Talk of The Villages Florida

Talk of The Villages Florida (https://www.talkofthevillages.com/forums/)
-   The Travel Forum (https://www.talkofthevillages.com/forums/travel-forum-119/)
-   -   Man forcibly dragged off plane after refusing to give up seat to United employee (https://www.talkofthevillages.com/forums/travel-forum-119/man-forcibly-dragged-off-plane-after-refusing-give-up-seat-united-employee-237656/)

Steve9930 04-14-2017 07:58 AM

Quote:

Originally Posted by biker1 (Post 1386173)
First of all, I am not making any mistake because I don't pretend to know the airline business. Your mistake, on the other hand, is pretending you know more than the people doing yield management for the airlines. They, as well as other service industries with a fixed and time volatile inventory, overbook because it increases their bottom line based, in part, on the past history of the flight. Airlines could stop overbooking tomorrow if they wanted. To assume they continue doing something that provides no economic benefit is silly. To suggest they should just drop the business model they have today is silly and naive. It is easy to criticize when you don't know the details.

Overbooking is based on statistical modeling. For each flight, they model how many people will actually show up (and yes, many of the no-shows will pay a penalty to use their non-refundable ticket) and by how much they should overbook. Perfect overbooking would result in paying no compensation for voluntary or involuntary bumps but would yield more revenue than if they didn't overbook via a paying customer in every seat (and yes, each seat may have a different price because of their yield management strategy). To suggest that overbooking is a vestige of the past is naive. Yield management with overbooking is a sophisticated optimization problem. They are looking to maximize the revenue for each flight and overbooking is part of the strategy. The point you probably miss is that overbooking only makes sense when you have a statistical expectation of no-shows, which the major carriers apparently do because of business travel (I used to change flights quite often). You can claim that you don't overbook, as part of a marketing strategy to the uninformed, when your client base has a low no-show rate or you lack the yield management capabilities to do it effectively. Why you would care whether an airline overbooks, when considering the very low average involuntary bumping rate of 1 in 10,000, is beyond me.

Your assuming I never worked in the airline industry. I told you what I was in charge of, not who I worked for...... So when I tell you airlines do not need to over book that may be coming from a seat of knowledge, you'll never know.

retiredguy123 04-14-2017 08:57 AM

This entire issue is a no brainer. The man bought a ticket, was assigned a seat, was allowed to board the plane, and was sitting in his assigned seat. United had no justification to do anything, but to let him fly. Overbooking really has nothing to do with the situation. It was too late to bump the man from the flight.

Steve9930 04-14-2017 09:25 AM

Quote:

Originally Posted by retiredguy123 (Post 1386282)
This entire issue is a no brainer. The man bought a ticket, was assigned a seat, was allowed to board the plane, and was sitting in his assigned seat. United had no justification to do anything, but to let him fly. Overbooking really has nothing to do with the situation. It was too late to bump the man from the flight.

Right on target. United's Company policy also indicates such. The man was not causing any scene and was not a threat. United screwed up big time. The police screwed up big time. He will get a big check, the settlement will be sealed, and life will go on for him and his family only with more money in the bank.

golfing eagles 04-14-2017 09:30 AM

UAL committed a flagrant violation of two inviolate rules:

Rule 1: You do not talk about fight club

Rule 2: YOU DO NOT TALK ABOUT FIGHT CLUB!!!

red tail 04-14-2017 11:16 AM

united pilots response
 
And now, United Airlines pilots have released an official statement voicing their shared outrage over the incident.
United Master Executive Council — the union that represents all of the airline’s 12,500 pilots — released a public letter condemning what took place on on Flight 3411.
“The safety and well-being of our passengers is the highest priority for United pilots, and this should not have escalated into a violent encounter. United pilots are infuriated by this event,” they wrote.
The pilots also wanted to make it clear that the flight was actually one of United’s “contracted Express carriers, separately owned and operated by Republic Airline.” This means that the staff and crew were not technically United Airlines employees, and United pilots believe this is an important distinction.
They also noted that they believe the majority of blame should be placed on the Chicago Department of Aviation (the department that employs the security officers who removed Dao), for their “grossly inappropriate response.”
Whatever your opinions on the matter, we can all safely agree that the incident should have never occurred, and we sincerely hope that United is reviewing all internal policies that led to the occurrence. It also sounds like the Chicago Department of Aviation should be undertaking their own thorough internal investigation into their standards and practices.
Wishing*Dr. Dao a full recovery.

blueash 04-14-2017 11:46 AM

An excellent analysis by an attorney which I am going to both link and extensively copy here, as it deals with the issues well and seems to be neutral and accurate.

