The nation is reeling yet again due to a transportation debacle from a U.S. based Airline, the same U.S. Airline that created an uproar just a few weeks prior (#leggingsgate). In case you missed it, cell phone footage is circulating around the web of a passenger forcibly removed from United Flight 3411 service from Chicago to Louisville on April 9th 2017.
While I am in agreeance with the carrier on the removal of the girls in leggings (they were flying Non-Rev and there is a strict dress code for those flying as a guest of the carrier) I am not in agreeance with how the situation with volunteering to give up a seat panned out.
The Airline states it is within their right to remove passengers from their flights. This situation may lead you to ask “What are my rights as a passenger?”
I have printed out all 46 pages of the United Contract of Carriage.
Q.What is a Contract of Carriage in regards to Airlines
A Contract of Carriage is a contract between the carrier of passengers (Airline) and the passenger.
Q. What does a Contract of Carriage contain?
You will find the rights, duties, and liabilities of the airline, terms, and conditions, acts of God, Force Majeure (extraordinary event)
The United Contract of Carriage has 30 Rules. I will not break down all 30 as they are multi-faceted, I am going to highlight the main components of the following sections.
- Rule 3: Application of Contract
- Rule 4: Reservations: Confirmation/Fare Quotes/Disclosures
- Rule 5: Cancellation of Reservations
- Rule 6: Tickets
- Rule 21: Refusal of Transport
- Rule 25: Denied Boarding Compensations
- Rule 29: Customer Service Complaints
- Rule 30: Consent to use of Personal Data
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Rule 3: The Application of Contract:
This informs us (the consumer) that the rules within the document are an agreement between those of us that are passengers and the airline. In this section, we are also informed that United will not charge you the difference in price if the fare rises post purchase. United is only responsible for baggage and transportation by United Airlines (including Codeshare serviced). No Employee can modify or waive fare rules unless authorized by a corporate officer of UA. UA will not be liable for any damages arising out or in connection with it’s performance and obligations to the rules. UA is only obligated to the ticketed passengers. UA rules are able to change without notice, but cannot be applied to those who purchased tickets prior to the change.
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Rule 4: Reservations: Confirmation/Fare Quotes/ Disclosures:
Reservations are valid when the availability and allocation of space are confirmed by UA and entered into the reservations system. A validated ticket will be issued by UA at the time of payment. Once a passenger has a ticket indicating a confirmed reserved space for a specific flight and date, the reservation is confirmed (even if there is no record thereof in UA reservation system). Seat assignments, regardless of class of service, are not guaranteed and are subject to change without notice. UA reserves the right to reseat a passenger. If a passenger is removed from a higher paid seat to a lower paid seat they are eligible for a refund in accordance with Rule 27 (below) of the difference. Passengers cannot move seats without informing flight crew. Certain fare levels will not be available on all flights.
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Rule 5: Cancellation of Reservations:
UA has the right to cancel reservations (whether or not confirmed) of any passenger in order to comply with government regulation, due to the passenger not complying with the rules (ex: not paying fare), passengers failure to occupy the space reserved (EX. If you purchase multi-legs to save money to get to a destination in the middle of the legs. If you do not arrive for the next leg, they can cancel all remaining legs, including return) Failure of passenger to check-in at the applicable time before a flight ( 45 min prior to departure in Domestic, 60 minutes for Baltimore and Puerto Rico, 75 minutes to 90 minutes for International) ALL passengers must be at the gate 15 minutes prior to Domestic departure, 30 minutes for International departure. ALL of UAs flights are subject to OVERBOOKING which could result in UAs inability to provide previously confirmed reserved space for a given flight or for the class of service reserved. In the event, UA is obligated to passenger in Rule 25.
