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re: United's dragged passenger hires high-powered Chicago personal injury lawyer

Posted on 4/12/17 at 10:19 am to
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:19 am to
quote:

Of course United has the right to toss him. We can safely assume they have that in the fine print
Can we?

I quoted 2-3 aviation attorneys last night in the other thread that say there is no fine print, so why would we safely make that assumption if those who know more than us won't?

This post was edited on 4/12/17 at 10:20 am
Posted by AwesomeSauce
Das Boot
Member since May 2015
11631 posts
Posted on 4/12/17 at 10:19 am to
quote:



Maybe you'll believe united if you don't believe me?


Overbooked implies they booked 70+ seats on a 70 seat craft. They did not overbook. Once they deemed the extra crew would need four seats the plane became oversold as there are now only 66 available seats. I didn't say overbooked you changed the word to fit your argument without conceding the fact that you were also changing the definition. United uses the term oversold in their agreement because it covers both instances overbooked/less seats than planned.
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 4/12/17 at 10:21 am to
quote:

Semantics. Overbooked implies 70 seats 70+ boarding passes. Full means 70/70, but once the staff was manifested it was 70/66. UA did not overbook, but they did reduce the number of available seats on a full plane.


You might want to look up the definition of oversold per the contract.

quote:

Oversold Flight means a flight where there are more Passengers holding valid confirmed Tickets that check-in for the flight within the prescribed check-in time than there are available seats.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:22 am to
quote:

Link?



LINK

There are others as well. Not saying there aren't any on the other side, but I tried to find any expert attorneys saying the opposite, and I could not.
Posted by Henry Jones Jr
Member since Jun 2011
77837 posts
Posted on 4/12/17 at 10:22 am to
quote:

Arguably exercising your rights per a contract = Moron


Nice!!
You are paying the company for their services and they have the right at any time to deny you that service. It's not that hard to understand.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:23 am to
quote:

Overbooked implies they booked 70+ seats on a 70 seat craft. They did not overbook. Once they deemed the extra crew would need four seats the plane became oversold as there are now only 66 available seats. I didn't say overbooked you changed the word to fit your argument without conceding the fact that you were also changing the definition
As I've asked quite a few times, if they did not overbook, what provision of the Contract of Carriage made it legally permissible to have him removed?
Posted by Sneaky__Sally
Member since Jul 2015
12364 posts
Posted on 4/12/17 at 10:23 am to
quote:

You are paying the company for their services and they have the right at any time to deny you that service. It's not that hard to understand.


So you are sitting quietly watching Ole Miss play a game in a seat you paid for. They get police to come kick you out of said seat and stadium so that an employee can sit in said seat. You are totally cool with that right?
This post was edited on 4/12/17 at 10:24 am
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 4/12/17 at 10:24 am to
quote:

I've seen nothing that states UA is allowed to do this. Expert lawyers in this field have argued that they very well may not have had any authority to make that decision.


As my lawyer once told me once you get to court a contract is just one piece of evidence that will be considered, it is not a guarantee of one party being right or wrong.
Posted by lsupride87
Member since Dec 2007
112582 posts
Posted on 4/12/17 at 10:24 am to
quote:

You are paying the company for their services and they have the right at any time to deny you that service
Except that isnt true

You enter into a contract once you offer over consideration(money)

United is then forced to follow terms of said contract.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:24 am to
quote:

You are paying the company for their services and they have the right at any time to deny you that service. It's not that hard to understand.
Apparently it is, because they don't seem to have that right you think they had.

You're arguing that they can tear up a contract for any reason they want when the contract does not state that.
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 4/12/17 at 10:25 am to
quote:

contract is just one piece of evidence that will be considered, it is not a guarantee of one party being right or wrong.


I would love to see this in court. Hopefully the idiot CEO doesn't settle.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:25 am to
quote:

You enter into a contract once you offer over consideration(money)

United is then forced to follow terms of said contract.
It's only true if the contract states "they have the right at any time to deny you that service" but probably with much fancier words that makes it impossible for me to even know what they just said.
This post was edited on 4/12/17 at 10:26 am
Posted by Koach K
Member since Nov 2016
4818 posts
Posted on 4/12/17 at 10:25 am to
Dude is a troublemaker. He is obviously one of those people that is perpetually "just minding his own business" and trouble just magically comes his way.

I am really more surprised he didn't try to trade some gay sex or prescription pain pills for a seat with the damn gate agents.
Posted by baldona
Florida
Member since Feb 2016
24467 posts
Posted on 4/12/17 at 10:28 am to
quote:

Overbooked implies they booked 70+ seats on a 70 seat craft. They did not overbook. Once they deemed the extra crew would need four seats the plane became oversold as there are now only 66 available seats


Do you know this is how it works for a fact? So "must rides" automatically reduce the amount of seats? I'm not saying its not true, but you are literally the first person to say that. Additionally, United themselves said the flight was not "oversold" and if "must rides" reduced the number of seats from 70-66 or whatever would that not create an "oversold" situation?
Posted by teke184
Zachary, LA
Member since Jan 2007
105178 posts
Posted on 4/12/17 at 10:28 am to
Why bother with the gate agent?

He could have made an open offer to anyone onboard for a hummer in exchange for the recipient debarking.


It still would have been a better plan than anything United did to get people off the plane.
Posted by lsupride87
Member since Dec 2007
112582 posts
Posted on 4/12/17 at 10:28 am to
quote:

Dude is a troublemaker. He is obviously one of those people that is perpetually "just minding his own business" and trouble just magically comes his way.
He literally was sitting in a paid for fricking seat, minding his own business, and they made him leave.


I mean literally he was minding his own fricking business
Posted by Henry Jones Jr
Member since Jun 2011
77837 posts
Posted on 4/12/17 at 10:29 am to
quote:

So you are sitting quietly watching Ole Miss play a game in a seat you paid for. They get police to come kick you out of said seat and stadium so that an employee can sit in said seat. You are totally cool with that right?
If it says that on the back of the ticket, then yeah. I have to be. You can't agree to a contract then get pissed at the company when it is enforced.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:30 am to
quote:

Do you know this is how it works for a fact? So "must rides" automatically reduce the amount of seats? I'm not saying its not true, but you are literally the first person to say that. Additionally, United themselves said the flight was not "oversold" and if "must rides" reduced the number of seats from 70-66 or whatever would that not create an "oversold" situation?

Right, all I'm asking is show me where.

Too many posters are posting as they're so certain but I don't see any of them showing me where anything they says is so.
Posted by Henry Jones Jr
Member since Jun 2011
77837 posts
Posted on 4/12/17 at 10:30 am to
quote:

United is then forced to follow terms of said contract.

The terms of the contract say they can remove him from the plane for any reason they see fit.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 4/12/17 at 10:30 am to
quote:

If it says that on the back of the ticket, then yeah. I have to be. You can't agree to a contract then get pissed at the company when it is enforced.
Now show us where the passenger's contract said they could remove him for any reason they want.
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