Quote:

Rule 25 of the contract of carriage is fundamentally irrelevant to this situation, since it applies only to resolving overbooking issues prior to boarding. This flight was coincidentally overbooked but that situation had been resolved by volunteers and the flight was then boarded and the passengers seated. The flight, and the rights of the seated passengers, were then exactly as they would have been if the flight had not been overbooked, but booked exactly to capacity, and then the passengers had been boarded and seated. That circumstance was governed by Rule 21, which lists numerous circumstances under which a passenger may be denied transportation or removed from the aircraft. None of those listed conditions applies to Dr. Dao’s case. There is no authority in the contract to remove a passenger in order to make room for another passenger or an employee that the company now wishes to transport and give preference to over the seated passenger. Period. When Dr. Dao refused to vacate his seat, he was not in violation of his contract of passage. Nor is there any evidence that in refusing he raised a ruckus more than emphatically declining, and not moving. ..Since Dr. Dao was within his contractual rights to refuse to vacate his seat, his refusal (barring evidence of excessive profanity and unreasonable shouting or scary flailing about) cannot be said to be disorderly, offensive, abusive or violent. And neither can it be said that he “failed to comply with or interfer(ed) with the duties of the members of the flight crew” since their “duties” cannot properly encompass an illegal ejection from his seat and denial of transport. So at this point United, through its agents, was entirely in the wrong. Then they called the cops, and told them that they had a disruptive passenger that they wanted removed. Or rather, they called the Chicago Airport Security Force (sometimes referred to as the Chicago Airport Police Force). This 300 member force exists somewhere between a police force and a private security force. It is an arm of the Chicago Department of Aviation (CDA), which administers all aspects Chicago O’Hare and Midway International Airports. Its officers cannot carry firearms, but do have ordinary police arrest powers. So when the United Airlines crew called them and said they had a “disruptive” passenger that they wanted removed, did this give them probable cause to arrest Mr. Dao?

Technically, when Rule 21 is properly triggered, the passenger is asked to leave, and when he does not, he becomes a criminal trespasser subject to arrest (and of course the right to arrest includes the right to remove). Here the crew told the security officers that he was in that status, but they were mistaken. Did that give the officers the right to arrest because, although there was no criminal trespass, they had a right to rely on the assertion of the crew that there was? The answer to this is almost certainly yes, technically. This comes up fairly commonly when a complainant turns out to have been lying, for instance. The police still have probable cause to arrest based on the complainant’s original statement to them. It would have taken a very special officer to perceive that there was a problem with treating the refusal a seated passenger to give up his seat to another involuntarily as a “disruptive passenger” when the airline personnel assured them that this was a proper trigger of the right of removal.
And even if there was no authority on the part of the security officers to arrest in this circumstance, in Illinois one does not have the right to resist an arrest by an officer with the power of arrest by going limp even if the arrest is later found to have been illegal—it is still resisting arrest. So Dr. Dao did illegally resist arrest by going limp and making them pull him out.
Or maybe not. These “officers” appear to have been dressed in jeans and blue shirts with arm patches and baseball caps with some sort of inscription on the front.. It is not clear that they displayed badges and explained their authority. If they did not, then there was no way for Dr. Dao to know they were officers with the authority to arrest, and to issue orders pursuant to arrest--get up, put your hands behind your back, etc.--which must be complied with even though they comprise affirmative acts by the arrestee. From a reasonable person in Dr. Dao’s position they may have simply looked like hired goons of the airline, with no more arrest authority than a bar bouncer. If so, then I believe he had a right to passive resistance (not initiating a breach of the peace or affray), and would have acted lawfully by going limp.
Whichever way this would come out on a closer examination of the details of the episode, none of this is a defense for United, who through its agents misled the “officers” about a “disruptive” passenger they claimed they had a right to remove. And none of it makes the actions of the apparently poorly trained security officers prudent or reasonable in a general sense. But it does make the situation more complicated than it might appear at first glance.
Slightly edited to shorten, see original linked above. There is some discussion in the comment section that the issue of going limp is moot as Dao did not go limp until after his head struck the armrest and was concussed.

autumnspring 04-14-2017 11:57 AM

For my two cents worth
 
Quote:

Originally Posted by Paper1 (Post 1384831)
I believe they said flight was overbooked with no takers for a later flight. Picked name by random, according to what I heard. Should airline held up flight until he walked off on his own? Mistake made was letting him back on plane once decision was made. Overbooking is a fact of life, tickets and cancelations would be much more expensive without it.

I expect as others have said that this will cost United a pile of money.

I do find it interesting how poor the news coverage has been.

There was a story that Buffet lost 24 million dollars. I think I heard this on 96.5 FM a right leaning radio station out of Orlando. The stock market has been down about 1% this week and United fell 2%. For Buffet 24 million is petty cash.