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Rule 6: Tickets:
Details in regards to tickets. Tickets are only given once fare paid, no person will be entitled to transportation unless ticket presented, any modified/mutilated/altered tickets will not be deemed valid. Flight coupons are honored only if they are used in the way they were set up. Tickets are not transferable unless otherwise stated. Tickets are only valid for the reservation and between the points indicated on the ticket. Passengers occupying two seats must pay for both seats and will be issued for both seats. The purchase of round-trip travel to be used as one way travel is prohibited by UA. Tickets cannot be purchased from a point before a passenger’s origin or for points after the actual destination. UA will cancel any remaining portion of the itinerary, refuse to board the passenger, delete mileage, take legal action if the above 2 points are violated. UA will charge $50 for the issuance of the paper ticket. UA will charge a fee of $35 for tickets purchased at the airport, $25 for tickets purchased through the call center, $30 for city ticket office.
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Rule 21: Refusal of Transport:
The following are situations in which passengers are denied transport. Passengers that do not comply with Rules of Contract of Carriage. Government Request. Force Majeure: Act of God, Weather, Civil Disturbance, Terrorism etc., Refusal of a passenger to comply with the search of property or provide identity. Failure to pay. If a passenger is deemed unsafe due to: disorderly, interfere with flight crew, barefoot or not properly clothed, intoxicated, concealed weapon, smoking violation, unable to sit in one seat or put armrests down while seated, passengers manacled or in custody of law enforcement, resistant to supervision, pregnant passengers in their 9th month, passengers with communicable illness passengers who are smelly, unaccompanied passengers that are mentally incapacitated, blind/deaf and unable to function without companion, passengers that are unwilling to cooperate with policy regarding voice calls after aircraft doors have been closed.
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Rule 25: Denied Boarding Compensation:
When there is an oversold flight in the U.S. or Canada the following takes place: Request for Volunteers in exchange for compensation in form of check or electronic travel certificate. The travel certificate is valid for UA or Code Share partners ONLY. No one may be denied boarding against their will until UA ask for volunteers to give up reservations willingly. If there are NOT enough volunteers, other passengers may be denied boarding involuntarily in accordance with UAs boarding priority. Priority is based on fare class, itinerary, the status of frequent flyer program membership, and the time in which passenger presents him/herself for check-in without an advanced seat assignment. Transportation fo passengers denied boarding will take place on the next flight in which space is available at no additional cost to the passenger, regardless of class of service. If space is available on another carrier’s flight regardless of class of service, such flights may only be used on UAs sole discretion and the passenger request at no additional cost if the flight provides an earlier arrival than the UA offered flight. Passengers denied boarding involuntarily from an oversold flight will be paid 200% of the fare to passengers first stopover, if none, the destination with a maximum of $675 USD if UA offers alternate transportation. If UA offers alternate transportation that, at the time arrangement is made, arrives two hours after planned arrival time of passenger’s original flight UA shall pay compensation to the passenger at a rate of 400% of the fare up to $1350 USD. The exception to the above if the passenger is an employee of UA or another carrier or if the passenger doesn’t present themselves at the boarding gate 15 minutes prior to domestic departure or 30 minutes for international.
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Rule 29: Customer Service Complaints:
Customer service complaints or compliments can be made online at www.united.com/feedback or via mail.
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Rule 30: Consent to Use Personal Data:
Passengers authorize UA to use any of their personal data with third party companies.
The above Rules give you some things to think about. While United does have written documentation outlining their ability to deny boarding and involuntarily deny your boarding. I think we are all in agreeance that the way in which this was handled was far from exemplary. We need more information on why this one passenger was picked. Was he the last to check in for the flight?
Other carriers such as Delta also overbook their flights. The Airlines have moved to this practice to protect themselves due to confirmed passengers failure to show up. However, the difference is that their decision process follows a different path. Volunteers are requested 1st, Premium Cabin, Diamond/Platinum/Gold Medallion designated patrons will be accommodated before the coach. Passengers are arranged in the order they check in, 24 hours prior ith online check-in, 4 hours prior to departure through Delta airport kiosk, or from Delta Aiport check-in desk.
The general rule of thumb? Check-in to your flight as soon as you can (online).
Also, for anyone wondering if overbooking is illegal? It isn’t. Here is a link to the legal code in regards to Oversales.
Always know your rights as a passenger. Flying can be a lengthy experience and issues may arise. Check out the Contract of Carriage for any Airline you fly with, know before you go. Airlines have different rules in regards to check-in, expectations for time at the gate etc. Here is to hoping you find your way to happier skies!