Passenger Forcibly Removed From Overbooked UA Flight

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Re: Pax forcibly removed from United overbooked flight

United still has not explained why the schedule of the 4 crew were more important than the schedules of all of the passengers already seated.

They haven't indeed. The only thing I can think of was that it was raised by Leff: had these crew not gone on the flight, they may have been out of position and thus potentially (or really) a whole flight the next day would be cancelled. The compensation arising from that compared to paying off four people must have been enough to persist with transporting the four crew.

I know it is not a remote view on this forum that people agree that staff who need to get into position (cabin crew, pilots) should be given a matter of priority over passengers in order to prevent cascading delays. This kind of shuffle usually happens before a single passenger sets foot on the aircraft, however, so there is no opportunity for any passenger to be dragged out kicking, screaming and bloodied.

In this case, the correct course of action might have been for United to attempt an IDB on another passenger, rush the four crew to the same destination via another mode of transport (perhaps in contravention of union rules or policies), or otherwise eat the rolling delays that would result from the four crew being out of position (and write it off to bad luck, just as it befell the three or four pax in this case).

A passenger's standing in society should not matter.

Maybe it shouldn't. Dare I suggest it, but what if the person was a Muslim, or a Mexican?

I dare say there would not be as much outrage at the highest level if it was a Middle Eastern or Mexican person being dragged bloody off the plane. That is not right in my opinion.

anat0l... various regulations have been drafted to allow for specific circumstances such as an equipment swap. This won't be a simple single line of regulation to effect a ban/change/whatever... but neither are airline contracts. If ailines can sent us an email with as many caveats as there are lines of text, they can equally write a comprehensive set of rules around overbooking and other contractual issues.

And you think they will just pull this out of their proverbial in two minutes? Let alone to the acceptability of the competent authorities concerned?

If any of this gets legs, it will take a while and refinement. I don't know how long it took for the last DOT directives which (a) enforced the tarmac rule - which has some dubious legs, (b) encouraged airlines to take heed when mistake fares happen - and this later was reviewed, or (c) increased the total amount of compensation for being bumped off a flight.

I agree EU261 doesn't ban overbooking, but it sure gives the airlines one hell of an incentive.

Depends on whether you think that free rebooking plus up to EUR 600 is considered a hell of an incentive, and that is if the passenger actually follows through with process, because we all know the reputation of most EU carriers to actually cough up against EU261. (In some cases, it needs to go to court and bailiffs called before stuff happens).

The main advantage of EU261 is that it provides a solid basis for compensation claims, i.e. you are, by law, guaranteed these rights. How fast it will happen and whether you think in a given case the compensation is equitable is a different matter. The battered passenger in this case might have been working on the premise that no amount of money would be equitable for him to be denied his seat, much less the maximum amount by regulation.

I guess there are other potential scenarios where pax might be asked to leave... refusing to do a seat swap (where there is no safety issue). How about, in this current issue, if FA's had instructed pax to stop filming? and pax refused. Should that be grounds for removal from the aircraft because pax disobeyed instructions?

What do you think?

If a passenger who is in Y decides to sit in J when they are not justified to be there, what should happen if they refuse to move? That would not be a safety or security incident. At a stretch, one might claim that the passenger is stealing. That may be a felony but it is not related to safety nor security. It would be, in my opinion, a reasonable request for crew to ask the passenger to either move back to their seat or be offloaded (unless they were already in the air), but I can't work out how to link it back to safety or security, so according to many people here, the request is not reasonable, or at least there are no reasonable grounds for security to be called in such an incident. On the other hand, it might give people here an idea of how to get a free upgrade...

Too late...the damage has been done! Apparently millions have been wiped from UAs market value....I think the CEO would be feeling pretty uncomfortable atm, and must wonder whether his own position should be reviewed!

I'm sure his position is being reviewed as we speak.

What does one do in a position like this? You screwed up and the damage is done. People will remind you of that. If the "damage is done", does that mean it was fruitless to attempt apologising again?

I suppose most want him to resign. Some may want him beaten up, just like this passenger. He may deserve either. Wasn't he the CEO that had a heart attack quite early in his reign?

Everything in that article is perfectly factual. United handled the situation badly. The passenger handled the situation very badly (especially by running past security and back onto the aircraft after he'd been removed!) And the Chicago airport police handled it very badly as well.

No-one comes out of this blameless.

If you dare blame the passenger, you'll be hung out to dry. At least, that's what's going on right now.

I don't see the police getting any kind of "damage" out of this. If the TSA can get away with it, police are likely to as well. There'll be a bit of blame tennis between UA (who ordered the passenger removed) and the police (who will say they were just doing their job). The passenger's lawyer is going to either go after the biggest turkey or at least has the job of finding out who will assume primary responsibility for damages.
 
Re: Pax forcibly removed from United overbooked flight

What do you think?