United offered any passenger $600 to give up their seat and there were not enough takers. Interesting, which I did not know before the amount they can offer is controlled by the government. Contrary to what some people have said they simply could not offer any more.

As to that, "Doctor," claiming damages. He acted as a spoiled child. He did not think twice about his actions delaying the other ?????? hundred or so people on the plane. As he CRIED about his rights he simply did not care about anyone but himself. The doctor's daughter, I will guess she is about 40 years old spoke at a press conference. I am very skilled at reading people.
I WILL BET THIS IS NORMAL BEHAVIOR FOR HER FATHER.

Sadly, like the head of BP who publicly accepted guilt for the gulf oil spill the head of United apologized for the action of his employees. Like OBAMA and the dirtbag attys did to BP. BP paid millions for UNJUSTIFIED CLAIMS. United will likely be destroyed by this GUILTY OR NOT.

biker1 04-14-2017 12:21 PM

The amount of compensation for involuntary bumping is a function of the delay in getting the person to their destination. According to United's Contract of Carriage, it could be as high as $1350 for a 2 hours delay. It isn't clear what the delay would have been. There are no DOT rules regarding compensation for voluntary bumping.

Quote:

Originally Posted by suesiegel (Post 1386332)
I expect as others have said that this will cost United a pile of money.

I do find it interesting how poor the news coverage has been.

There was a story that Buffet lost 24 million dollars. I think I heard this on 96.5 FM a right leaning radio station out of Orlando. The stock market has been down about 1% this week and United fell 2%. For Buffet 24 million is petty cash.

United offered any passenger $600 to give up their seat and there were not enough takers. Interesting, which I did not know before the amount they can offer is controlled by the government. Contrary to what some people have said they simply could not offer any more.

As to that, "Doctor," claiming damages. He acted as a spoiled child. He did not think twice about his actions delaying the other ?????? hundred or so people on the plane. As he CRIED about his rights he simply did not care about anyone but himself. The doctor's daughter, I will guess she is about 40 years old spoke at a press conference. I am very skilled at reading people.
I WILL BET THIS IS NORMAL BEHAVIOR FOR HER FATHER.

Sadly, like the head of BP who publicly accepted guilt for the gulf oil spill the head of United apologized for the action of his employees. Like OBAMA and the dirtbag attys did to BP. BP paid millions for UNJUSTIFIED CLAIMS. United will likely be destroyed by this GUILTY OR NOT.


John_W 04-14-2017 04:26 PM

Quote:

Originally Posted by suesiegel (Post 1386332)
United offered any passenger $600 to give up their seat and there were not enough takers. Interesting, which I did not know before the amount they can offer is controlled by the government. Contrary to what some people have said they simply could not offer any more.

As to that, "Doctor," claiming damages. He acted as a spoiled child. He did not think twice about his actions delaying the other ?????? hundred or so people on the plane. As he CRIED about his rights he simply did not care about anyone but himself. The doctor's daughter, I will guess she is about 40 years old spoke at a press conference. I am very skilled at reading people.
I WILL BET THIS IS NORMAL BEHAVIOR FOR HER FATHER.

Sadly, like the head of BP who publicly accepted guilt for the gulf oil spill the head of United apologized for the action of his employees. Like OBAMA and the dirtbag attys did to BP. BP paid millions for UNJUSTIFIED CLAIMS. United will likely be destroyed by this GUILTY OR NOT.

If you're stating facts along with opinions, you should tell the facts correctly. United did not offer cash but offered a voucher for $400 and there was no takers. Then they raised their offer to a $800 voucher and one night in a hotel and they still had no takers. As Biker1 has already posted, by federal law they could of offered up to $1350.

The other misconception is the flight was over-booked. It wasn't over-booked, they had the exact number of seats sold as passengers. The seats to be vacated were for Airline employees traveling on standby. So the airline called in the police to settle a business decision, to remove paying customers so that standby airline employees could have their seat. So the airline might of had the legal right to remove a passenger from an over-booked flight, but the flight was not over-booked. They removed 4 paying passengers for 4 standby employees.

BTW, I take it you have never vacationed in the Florida panhandle or anywhere on the Gulf coast for that matter. The courts have already stated that BP Was Grossly Negligent In 2010 Oil Spill.

Pensacola Beach before BP, one of the most beautiful in the World.

https://beachdoccindy.files.wordpres.../pbgbcrop1.jpg

After BP, would you swim on this beach?

https://photos.smugmug.com/Photograp...OilPier1-L.jpg

biker1 04-14-2017 04:40 PM

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. Presumably, United could have offered any compensation for voluntary bumping. Why they chose not to go to a high enough number to get enough volunteers is unclear.

