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re: United Attempted to Throw Another Passenger Off

Posted on 4/13/17 at 4:40 pm to
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/13/17 at 4:40 pm to
quote:

They paid for a contractual agreement that INCLUDES LANGUAGE ABOUT OVERBOOKING
The asian dude's flight wasn't overbooked.

This one seemed to have a legit reason. Super shitty to do it after the dude is on the plane and in his seat though, but this one doesn't appear to be exactly the same as the Asian dude's scenario.
Posted by AwesomeSauce
Das Boot
Member since May 2015
11628 posts
Posted on 4/13/17 at 4:50 pm to
quote:

INCLUDES LANGUAGE ABOUT OVERBOOKING.

All of UA’s flights are subject to overbooking which could result in UA’s inability to provide previously confirmed reserved space for a given flight or for the class of service reserved. In that event, UA’s obligation to the Passenger is governed by Rule 25.

Is the only language regarding overbooking that is applicable to this particular instance. Rule 25 merely states compensation available for denied boarding. United is ultimately free and in the clear here. Sucks for the guy and UA is very much in need of a customer service overhaul, but IDK what anyone could say they did wrong here.
Posted by NYNolaguy1
Member since May 2011
21840 posts
Posted on 4/13/17 at 4:52 pm to
quote:

All of UA’s flights are subject to overbooking which could result in UA’s inability to provide previously confirmed reserved space for a given flight or for the class of service reserved. In that event, UA’s obligation to the Passenger is governed by Rule 25.


Here's a good breakdown of rule 25 from another lawyer... Who thinks United is in trouble.

quote:

United’s Rule 25, as its title clearly implies, applies only to denied boarding. Thus, it uses the word “denied boarding,” and variants such as “deny boarding,” but says nothing about requiring passengers who have already boarded to give up their seats.

Indeed, it states in part, using the word “boarding” twice, that: “other passengers may be denied boarding involuntarily in accordance with UA’s boarding priority.

Clearly, a “boarding priority” does not include or imply an involuntary removal or refusal of transport. Moreover, under well accepted contract law, any ambiguous term in a contract must be construed against – and in the way least favorable to – the party which drafted it.

So, even if United argued that there was some ambiguity in “denied boarding” based upon “boarding priority” – and that it could possibly mean removal based upon a removal priority – a court would be forced to rule against this interpretation because United drafted the contract.

This denied boarding rule, and similar rules applying to Great Britain and the European Union, only permit denying boarding, not removing a passenger who has already boarded. The situations under which airlines are permitted to have a passenger who has already been boarded disembark are contained in a completely separate section the United’s COC entitled “Refusal of Transport.”

Rule 21, entitled “Refusal of Transport,” is very different because it clearly and expressly covers situations in which a passenger who has already boarded the plane can be removed. It states clearly: “Rule 21, Refusal of Transport, UA shall have the right to refuse to transport or shall have the RIGHT TO REMOVE FROM THE AIRCRAFT AT ANY POINT, any passenger for the following reasons.” [emphasis added]

The rule, which unlike the denied boarding rule does provide for removal “from the aircraft at any point,” lists some two dozen justifications including: unruly behavior, intoxication, inability to fit into one seat, medical problems or concerns, etc. But nowhere in the list of some two dozen reasons is there anything about over booking, the need to free up seats, the need for seats to accommodate crew members to be used on a different flight etc.


LINK
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 4/13/17 at 4:55 pm to
quote:

Here's a good breakdown of rule 25 from another lawyer.

as I pointed out, this is a Warsaw agreement issue regarding over sale/booking, not a denied boarding issue, assuming this just from what I've read, lawyer is looking at the wrong rules
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71829 posts
Posted on 4/13/17 at 4:58 pm to
This happens multiple times a day for every airline and I'm judging the frick out of people who overreact to each "new" story. Tards.
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 4/13/17 at 5:14 pm to
So he bought a ticket at the last minute, for a seat that ended up being needed for the federal air marshal?