If a passenger who is in Y decides to sit in J when they are not justified to be there, what should happen if they refuse to move? That would not be a safety or security incident. At a stretch, one might claim that the passenger is stealing. That may be a felony but it is not related to safety nor security. It would be, in my opinion, a reasonable request for crew to ask the passenger to either move back to their seat or be offloaded (unless they were already in the air), but I can't work out how to link it back to safety or security, so according to many people here, the request is not reasonable, or at least there are no reasonable grounds for security to be called in such an incident.

A passenger sitting in the wrong cabin could amount to 'interfering with crew member duties'. Cabin crew are expected to be securing the cabin and doing safety briefings in the lead up to departure. US regulations also require pax to stay within their ticketed cabin? A passenger refusing to move to their ticketed seat and taking up crew time might therefore be interfering with those duties.

Safety... could easily be a weight and balance issue on a smaller aircraft (up to 60 or so seats) and even on a larger a321 they asked a couple of rows of pax to move from first class to the back for takeoff because of weight and balance.
 
Re: Pax forcibly removed from United overbooked flight

<snip>
For example, how would Richard Branson have handled this issue if it had occurred through some Virgin stuff-up?

Oh, I think a fair assumption would be that he would dress up in a female flight attendent's uniform, and some nice red lippy and make an apology to everyone, having offered the pax concerned a week on Nekker Island. :);)
 
Re: Pax forcibly removed from United overbooked flight

Seen a few videos over the last year or so, which seem to demonstrate that even the slightest hint of an unhappy customer is enough for some FAs in the USA to throw them off planes. I think it has got out of hand. Sure if a customer escalates, or is abusive do something about it, but not interpreting every slight remark as "I don't have to take this, I have the power here" you are in a service industry and a bit of sucking up of remarks goes with the territory. My staff had to in my business.

General retail (and service industry) in the UK was a bit like that when I lived there. Every business, including immigration had signs saying abuse of staff not tolerated, police will be called yadda yadda yadda.

Whilst in principle I cannot disagree that abuse of staff is not acceptable, my opinion was many businesses choose to hide behind these signs and policies rather than actually address the issues that may well be piss off their paying customers.
 
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Re: Pax forcibly removed from United overbooked flight

General retail (and service industry) in the UK was a bit like that when I lived there. Every business, including immigration had signs saying abuse of staff not tolerated, police will be called yadda yadda yadda.

Whilst in principle I cannot disagree that abuse of staff is not acceptable, my opinion was many businesses choose to hide behind these signs and policies rather than actually address the issues that may well be piss off their paying customers.
Abuse can come down to personal perception - a sensitive, insecure personality will find a remark abusive, that another person will not. However it seems to be getting to the point where any complaint or objection, is termed "abuse".

if you are in a service industry, you need to have procedures for handling complaints, before the customer gets totally frustrated. However staff shouldn't have to put up with drunken behaviour, or someone who is totally unreasonable and entitled. Actually quite a difficult thing to define!

the funniest slogan I have seen so far on this episode, is

"Not enough seating, prepare for a beating"
 
Re: Pax forcibly removed from United overbooked flight

Offloading should be the last 4 to check-in ...
That's not right. Maybe the last 4 to purchase a seat on that flight but that doesn't sound right either.

No one should be forcibly offloaded under those circumstances. I feel sick looking at the videos. The police could have caused the person greater damage.

United should have offered more. If still no volunteers then find another way to get crew there in morning or shuffle crew around in Louisville in morning.
 
Re: Pax forcibly removed from United overbooked flight

That's not right. Maybe the last 4 to purchase a seat on that flight but that doesn't sound right either.

No one should be forcibly offloaded under those circumstances. I feel sick looking at the videos. The police could have caused the person greater damage.

United should have offered more. If still no volunteers then find another way to get crew there in morning or shuffle crew around in Louisville in morning.

I believe it has been mentioned upthread that there is a legislated maximum that can be offered as compensation in situations like this, was it 4x the value of the ticket or something?
 
Re: Pax forcibly removed from United overbooked flight

I believe it has been mentioned upthread that there is a legislated maximum that can be offered as compensation in situations like this, was it 4x the value of the ticket or something?

4x the value or $1350, whichever is lower. I think it was something like that.

I suppose UA could offer much more than that if they wanted to. I don't see how you can break the law by offering more than those stated amounts.

There's a funny rub here - those compensation values are not cash. It's UA monopoly money. (Another reason why EU261 can be powerful - passengers have the option to choose how they are compensated). Whether or not the pax who chose to be offloaded before the doctor now do not want to fly UA, though there's somewhat locked in as their credit will only cover flying UA.
 
Re: Pax forcibly removed from United overbooked flight

There's a funny rub here - those compensation values are not cash. It's UA monopoly money. (Another reason why EU261 can be powerful - passengers have the option to choose how they are compensated).

Apparently you can insist they give it to you as cash rather than vouchers, although many people obviously would not know this.
 
Re: Pax forcibly removed from United overbooked flight

Once verified, this would be good to know for future reference.