Quote:

Originally Posted by John_W (Post 1386453)
If you're stating facts along with opinions, you should tell the facts correctly. United did not offer cash but offered a voucher for $400 and there was no takers. Then they raised their offer to a $800 voucher and one night in a hotel and they still had no takers. As Biker1 has already posted, by federal law they could of offered up to $1350.

The other misconception is the flight was over-booked. It wasn't over-booked, they had the exact number of seats sold as passengers. The seats to be vacated were for Airline employees traveling on standby. So the airline called in the police to settle a business decision, to remove paying customers so that standby airline employees could have their seat. So the airline might of had the legal right to remove a passenger from an over-booked flight, but the flight was not over-booked. They removed 4 paying passengers for 4 standby employees.

BTW, I take it you have never vacationed in the Florida panhandle or anywhere on the Gulf coast for that matter. The courts have already stated that BP Was Grossly Negligent In 2010 Oil Spill.

Pensacola Beach before BP, one of the most beautiful in the World.

https://beachdoccindy.files.wordpres.../pbgbcrop1.jpg

After BP, would you swim on this beach?

https://photos.smugmug.com/Photograp...OilPier1-L.jpg


ColdNoMore 04-14-2017 05:15 PM

Quote:

Originally Posted by John_W (Post 1386453)
If you're stating facts along with opinions, you should tell the facts correctly. United did not offer cash but offered a voucher for $400 and there was no takers. Then they raised their offer to a $800 voucher and one night in a hotel and they still had no takers. As Biker1 has already posted, by federal law they could of offered up to $1350.

The other misconception is the flight was over-booked. It wasn't over-booked, they had the exact number of seats sold as passengers. The seats to be vacated were for Airline employees traveling on standby. So the airline called in the police to settle a business decision, to remove paying customers so that standby airline employees could have their seat. So the airline might of had the legal right to remove a passenger from an over-booked flight, but the flight was not over-booked. They removed 4 paying passengers for 4 standby employees.

BTW, I take it you have never vacationed in the Florida panhandle or anywhere on the Gulf coast for that matter. The courts have already stated that BP Was Grossly Negligent In 2010 Oil Spill.

Pensacola Beach before BP, one of the most beautiful in the World.

https://beachdoccindy.files.wordpres.../pbgbcrop1.jpg

After BP, would you swim on this beach?

https://photos.smugmug.com/Photograp...OilPier1-L.jpg


:BigApplause:...:BigApplause:...:BigApplause:

ColdNoMore 04-14-2017 05:20 PM

Quote:

Originally Posted by biker1 (Post 1386460)
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. Presumably, United could have offered any compensation for voluntary bumping. Why they chose not to go to a high enough number to get enough volunteers is unclear.

I think the answer to that question, is something Munoz said...right after he decided to act contrite instead of blaming the passenger. :oops:

He mentioned something to the effect that.. "we need to give gate agents more leeway to use their own judgement in offering incentives."

Which suggests to me, that there is an internal policy...on how much the first line person is allowed to offer. :shrug:

I'm sure we'll learn more later.

blueash 04-14-2017 07:47 PM

Quote:

As Biker1 has already posted, by federal law they could of offered up to $1350.
This has been mentioned multiple times and is wrong. The regulation specifies a minimum amount the involuntarily bumped passenger should be offered.

Here is the language on involuntary bumping:

More than two hours later than your original arrival time on domestic flights, or more than four hours late on international flights: 400 percent of your one-way fare, up to a maximum $1,350.


That means if you have a ticket that costs $400 the airline instead of being required to give you 4 times, or 1600 only must offer 1350. If your ticket was 300 they must offer 1200 as it is not greater than 1350.

There is no regulation on the maximum they are allowed to offer if they want to get your seat. And you are entitled to a check and do not have to take an airline voucher.

This regulation, of being required to offer 400% of the ticket cost [unless you accept less not knowing the rules] means the airline will deliberately try to identify the lowest cost victim. Say you paid $200 for your seat and I paid $150 for mine. Well if they involuntarily bump you, it costs them $800, but only $600 if they bump me. Guess who will be bumped.

biker1 04-14-2017 08:03 PM

This has already been addressed. See post #128 and #130. No need to repeat the information.


Quote:

Originally Posted by blueash (Post 1386525)
This has been mentioned multiple times and is wrong. The regulation specifies a minimum amount the involuntarily bumped passenger should be offered.

Here is the language on involuntary bumping:

More than two hours later than your original arrival time on domestic flights, or more than four hours late on international flights: 400 percent of your one-way fare, up to a maximum $1,350.


