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Originally Posted by biker1
As I already started, and as is written in the Contract of Carriage, there is a maximum compensation.
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We can agree that United's contract only offers the ticketed passenger a maximum of 1350 for being involuntarily denied boarding. That is their corporate choice and a business decision. They are in compliance with DOT rules which state that United must pay at least that amount for a ticket priced at 1/4 that amount.
Where we are having an issue is your suggestion that DOT sets the maximum that United or any other carrier can offer to induce a passenger to give up their seat.
I am not the only one who reads your comment as saying the DOT only allows 1350 as the maximum United could give.
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As Biker1 has already posted, by federal law they could of offered up to $1350.
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. And it was that comment about a federal law setting an "up to" that began this exchange when I wrote a post saying that is an incorrect understanding.
Again here is post 130 from you
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There is a difference between DOT mandated compensation for involuntary bumping and the fact that there is no DOT mandated compensation for voluntary bumping. The $1350 limit is DOT imposed for involuntary bumping with a 2 hour delay in arrival.
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The first sentence is true. The airline can offer as little as nothing to induce people to volunteer to give up their seat. The second sentence is wrong in that you claim there is a mandated limit of 1350 for involuntary bumping. You suggest the 1350 is the MOST the airline can offer because that number is DOT mandated. The limit is a bottom limit. It is the minimum United and all other carriers must pay to involuntary denied passengers. Again see the actual DOT language, it includes the word minimum. So United is not bound by regulation to only offer 1350. It can have in its contract any language but the language they chose equates to:
If you are involuntarily bumped the government forces us to pay you 1350 and we will not offer one penny more as that complies with the minimum we get away with.
Once a passenger agrees to any lower [or higher] amount they are no longer being involuntarily bumped so the DOT rules no longer apply. As long as you will agree that the DOT sets the minimum amount due the involuntary bumpee and the airline picks any number which can be any number equal or greater than required, we are done. And this is an issue when people say, well United was only allowed to offer 1350 to try to get people to give up seats. No, United was allowed to offer whatever it needed to offer to get someone to give up its seats. Even in a contract, one side can give more than the contract language stipulates, just not less. It never even offered the 1350 which its own contract says was the amount it would owe for involuntary denial of boarding.
As to what did this accomplish? Airlines now will never force a passenger off a flight for their own convenience. Passengers will be more aware of their rights. Airport security will perhaps train their people better. There may be greater understanding of the need for a functioning Consumer Protection Agency. These are some positive outcomes of a very unfortunate event.
Time for nine and dine