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That United flight wasn’t even “overbooked” — and that matters legally
Hotair ^ | 04/14/2017 | Cynthia Than

Posted on 04/14/2017 10:48:36 AM PDT by SeekAndFind

The fact that the flight was not overbooked may seem trivial, or pedantic, but there is very important legal distinction to be made. There may not be a difference in how an airline (typically) responds when it needs additional seats, such as asking for volunteers who wish to give up their seat for a voucher or cash. But there is a legal difference between bumping a passenger in the instance of overselling a flight versus bumping a passenger to give priority to another passenger. Any thoughtful person can see the problem that arises if an airline were allowed to legally remove one fare-paying passenger to allow for another passenger it prefers.

Since the flight was not actually overbooked, but instead only fully booked, with the exact number of passengers as seats available, United Airlines had no legal right to force any passengers to give up their seats to prioritize others. What United did was give preference to their employees over people who had reserved confirmed seats, in violation of 14 CFR 250.2a. Since Dr. Dao was already seated, it was clear that his seat had already been “reserved” and “confirmed” to accommodate him specifically.

A United Airlines spokesperson said that since Dr. Dao refused to give up his seat and leave the plane voluntarily, airline employees “had to” call upon airport security to force him to comply. However, since the flight was not overbooked, United Airlines had no legal right to give his seat to another passenger. In United Airline’s Contract of Service, they list the reasons that a passenger may be refused service, many of which are reasonable, such as “failure to pay” or lacking “proof of identity.” Nowhere in the terms of service does United Airlines claim to have unilateral authority to refuse service to anyone, for any reason (which would be illegal anyway).



TOPICS: Culture/Society; News/Current Events
KEYWORDS: aviation; overbook; ual; unitedairlines
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To: Mr. K
caps lock photo: caps lock privileges capslockrevoked.jpg

Your caps lock key is apparently still on from earlier. Look again on the middle left side of your keyboard and you can click it again to turn it off.

If it won't turn off, you can go to Walmart and buy a new keyboard or go to Best Buy and have Geek Squad replace the broken keyboard on your laptop

41 posted on 04/14/2017 11:14:45 AM PDT by Snickering Hound
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To: LouieFisk

Not enough seating, prepare for a beating.


42 posted on 04/14/2017 11:15:38 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: deport

Next when did did UA become aware of the need to move that crew?
Was it before they boarded all the people, after they boarded all the people, etc?


I wonder how much behind-the-scenes union thuggery was involved here. The pilot making sure a few of his friends don’t have to wait for the next flight and threats to the company to knuckle under and obey. Don’t get me wrong, I am not defending the company. I’m just wondering how much the unions are involved in this.


43 posted on 04/14/2017 11:16:14 AM PDT by samtheman (Trump++)
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To: E. Pluribus Unum
Just another homosexual Clock Boy.

I know, I know, the voices tell you to type something and you have to do it no matter how stupid.

44 posted on 04/14/2017 11:17:36 AM PDT by Snickering Hound
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To: E. Pluribus Unum

A screaming senior citizen at 69 years old.


45 posted on 04/14/2017 11:17:43 AM PDT by DownInFlames
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To: CIB-173RDABN

Apparently at one of the busiest airports in the world which doubles as United’s home base, there was no other plane traveling to Louisville that day (or, at a push, Indianapolis, Cincinnati, or Lexington).

Let’s assume the original flight took off as booked and scheduled. How long would a deadhead crew need to wait? An hour? Three? Is it United’s position that their allocation of flight crews to flights, routes and/or airports was being conducted on such a razor thin margin of error?


46 posted on 04/14/2017 11:19:04 AM PDT by relictele (`)
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To: Fantasywriter

“Not enough seating, prepare for a beating.”
==
“Don’t seat! Just beat!!”


47 posted on 04/14/2017 11:19:32 AM PDT by LouieFisk
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To: Mr. K

Legal or not, it was a scummy thing to do.

Airline employees are supremely arrogant.


48 posted on 04/14/2017 11:20:04 AM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: CIB-173RDABN

They could have rented a car and driven there in 4 hours................


49 posted on 04/14/2017 11:20:07 AM PDT by Red Badger (Ending a sentence with a preposition is nothing to be afraid of........)
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To: PAR35

RE: Why are you yelling and complaining. Your United stock took a quick beating, but has pretty much rebounded.

If I were an opportunist, and I had a need to travel, I would fly United right now. The likelihood of them treating you rudely at this point in time is VERY LOW.


50 posted on 04/14/2017 11:20:12 AM PDT by SeekAndFind
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To: samtheman

“My name is Inigo Montoya, you killed my schedule, prepare to die.” :)


51 posted on 04/14/2017 11:22:15 AM PDT by SeekAndFind
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To: exnavy

Change “United Airlines” to “Dr Dao Airlines” sounds like what is about to happen.


I don’t think it will go that far, but the doc is going to get a good chunk of change.

Judge Napolitano said the lawyer’s press conference was a dress rehearsal for opening arguments to the jury, and that those arguments are “devestating”.


52 posted on 04/14/2017 11:22:43 AM PDT by samtheman (Trump++)
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To: House Atreides
That would be the one yes. The one that they violated.

Do you think it was not written by lawyers?

Perhaps they had Cindy the receptionist write it?

53 posted on 04/14/2017 11:23:54 AM PDT by Harmless Teddy Bear (Not a Romantic, not a hero worshiper and stop trying to tug my heartstrings. It tickles! (pink bow))
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To: LouieFisk

United: we beat the passengers, not the competition.


54 posted on 04/14/2017 11:24:14 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: Mr. K

Yeah, as I am reading it United had the right to kick someone off of an “oversold flight”. That’s what’s in the law is that exact phrase.

They do not have the right to bump someone for an employee who has not paid to be on the flight.

If getting their employees to another airport was all so critical then they could have put those employees on another airline’s available flight.

Or they could have chartered a private jet for them which would have been cheaper than what they’re dealing with now.


55 posted on 04/14/2017 11:24:39 AM PDT by MeganC (Democrat by birth, Republican by default, conservative by principle.)
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To: Moonman62

The Dr. Dao on the flight is not the same Dr. Dao who’s the pervert. I imagine that’s going to be a different lawsuit.


56 posted on 04/14/2017 11:25:33 AM PDT by MeganC (Democrat by birth, Republican by default, conservative by principle.)
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To: Mr. K

Not according their contract they don’t.


57 posted on 04/14/2017 11:25:50 AM PDT by rwilson99 (How exactly would John 3:16 not apply to Mary?)
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To: SeekAndFind

I wonder if those that support beating someone would say it was ok if it was them having their teeth knocked out and their nose broken.... because it is written!


58 posted on 04/14/2017 11:27:05 AM PDT by minnesota_bound
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To: Pollster1
When they asked him to leave, he was supposed to leave.

I am amazed at how many freepers have defended this scumbag. He was refusing to obey lawful directions from law enforcement officers, what were they supposed to do, just leave him there because he didn't want to go? Everyone seems to ignore the fact they had him off the plane and he snuck back in. He got what he deserved but I expect the lawyers will make sure he gets what he doesn't deserve.

59 posted on 04/14/2017 11:27:21 AM PDT by itsahoot (As long as there is money to be divided, there will be division.)
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To: Fantasywriter

Beating isn’t enough, bring out the scorpions!
“United Airlines passenger ‘stung by scorpion’ on flight”
http://www.bbc.com/news/world-us-canada-39599999


60 posted on 04/14/2017 11:27:54 AM PDT by LouieFisk
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