That means if you have a ticket that costs $400 the airline instead of being required to give you 4 times, or 1600 only must offer 1350. If your ticket was 300 they must offer 1200 as it is not greater than 1350.

There is no regulation on the maximum they are allowed to offer if they want to get your seat. And you are entitled to a check and do not have to take an airline voucher.

This regulation, of being required to offer 400% of the ticket cost [unless you accept less not knowing the rules] means the airline will deliberately try to identify the lowest cost victim. Say you paid $200 for your seat and I paid $150 for mine. Well if they involuntarily bump you, it costs them $800, but only $600 if they bump me. Guess who will be bumped.


Paper1 04-14-2017 08:58 PM

Quote:

Originally Posted by ColdNoMore (Post 1385954)
What makes this great nation "special," is a free press whereby those with power/money cannot get away with injustices...based on those advantages.

The pen/written word...is the great equalizer for the masses. :ho:

You overlook the fact the "free press" is a money making entity now, nothing more. Sensationalism attracts viewers and therefore sponsor dollars. Look at the number of posts on this story. IMO

blueash 04-14-2017 09:50 PM

Quote:

Originally Posted by biker1 (Post 1386529)
This has already been addressed. See post #128 and #130. No need to repeat the information.

Perhaps I am having a problem with reading comprehension but both post 128
Quote:

it could be as high as $1350
and 130
Quote:

The $1350 limit is DOT imposed for involuntary bumping with a 2 hour delay in arrival.
say that the limit, or maximum, compensation is 1350.

That is wrong, the 1350 is the minimum required for tickets that cost 337.50 or more. There is no maximum. So statements saying or suggesting that the DOT rules limit the amount the airline can offer to 1350 are incorrect. So I believe I am not repeating information already presented, rather I am attempting, apparently poorly, to correct misinformation on the regulations for involuntary bumping compensation.

GatorFan 04-14-2017 10:44 PM

These were not stand by employers. They were a working crew that needed to be flown to destination to work a flight.

biker1 04-15-2017 06:10 AM

You are incorrect to say that there is no maximum. Also, please note that I was misquoted in post #129 and tried to correct the misquote in post #130. I will try again to state the facts.

I find the wording in the Contract of Carriage to be misleading and can possibly be interpreted two ways. For a two hour or greater delay, the compensation is 400% of the one-way fare with a maximum of $1350. That could be interpreted as 400% of a maximum fare of $1350 (in which case the maximum compensation would be $5400 or 4 x $1350) or the maximum compensation is $1350 (regardless of how expensive the one-way fare is). I believe the latter applies and the maximum compensation is $1350. Regardless, there is a maximum. This applies to involuntary bumping only.

Go back at reread the United Contract of Carriage.

Here is summary from my travel folks at work, bold type added by me:

If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).

Quote:

Originally Posted by blueash (Post 1386557)
Perhaps I am having a problem with reading comprehension but both post 128 and 130 say that the limit, or maximum, compensation is 1350.

That is wrong, the 1350 is the minimum required for tickets that cost 337.50 or more. There is no maximum. So statements saying or suggesting that the DOT rules limit the amount the airline can offer to 1350 are incorrect. So I believe I am not repeating information already presented, rather I am attempting, apparently poorly, to correct misinformation on the regulations for involuntary bumping compensation.


blueash 04-15-2017 08:55 AM

Quote:

Originally Posted by biker1 (Post 1386587)
You are incorrect to say that there is no maximum. Also, please note that I was misquoted in post #129 and tried to correct the misquote in post #130. I will try again to state the facts.

I find the wording in the Contract of Carriage to be misleading and can possibly be interpreted two ways. For a two hour or greater delay, the compensation is 400% of the one-way fare with a maximum of $1350. That could be interpreted as 400% of a maximum fare of $1350 (in which case the maximum compensation would be $5400 or 4 x $1350) or the maximum compensation is $1350 (regardless of how expensive the one-way fare is). I believe the latter applies and the maximum compensation is $1350. Regardless, there is a maximum. This applies to involuntary bumping only.

Go back at reread the United Contract of Carriage.

Here is summary from my travel folks at work, bold type added by me:

If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).

Sorry, but this is why I am correcting you. There is no confusion at all in what the DOT regulations mean. My interpretation is correct. Unless the passenger accepts a lowball offer, the airline is required to pay 400% of the ticket price to an involuntarily bumped passenger who is delayed 2 hours. This 400% rule is capped at 1350 [4 x 337.50]. For tickets priced higher than 337.50 the airline is not required to offer 400% of the ticket price, only REQUIRED to pay the 1350. In other words 1350 is the minimum they must pay, again absent the passenger accepting a lower lowball offer.

