keep J 100 times out of 100.
Here’s a thought experiment for you. UA operates three-class 781s from EWR-SFO. On those planes, if someone told you that your J seat was broken, and offered you $300 either to (a) sit in the same seat, or (b) change to PE, which really is just a regular domestic first class seat, which would you choose?
Personally, I’d keep J 100 times out of 100.
Not sure how much you actually fly but on the return from Asia and taking that final TCON to BOS I may be 24 or more hours since departing the hotel.
That walking dead feeling is only helped by actually sleeping. The seat is a big deal it’s not just semantics.
Feb 20, 2020, 11:43 pm
#98
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Join Date: Jun 2005
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However, my other point is that none of this should matter. I absolutely do not want UA to take what you paid into account, because that leads the way to all sorts of things -- involuntary downgrades with no comp: "sorry, you were on an upgrade / sorry, you were on a P fare, and Y is more expensive," IRROPS based upon fare: "Sorry, we have to wait for G availability, because you bought a G fare. You can fly two weeks from Saturday," etc.
Whatever the compensation is for a broken seat, IMO, should have absolutely nothing to do with what the fare cost.
Whatever the compensation is for a broken seat, IMO, should have absolutely nothing to do with what the fare cost.
Feb 21, 2020, 2:49 pm
#99
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Join Date: Oct 2014
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In this case you paid for a bundle of things and only got some of them. So you get a partial refund. The question is, how much of the price you paid is allocated to the part you didn't get.
Feb 21, 2020, 3:08 pm
#100
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Feb 22, 2020, 3:58 pm
#101
Join Date: Apr 2015
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Posts: 4,098
Same. And at least as recently as abt a year ago, was provided $1000 ETC for downgrade of PS flight from lie-flat 752 to recliner 753. $300 ETC for lie-flat seat that won't recline AT ALL seems low. I also agree that reasonable compensation AS A UA BUSINESS DECISION in this instance has ZERO to do with what the pax paid for the seat, whether it was an award ticket, or an upgrade. What it might have to do with, however, is the status of the pax.