Apparently you can insist they give it to you as cash rather than vouchers, although many people obviously would not know this.
 
Re: Pax forcibly removed from United overbooked flight

Here's how to get cash compensation:
[h=1]Why Delta Air Lines Paid Me $11,000 Not To Fly To Florida This Weekend[/h]This weekend, my family and I profited from Delta's travel woes — big time. We made $11k. Here's how we did it and why I'm not such a snob about getting bumped any more.


The memes have started well.

C9HBIYGUwAAAj6w.jpg
 
Re: Pax forcibly removed from United overbooked flight

14 CFR 250.5 section (c)(2) would seem to be the key:

Carriers may offer free or reduced rate air transportation in lieu of the cash or check due under paragraphs (a) and (b) of this section, if

(2) The carrier fully informs the passenger of the amount of cash/check compensation that would otherwise be due and that the passenger may decline the transportation benefit and receive the cash/check payment

So they can offer you a voucher ("free or reduced rate air transportation") but you are free to decline and receive cash/cheque instead.

Note that this only applies for involuntary denied boarding - if you volunteer you'd have to negotiate at the time but the statute wouldn't apply.
 
Re: Pax forcibly removed from United overbooked flight

4x the value or $1350, whichever is lower. I think it was something like that.
...
The legislated minimum compensation is four times the value of the ticket up to USD1350 ... Cash or Cheque.

www.transportation.gov/airconsumer/fly-rights
Involuntary BumpingDOT requires each airline to give all passengers who are bumped involuntarily a written statement describing their rights and explaining how the carrier decides who gets on an oversold flight and who doesn't. Those travelers who don't get to fly are frequently entitled to denied boarding compensation in the form of a check or cash. The amount depends on the price of their ticket and the length of the delay:

  • If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
  • 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).
  • If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
  • You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an "involuntary refund" for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
  • If you paid for optional services on your original flight (e.g., seat selection, checked baggage) and you did not receive those services on your substitute flight or were required to pay a second time, the airline that bumped you must refund those payments to you. ...
 
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Re: Pax forcibly removed from United overbooked flight

I believe it has been mentioned upthread that there is a legislated maximum that can be offered as compensation in situations like this, was it 4x the value of the ticket or something?
I don't think United offered the maximum. Seems the offer stopped at USD800.

I also find it strange that someone didn't take up the compensation offered. That's a lot of money for a short overnight delay including accommodation and food.
 
Re: Pax forcibly removed from United overbooked flight

Once passengers get on board and are seated their expectations of travel goes up and perhaps the $$$ value to give up the seat also then changes.

Maybe all the passengers needed to be at their destination as planned. I say again: Why does the airline think that their passengers' plans and schedulesare less worthy than the 4 crew members.
 
Re: Pax forcibly removed from United overbooked flight

I don't think United offered the maximum. Seems the offer stopped at USD800....
There is no maximum, there is a regulated minimum which can be as high as USD1350.

The airline can offer more if they desire.
 
Re: Pax forcibly removed from United overbooked flight

There is no maximum, there is a regulated minimum which can be as high as USD1350.

The airline can offer more if they desire.
Oh apologies misread that as maximum. If that is the case then United should have offered a lot more than what they offered until someone took up their offer.
 
The flight was not overbooked.
The man was not denied boarding he had already boarded.
Some of the videos show him bleeding from the mouth as he was removed from the plane.
At least one article said hsi injury was due to him hitting his head on the armrest as he was dragged out of his seat.
Once he hit the floor he does not appear to say anything more and he is limp and not resisting.Probably because he was knocked out.
Coming back onto the plane he was ranting.Almost certainly due to his concussion hence why he was then removed from the plane and sent to hospital.

Then to UA.An earlier poster has confirmed there were at least 3 more flights to Louisville after that flight but on different airlines.
So why did UA not offer a cash component and a seat on one of the other airlines say the AA flight 1 hour later.
Or why did they not put their crew on the AA flight-they would have got their 2 hours before the UA flight as it was delayed by 3 hours.

And I do like the Jimmy Kimmel youtube clip referenced in post 87.The UA ad at the end is priceless.
 
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Re: Pax forcibly removed from United overbooked flight

Once passengers get on board and are seated their expectations of travel goes up and perhaps the $$$ value to give up the seat also then changes.

Maybe all the passengers needed to be at their destination as planned. I say again: Why does the airline think that their passengers' plans and schedulesare less worthy than the 4 crew members.
jb747 answered this. If the crew had not been in position to fly the next day, that flight would have been cancelled, along with inconvenience to a whole planeload of passengers, and consequent knock-on effects throughout the day with aircraft out of position. It wouldn't have been four passengers delayed but more like 400.

United didn't oversell their flight, but they did need to free up four seats. They way they went about it could have been better, and the police definitely went beyond the law.

The end result is that a passenger who had done everything right was assaulted and thrown off the plane while being filmed by other passengers. The subsequent attempts at PR by the CEO added fuel to the fire.
 
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