See the language you have correctly included which is from the DOT website in your post which I enlarged. "the airline must pay you". It is the critical phrase and sets the lowest amount you should expect to receive. For a >2 hour delay the airline MUST compensate you 400% of your ticket price. If that were the stand alone rule and your ticket cost $500, you would be entitled to a minimum of $2000. Clear so far? To limit the airline's penalty required the DOT capped that required penalty instead at 1350.

That means that the airline is not required to offer more than 1350. It does not mean the airline is not allowed to offer more than 1350. If United wishes to say, well the government will not force us to offer more so we never will, that is a corporate choice. The government sets the minimum the consumer is entitled to receive.


Now I see you have cited a friend who works in the business as your source. I will cite the DOT regulation which is very clear.

Oversales
• Increases the minimum denied boarding compensation limits to $650/$1,300 or 200%/400% of the one-way fare, whichever is smaller.

• Implements an automatic inflation adjuster for minimum DBC limits every 2 years.

• Clarifies that DBC must be offered to “zero fare ticket” holders (e.g., holders of frequent flyer award tickets) who are involuntarily bumped.

• Requires that a carrier verbally offer cash/check DBC if the carrier verbally offers a travel voucher as DBC to passengers who are involuntarily bumped.

• Requires that a carrier inform passengers solicited to volunteer for denied boarding about all material restrictions on the use of transportation vouchers offered in lieu of cash.

***********
Lastly, Delta has recently announced they are authorizing their personnel to offer higher compensation to induce passengers to be bumped,

Quote:

A customer-service agent will be able to offer $2,000 per change from the previous $800. A higher-ranking worker such as an operations service manager could offer up to $9,950, from the previous cap of $1,350.
If the DOT regulated the maximum that could be offered, this change would be a violation.

and United has changed its policy on when dead head crew members must be at the gate to be accommodated

Quote:

The airline, owned by United Continental Holdings Inc. said it would make sure crews traveling on their aircraft are booked into seats at least 60 minutes before departure.

biker1 04-15-2017 09:14 AM

As I already started, and as is written in the Contract of Carriage, there is a maximum compensation. You will be compensated, for a 2 hour delay, 4x the one-way fare up to a maximum of $1350. If your one-way fare is $100, they will compensate you $400. If your one-way fare is $500, you will be compensated $1350 and not $2000 because the compensation maximum is $1350. The involuntarily bumped passenger cannot accept a lowball offer, as you stated, because the compensation is mandated by the DOT. For some reason, you choose to inject the word "minimum" into the conversation when the language "the compensation is 4x the one-way fare and is capped at a maximum of $1350" is crystal clear. While you could make the argument that "the minimum you will receive is the maximum the airline will pay if your one-way fare is over certain value", but that is warped way of stating things. Again, you previously stated that there was no maximum and that is clearly wrong. Also, don't confuse involuntary with voluntary bumping. There are no DOT limits to compensation for voluntary bumping. Hopefully I have explained the situation to you.

For the technically astute:

compensation = 4 * one_way_ticket_price
if ( compensation > 1350) compensation = 1350

Quote:

Originally Posted by blueash (Post 1386657)
Sorry, but this is why I am correcting you. There is no confusion at all in what the DOT regulations mean. My interpretation is correct. Unless the passenger accepts a lowball offer, the airline is required to pay 400% of the ticket price to an involuntarily bumped passenger who is delayed 2 hours. This 400% rule is capped at 1350 [4 x 337.50]. For tickets priced higher than 337.50 the airline is not required to offer 400% of the ticket price, only REQUIRED to pay the 1350. In other words 1350 is the minimum they must pay, again absent the passenger accepting a lower lowball offer.

See the language you have correctly included which is from the DOT website in your post which I enlarged. "the airline must pay you". It is the critical phrase and sets the lowest amount you should expect to receive. For a >2 hour delay the airline MUST compensate you 400% of your ticket price. If that were the stand alone rule and your ticket cost $500, you would be entitled to a minimum of $2000. Clear so far? To limit the airline's penalty required the DOT capped that required penalty instead at 1350.

That means that the airline is not required to offer more than 1350. It does not mean the airline is not allowed to offer more than 1350. If United wishes to say, well the government will not force us to offer more so we never will, that is a corporate choice. The government sets the minimum the consumer is entitled to receive.


Now I see you have cited a friend who works in the business as your source. I will cite the DOT regulation which is very clear.

Oversales
• Increases the minimum denied boarding compensation limits to $650/$1,300 or 200%/400% of the one-way fare, whichever is smaller.

• Implements an automatic inflation adjuster for minimum DBC limits every 2 years.