Sorry. I'm siding with giving the seat to an air marshal each and every time if I'm a passenger on that plane
Posted by Teddy Ruxpin
Member since Oct 2006
40991 posts
Posted on 4/13/17 at 5:39 pm to
quote:

Do you not understand that the more of these stories come out the less people will use united? It's bad fricking business.


All airlines do this. What happened on that plane would have happened on another airline if that Asian guy was on it and those particular cops were reported to the plane.

God damn it why did I post and keep this damn story going.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 4/13/17 at 5:41 pm to
quote:

God damn it why did I post and keep this damn story going.

Damn your eyes Taggart!
Posted by X123F45
Dictated not Read
Member since Apr 2015
30030 posts
Posted on 4/13/17 at 5:43 pm to
quote:

Goddamn right they wouldn't, cause they're scared of our primal instincts and our huge dicks.




Swing and a miss.

You could have highlighted our history of genocide.
Posted by ssgrice
Arizona
Member since Nov 2008
3205 posts
Posted on 4/13/17 at 5:45 pm to
quote:

was eventually put in an economy middle seat between a married couple who were fighting and refused to sit next to each other

Dang. my parents never said they were going to Hawaii
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46425 posts
Posted on 4/13/17 at 6:29 pm to
quote:

I'm siding with giving the seat to an air marshal each and every time if I'm a passenger on that plane


Fair enough, but don't tell one of your paying customers that someone else is 'more important'.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/13/17 at 6:30 pm to
quote:

actually that's their prerogative as well, typically it's when they need these company people down line for something they deem crucial to the operation of the airline, so overbooking/sales would apply because the seats would be blocked off for the employees

The contract on oversold states it has to have more tickets than seats available "at the prescribed check in time"

Do you have any insight as to what time they're referring to for a typical flight?
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71829 posts
Posted on 4/13/17 at 6:37 pm to
quote:

but don't tell one of your paying customers that someone else is 'more important'.



If you believe that...
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41660 posts
Posted on 4/13/17 at 7:10 pm to
quote:

They paid for a contractual agreement that INCLUDES LANGUAGE ABOUT OVERBOOKING.


Not for long.

This crap is when the Feds, right or wrong, decide to get involved.

10 months from now, we will have regulations severely limiting this practice.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/13/17 at 7:13 pm to
quote:

Not for long.

This crap is when the Feds, right or wrong, decide to get involved.

10 months from now, we will have regulations severely limiting this practice.

10 months from now, we'll have lots of folks bitching about the cost of airfare.
Posted by PsychTiger
Member since Jul 2004
110670 posts
Posted on 4/13/17 at 7:18 pm to
They've hired a new ad man.

Posted by member12
Bob's Country Bunker
Member since May 2008
33146 posts
Posted on 4/13/17 at 7:21 pm to
United sucks.

Easily the worst of the legacy carriers.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41660 posts
Posted on 4/13/17 at 7:41 pm to
quote:

10 months from now, we'll have lots of folks bitching about the cost of airfare


Agreed.

Unless, they just reform the cost of overboarding, and the manner in which you can remove people, without completely blocking it.

For example, you can't remove someone once their boarding pass has been scanned. And, an increase in the amounts required for involuntary boarding.
Posted by Schmelly
Member since Jan 2014
16429 posts
Posted on 4/13/17 at 7:46 pm to
Can u buy a ticket that is "overbooking proof"? If not, why not? Problem solved
Posted by CHiPs25
Member since Apr 2014
3129 posts
Posted on 4/13/17 at 8:26 pm to
What do you think people care more about, paying the cheapest possible price or some overblown media event? 10 times out of 10 it's cheapest possible price. The next time these people that are bitching want to fly and United is cheaper than southwest, delta or whatever other airlines, they're going to fly United.

If an airline can survive crashing and killing 144 people, then it can survive a chinaman losing a few teeth.

United is typically a business person's airline anyways. Business people don't care about this BS, they just want to get on a plane with their award status, fly to their destination, get their hotel points that are also tied to their airline points and then fly home.

Anyone that thinks this is going to have a long term impact on United can go hang out with the other snowflakes.
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