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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.
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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!!! |
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. |
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.
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For my two cents worth
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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. |
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.
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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 |
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.
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:BigApplause:...:BigApplause:...:BigApplause: |
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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. |
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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. |
This has already been addressed. See post #128 and #130. No need to repeat the information.
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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. |
These were not stand by employers. They were a working crew that needed to be flown to destination to work a flight.
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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:
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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:
and United has changed its policy on when dead head crew members must be at the gate to be accommodated Quote:
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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:
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Delta Airlines trumps them all. This morning on Today and HLN they said they will now offer up to $10,000 to bumped passengers.
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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.
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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. |
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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:
Again here is post 130 from you Quote:
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 |
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:
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Wow, some of these responses are analogous to blaming the rape victim...because her dress was too short. :ohdear:
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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.
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United has the right to remove passengers....But it really looked like over kill to me.
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By law enforcement not United?
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The extra passengers were United employees who were needed at another location.
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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. |
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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. |
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?
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Ain't right
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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? |
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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. |
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