• Clarifies that DBC must be offered to “zero fare ticket” holders (e.g., holders of frequent flyer award tickets) who are involuntarily bumped.

• Requires that a carrier verbally offer cash/check DBC if the carrier verbally offers a travel voucher as DBC to passengers who are involuntarily bumped.

• Requires that a carrier inform passengers solicited to volunteer for denied boarding about all material restrictions on the use of transportation vouchers offered in lieu of cash.

***********
Lastly, Delta has recently announced they are authorizing their personnel to offer higher compensation to induce passengers to be bumped,

If the DOT regulated the maximum that could be offered, this change would be a violation.

and United has changed its policy on when dead head crew members must be at the gate to be accommodated


John_W 04-15-2017 09:16 AM

Delta Airlines trumps them all. This morning on Today and HLN they said they will now offer up to $10,000 to bumped passengers.

biker1 04-15-2017 09:47 AM

More specifically, it looks like they will offer up to $10,000 to be voluntarily bumped (you volunteer to give up your seat). If you are involuntarily bumped, the maximum you will be compensated is $1350. Good marketing move since it gets headlines and the chances they will ever have to offer that high of a number is very slim indeed.

Quote:

Originally Posted by John_W (Post 1386669)
Delta Airlines trumps them all. This morning on Today and HLN they said they will now offer up to $10,000 to bumped passengers.


dillywho 04-15-2017 11:01 AM

Questions
 
This guy was so concerned that he HAD to get back to see patients the next day. My questions are: What about those patients now? Would it not have been much simpler for him to just reschedule instead? Now, they have probably had to seek treatment elsewhere. With his apparent background, they might just be better off. (Just speculating, understand.)

Except for his big lawsuit, what did he accomplish? Whatever he comes out of the lawsuit with, is he going to share with those patients he just had to get back for? My GUESS would be NOT.

blueash 04-15-2017 12:59 PM

Quote:

Originally Posted by biker1 (Post 1386666)
As I already started, and as is written in the Contract of Carriage, there is a maximum compensation.

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.
Quote:

As Biker1 has already posted, by federal law they could of offered up to $1350.
. 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

Quote:

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.
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

biker1 04-15-2017 01:36 PM

I think we essentially agree. I will summarize:

1) For involuntarily bumped passengers, they will receive up to $1350 as compensation. DOT does not require the airlines to pay anything above that. I suppose an airline could offer to pay more but I don't ever see that happening.

2) For passengers volunteering to give up there seat, there are no DOT mandates. The airlines can offer any amount. I have never made any statements about maximums for passengers to give up their seat voluntarily. I was misquoted in this regard in posting #129.

These are the only two positions I have taken.

Quote:

Originally Posted by blueash (Post 1386733)
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.
. 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



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


EPutnam1863 04-15-2017 03:49 PM

Quote:

Originally Posted by GatorFan (Post 1386570)
These were not stand by employers. They were a working crew that needed to be flown to destination to work a flight.

Gee, I may be upset if my flight in Louisville were canceled because no one in Chicago would give up seats for these 4 employees.

golfing eagles 04-15-2017 05:31 PM

Quote:

Originally Posted by dillywho (Post 1386699)
This guy was so concerned that he HAD to get back to see patients the next day. My questions are: What about those patients now? Would it not have been much simpler for him to just reschedule instead? Now, they have probably had to seek treatment elsewhere. With his apparent background, they might just be better off. (Just speculating, understand.)

Except for his big lawsuit, what did he accomplish? Whatever he comes out of the lawsuit with, is he going to share with those patients he just had to get back for? My GUESS would be NOT.

But you forget the best part---if you look up this "doctor", his office address is a PO Box!!!!!

ColdNoMore 04-15-2017 05:59 PM

Wow, some of these responses are analogous to blaming the rape victim...because her dress was too short. :ohdear:

golfing eagles 04-15-2017 06:18 PM

Quote:

Originally Posted by ColdNoMore (Post 1386865)
Wow, some of these responses are analogous to blaming the rape victim...because her dress was too short. :ohdear:

No, there's no excuse for what UAL and the Chicago PD did. However, unlike a rape victim, I think this guy's behavior was contributory to the problem.

GatorFan 04-15-2017 06:28 PM

Quote:

Originally Posted by EPutnam1863 (Post 1386822)
Gee, I may be upset if my flight in Louisville were canceled because no one in Chicago would give up seats for these 4 employees.

Don't forget the passengers waiting on the flight from Louisville and so on.

