Sorry, but show me where trains are governed by the FAA and the F.A.R. (Federal Aviation Regulations)
Here is Part 21 - Refusal to Transport
Once passenger has boarded and been seated, there are basically 19 reasons a passenger can be ejected from a plane. And needing his seat for another employee is not on the list.
RULE 21 REFUSAL OF TRANSPORT
UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:
Breach of Contract of Carriage – Failure by Passenger to comply with the Rules of the Contract of Carriage.
Government Request, Regulations or Security Directives – Whenever such action is necessary to comply with any government regulation, Customs and Border Protection, government or airport security directive of any sort, or any governmental request for emergency transportation in connection with the national defense.
Force Majeure and Other Unforeseeable Conditions – Whenever such action is necessary or advisable by reason of weather or other conditions beyond UA’s control including, but not limited to, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported.
Search of Passenger or Property – Whenever a Passenger refuses to submit to electronic surveillance or to permit search of his/her person or property.
Proof of Identity – Whenever a Passenger refuses on request to produce identification satisfactory to UA or who presents a Ticket to board and whose identification does not match the name on the Ticket. UA shall have the right, but shall not be obligated, to require identification of persons purchasing tickets and/or presenting a ticket(s) for the purpose of boarding the aircraft.
Failure to Pay – Whenever a Passenger has not paid the appropriate fare for a Ticket, Baggage, or applicable service charges for services required for travel, has not paid an outstanding debt or Court judgment, or has not produced satisfactory proof to UA that the Passenger is an authorized non-revenue Passenger or has engaged in a prohibited practice as specified in Rule 6.
Across International Boundaries – Whenever a Passenger is traveling across any international boundary if:
The government required travel documents of such Passenger appear not to be in order according to UA’s reasonable belief; or
Such Passenger’s embarkation from, transit through, or entry into any country from, through, or to which such Passenger desires transportation would be unlawful or denied for any reason.
Safety – Whenever refusal or removal of a Passenger may be necessary for the safety of such Passenger or other Passengers or members of the crew including, but not limited to:
Passengers whose conduct is disorderly, offensive, abusive, or violent;
Passengers who fail to comply with or interfere with the duties of the members of the flight crew, federal regulations, or security directives;
Passengers who assault any employee of UA, including the gate agents and flight crew, or any UA Passenger;
Passengers who, through and as a result of their conduct, cause a disturbance such that the captain or member of the cockpit crew must leave the cockpit in order to attend to the disturbance;
Passengers who are barefoot or not properly clothed;
Passengers who appear to be intoxicated or under the influence of drugs to a degree that the Passenger may endanger the Passenger or another Passenger or members of the crew (other than a qualified individual whose appearance or involuntary behavior may make them appear to be intoxicated or under the influence of drugs);
Passengers wearing or possessing on or about their person concealed or unconcealed deadly or dangerous weapons; provided, however, that UA will carry law enforcement personnel who meet the qualifications and conditions established in 49 C.F.R. §1544.219;
Passengers who are unwilling or unable to follow UA’s policy on smoking or use of other smokeless materials;
Unless they comply with Rule 6 I), Passengers who are unable to sit in a single seat with the seat belt properly secured, and/or are unable to put the seat’s armrests down when seated and remain seated with the armrest down for the entirety of the flight, and/or passengers who significantly encroach upon the adjoining passenger’s seat;
Passengers who are manacled or in the custody of law enforcement personnel;
Passengers who have resisted or may reasonably be believed to be capable of resisting custodial supervision;
Pregnant Passengers in their ninth month, unless such Passenger provides a doctor’s certificate dated no more than 72 hours prior to departure stating that the doctor has examined and found the Passenger to be physically fit for air travel to and from the destination requested on the date of the flight, and that the estimated date of delivery is after the date of the last flight;
Passengers who are incapable of completing a flight safely, without requiring extraordinary medical assistance during the flight, as well as Passengers who appear to have symptoms of or have a communicable disease or condition that could pose a direct threat to the health or safety of others on the flight, or who refuse a screening for such disease or condition. (NOTE: UA requires a medical certificate for
Passengers who wish to travel under such circumstances. Visit UA’s website, united.com, for more information regarding UA’s requirements for medical certificates);
Passengers who fail to travel with the required safety assistant(s), advance notice and/or other safety requirements pursuant to Rules 14 and 15;
Passengers who do not qualify as acceptable Non-Ambulatory Passengers (see Rule 14);
Passengers who have or cause a malodorous condition (other than individuals qualifying as disabled);
Passengers whose physical or mental condition is such that, in United’s sole opinion, they are rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an escort. The escort must accompany the escorted passenger at all times; and
Unaccompanied passengers who are both blind and deaf, unless such passenger is able to communicate with representatives of UA by either physical, mechanical, electronic, or other means. Such passenger must inform UA of the method of communication to be used; and
Passengers who are unwilling to follow UA’s policy that prohibits voice calls after the aircraft doors have closed, while taxiing in preparation for takeoff, or while airborne.
