I keep hearing about this Amazon thing. Maybe some day I will try it.

United Contract

Everybody says United has the right to do what they did because of their contract. Turns out that is wrong.

The bumping rule only applies to oversold flights. This was NOT an oversold flight. Also it does not apply once you have boarded. Once you're on the plane, you're on the plane and can't be bumped.

https://www.united.com/web/en-US/content/contract-of-carriage.aspx#sec25
Permalink Pestular Croaker 
April 14th, 2017 1:47pm
A lawyer analyzes the contract and concludes UNited has no case.

https://www.bloomberg.com/view/articles/2017-04-13/united-broke-its-contract-with-frequent-flyers
Permalink Pestular Croaker 
April 14th, 2017 1:49pm
Also of interest is the amount the agree to pay you for volunteering in addition to full fare for the next trip. It's a minimum of 200% of your ticket price, not to exceed $675, as long as you arrive no later than 2 hrs after your original arrival time.

If you are to arrive more than 2 hrs after your original arrival time, it's 400% of your ticket price, not to exceed $1350.

These passengers were being delayed more than 2 hrs since the next flight out on that route was the next day, so they were entitled to $1350. But they were offered $400, then $800 and the airline said they couldn't go higher. That's wrong, the airline's own contract says they should and can go higher.
Permalink Pestular Croaker 
April 14th, 2017 2:23pm
Except that this part of the contract only applies to oversold flights, and this wasn't an oversold flight.
Permalink Pestular Croaker 
April 14th, 2017 2:23pm
United Pilots union went out and criticized the airline for this problem. It wasn't United Pilot that flew this plane. This is a subcontractor airplane with subcontractor pilot. It is Republic Airline plane and pilot.

https://www.yahoo.com/news/united-pilots-furious-over-passenger-163732437.html
Permalink WorldRover 
April 14th, 2017 2:34pm
United Pilots are the #1 group to blame. Their statement is bullshit.

The captain has 100% authority and responsibility for what happens on the plane. He is the one who personally authorized the use of force against the passenger by calling police to remove passengers as soon as no one volunteered.

The statement by the pilots is totally disgusting and an absolute cop out.
Permalink Pestular Croaker 
April 14th, 2017 3:27pm
It seems kind of weird that there's a law stating the maximum compensation for bumping someone from a flight.  Who lobbied for that law?  (Hint: the airlines)

They should be required to keep increasing the offer until someone takes it.  There shouldn't be a cap.
Permalink FSK 
April 14th, 2017 7:47pm
I don't know if there's a statutory law, but that's the United Carriage Contract that passenger agree to when purchasing a ticket. Under contract law, both parties have to abide by the terms.
Permalink Pestular Croaker 
April 14th, 2017 9:31pm
> Also of interest is the amount the agree to pay you for volunteering

Dr Dao didn't volunteer, so volunteering rules do not apply.


If they had the right to bump him (which depends on whether you consider he had boarded), federal rules on involuntary bumping, which requires cash compensation, apply.
Permalink MobyDobie 
April 15th, 2017 3:27am
The bumping rule only applies to oversold flights. This was NOT an oversold flight.
Permalink Pestular Croaker 
April 15th, 2017 8:26am
Sounds a bit of a loophole
Permalink The Great Waldo 
April 15th, 2017 9:24am

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