GatorFan 04-15-2017 06:36 PM

United Airlines did nothing wrong. The flight was not oversold. Due to circumstances none of us know the Louisville flight needed a crew to keep the planes moving. When they were unable to get 4 people to give up their seat for the crew they followed procedure that Every airlines uses. Three of the bumped passengers left plane and one refused. They called security. He then disobeyed a law enforcement officer. i would love to see the video from the beginning.

BobandMary 04-15-2017 08:27 PM

United has the right to remove passengers....But it really looked like over kill to me.

GatorFan 04-15-2017 09:07 PM

By law enforcement not United?

John_W 04-15-2017 10:27 PM

Quote:

Originally Posted by GatorFan (Post 1386879)
United Airlines did nothing wrong. The flight was not oversold...

Why do posters keep saying the flight was oversold? Before posting it would be good to actually scan the previous posts. The 4 employees were not paying customers, they were standby passengers. The passengers who were removed, or bumped, were actual paid passengers of that flight. Had they actually been oversold there wouldn't of been seats for everyone onboard. They needed to remove paid passengers so the standby passengers could come aboard to work in another city the following day. They could of just as easily been placed on a later flight that had empty seats if only the terminal agents went beyond their basic job requirements. Instead they called the police to enforce a business decision. One of the biggest mistakes they, and United has ever made.

Muzik 04-16-2017 07:09 AM

The extra passengers were United employees who were needed at another location.

graciegirl 04-16-2017 08:30 AM

The final chapter will show that this "doctor" will make money. Lots of it.

I think he has a story of his own that has nothing to do with getting back to Louisville and his patients.

I go with what Midwesterner's say about folks sometimes.

That doctor?

He ain't right.

John_W 04-16-2017 09:21 AM

Quote:

Originally Posted by Muzik (Post 1386998)
The extra passengers were United employees who were needed at another location.

Since they were employees why didn't one of them sit in the jump seat? You know the spare seat in the cockpit that is used by examiners and by airline employees at other times. The Embraer 170 had one, here it is. It would of saved one paying passenger from being bumped. Again, another case of the boarding agents not going above and beyond in their job.

https://encrypted-tbn2.gstatic.com/i...pIGfTn8KhYxQoQ

When I was a controller I rode in the cockpit jump seat on about a dozen flights, and I wasn't even an employee, I was employed by the FAA. I wasn't an examiner, I was a controller.

GatorFan 04-16-2017 03:30 PM

Flught attendants can not sit in cockpit jumpseat. Againt FAA regulations. What kind of plane? Many of the new planes do not have jumpseats. What about weight restrictions?

xNYer 04-16-2017 04:19 PM

Ain't right
 
Quote:

Originally Posted by graciegirl (Post 1387045)
The final chapter will show that this "doctor" will make money. Lots of it.

I think he has a story of his own that has nothing to do with getting back to Louisville and his patients.

I go with what Midwesterner's say about folks sometimes.

That doctor?

He ain't right.

So this nefarious dr. boarded the flight with the intention of getting pulled off by security staff. His intent was to sue the airline?

His secret story accounts for the incident with the airline having no responsibility for what took place?

The airline had no other options for getting volunteers?

What do those Midwesterner's say about folks?

John_W 04-16-2017 04:50 PM

Quote:

Originally Posted by GatorFan (Post 1387222)
Flught attendants can not sit in cockpit jumpseat. Againt FAA regulations. What kind of plane? Many of the new planes do not have jumpseats. What about weight restrictions?

I wrote in my post the type of plane, a Embraer 170. It has 80 seats and one jump seat, the photo in my post is an actual jump seat from a Embraer 170. Of course a flight attendant working the flight would not sit in the jump seat, it would be one of the standby employees that would sit in the jump seat.

When I worked at Pensacola approach I flew many times in the jump seat and I would get bumped by pilots who lived in Pensacola, many pilots lived in the area but weren't based there. They paid the sales tax on the ticket and that was all. I sometimes had to sit for 2 or 3 flights to Atlanta before I could catch a seat. Once I got to Atlanta, I usually didn't have a problem going anywhere. Same with this situation, an airport as big as Chicago, there would be many more flights out of Chicago.

That's why I wrote that the terminal agents didn't go beyond their basic job, actually calling in police was putting the work on some other agency. All they had to do was split up the 4 workers. Two on this flight and two on a second flight. One rides the jump seat and one rides in the back. That way only one passenger would have to give up a seat on either flight. I'm sure if they offered a better amount an a $800 voucher they would get takers. Worse case scenario, they took 3 flights for the crew to get to Kentucky. They weren't scheduled to work until the next day.


All times are GMT -5. The time now is 10:50 PM.

Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
Search Engine Optimisation provided by DragonByte SEO v2.0.32 (Pro) - vBulletin Mods & Addons Copyright © 2025 DragonByte Technologies Ltd.