Any Passenger who, by reason of engaging in the above activities in this Rule 21, causes UA any loss, damage or expense of any kind, consents and acknowledges that he or she shall reimburse UA for any such loss, damage or expense. UA has the right to refuse transport, on a permanent basis, to any passenger who, by reason of engaging in the above activities in this Rule 21, causes UA any loss, damage or expense of any kind, or who has been disorderly, offensive, abusive, or violent. In addition, the activities enumerated in H) 1) through 8) shall constitute a material breach of contract, for which UA shall be excused from performing its obligations under this contract.
UA is not liable for its refusal to transport any passenger or for its removal of any passenger in accordance with this Rule. A Passenger who is removed or refused transportation in accordance with this Rule may be eligible for a refund upon request. See Rule 27 A). As an express precondition to issuance of any refund, UA shall not be responsible for damages of any kind whatsoever. The passenger’s sole and exclusive remedy shall be Rule 27 A).
Is there any merit to the idea of an unenforceable contract in this case?
From Findlaw.com, Unenforceable Contract? 5 Common Errors
Under certain circumstances, a seemingly valid contract may be struck down as unenforceable. It can potentially happen even if both parties seemingly agree to all of the contract's terms.
Courts may refuse to enforce a contract for a number of reasons. So how does the law determine which promises are enforceable contracts and which are not?
Here are five common errors that can make contracts unenforceable:
- Lack of capacity. A person must have the legal ability to form a contract in the first place. A person who is unable, due to intoxication or mental impairment, to understand what she is doing when she signs a contract may lack capacity to enter into a contract. In that case, the contract may be unenforceable.
- Duress, undue influence, misrepresentation and fraud. Getting consent for a contract through sketchy ways -- such as coercion, threats, false statements (as well as misleading silence) and improper persuasion -- can render a contract unenforceable. The court may strike the contract down as unenforceable or the victim of the unfairness can void it.
- Unconscionability. If the process of making a contract or terms in the contract are shockingly unfair to one party, then a court may deem a contract unenforceable. The court will look at whether a party had unequal bargaining power or difficulty understanding the terms (due to literacy or language barriers, for example), and whether the terms were inherently unfair.
- Mistake. A contract can be found unenforceable because of the mistake of one party (called a "unilateral mistake") or both parties (called a "mutual mistake"). To be made unenforceable, the mistake must have been important and must have significantly affected the contract bargaining or performing process. Remember, failure to read the contract doesn't make a contract unenforceable or voidable.
- Public policy. Some contracts are unenforceable because allowing such contracts could go against the goals of public policy -- namely, public health and safety. This includes contracts for illegal drug sales and sexual services, as well as contracts that bargain away employees' legally protected rights (like the right to unionize or to receive medical leave, for example).
Number 2, Duress, is a hard sell to make since nobody is putting a gun to an air traveler's head. However, in today's era of cheap air travel, people have a need to fly to different parts of the country and may feel that they have no choice but to accept the airline's terms in order to get to where they need to be for their own business reasons.
Number 3, Unconscionability, is striking a raw nerve right now. Most people believe that the contract of carriage is 100% in the favor of the airline, and that the traveler has no say in anything if they wish to travel large distances. Travelers have no bargaining power against an airline that offers only company scrip as compensation or else they will call law enforcement to physically remove the customer.
Furthermore, consider the additional obligations that the traveler has made based on the contract with the airline. The traveler may have hotel reservations that will be missed, cruise ship reservations that might be missed, family engagements, entertainment tickets, etc., that might be voided because the airline did not honor their contract to transport the customer.
One viable future model that could arise from this is simply for each airline to reserve the last row of every flight for company use. If the company does not need that row on a particular flight, then the gate agent can release the row for standby travel.
Travelers need have confidence that there will be a seat at the other end of their ticket, or else we will have chaos in air travel.
-PJ