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It has been mentioned a lot in the comments that United was correct as per their Contract of Carriage - Involuntary Deny Boarding. But what's being missed here

It has been mentioned a lot in the comments that United was correct as per their Contract of Carriage - Involuntary Deny Boarding. But what's being missed here is that, the person who was dragged wasn't denied to board the plane in the first place. He was already seated, a seat number assigned to him, he is on the plane and by all means and precedents, he has already boarded. You cannot anymore deny boarding for someone whom you have already allowed passage inside the plane and seated. I assume this will be a feast day for the lawyers of the person removed forcibly, as they have all the angles working certainly in their favor.

tedmiston 10y ago
Their technical definition of boarding may include everything up to until taxing for takeoff. They definitely are able to remove people between boarding and takeoff, whether through IDB or another clause.
- AngeloAnolin 10y ago
  That technical definition should be explicitly stated on their contract, otherwise, it does not and would not hold up in any court of law. Ambiguity on contract clauses becomes the burden on those who wrote and enforces it, and that by itself is a concern because United cannot simply state that their supposed clause also magically enforces such other circumstances. They can definitely remove any person from a flight, but the context here is that they made an error from the get go all the way to how they handled the situation.
  - tedmiston 10y ago
    The part of the CoC I read this morning (linked in another comment), after making the above comment, sounds like the rules for removing a passenger are independent of boarding.
    - AngeloAnolin 10y ago
      Maybe you were referring to this: 2. Boarding Priorities - If a flight is Oversold, no one may be denied boarding against his/her will until UA or other carrier personnel first ask for volunteers who will give up their reservations WILLINGLY in exchange for compensation as determined by UA. If there are not enough volunteers, other Passengers may be denied boarding involuntarily in accordance with UA’s boarding priority: + Passengers who are Qualified Individuals with Disabilities, unaccompanied minors under the age of 18 years, or minors between the ages of 5 to 15 years who use the unaccompanied minor service, will be the last to be involuntarily denied boarding if it is determined by UA that such denial would constitute a hardship. + The priority of all other confirmed passengers may be determined based on a passenger’s fare class, itinerary, status of frequent flyer program membership, and the time in which the passenger presents him/herself for check-in without advanced seat assignment. Some relevant points: >> no one may be denied boarding against his/her will until UA or other carrier personnel first ask for volunteers who will give up their reservations WILLINGLY in exchange for compensation as determined by UA >> If there are not enough volunteers, other Passengers may be denied boarding involuntarily in accordance with UA’s boarding priority Note that after the phrase UA's boarding priority, it explicitly stated that: the time in which the passenger presents him/herself for check-in without advanced seat assignment. This is very clear that their IDB clause is solely focused on a person not yet physically inside the plane, with a seat allocated to him/her. Again, contracts and clauses are always open to different (mis)interpretations and the bias goes down to which entity one would want it favorable to. Update: Capitalized the word Willingly as it is implied in this contract.
      - tedmiston 10y ago
        The section I was referring to for removing a passenger independent of boarding is #21 - Refusal of Transport.
- vijayr 10y ago
  We are sitting here debating the "technical" definition of a simple thing such as boarding a plane :( In modern society (business especially), anything and everything seems to be centered around legality rather than common sense and being nice to fellow humans
  - FabHK 10y ago
    The nice and altruistic thing would have been to get off the damn plane when the flight crew and airline managers ask you to do. Supererogatory niceness would have been for someone else to take the 800 USD and hotel room and volunteer.

tedmiston 10y ago

Their technical definition of boarding may include everything up to until taxing for takeoff. They definitely are able to remove people between boarding and takeoff, whether through IDB or another clause.

AngeloAnolin 10y ago
That technical definition should be explicitly stated on their contract, otherwise, it does not and would not hold up in any court of law. Ambiguity on contract clauses becomes the burden on those who wrote and enforces it, and that by itself is a concern because United cannot simply state that their supposed clause also magically enforces such other circumstances. They can definitely remove any person from a flight, but the context here is that they made an error from the get go all the way to how they handled the situation.
- tedmiston 10y ago
  The part of the CoC I read this morning (linked in another comment), after making the above comment, sounds like the rules for removing a passenger are independent of boarding.
  - AngeloAnolin 10y ago
    Maybe you were referring to this: 2. Boarding Priorities - If a flight is Oversold, no one may be denied boarding against his/her will until UA or other carrier personnel first ask for volunteers who will give up their reservations WILLINGLY in exchange for compensation as determined by UA. If there are not enough volunteers, other Passengers may be denied boarding involuntarily in accordance with UA’s boarding priority: + Passengers who are Qualified Individuals with Disabilities, unaccompanied minors under the age of 18 years, or minors between the ages of 5 to 15 years who use the unaccompanied minor service, will be the last to be involuntarily denied boarding if it is determined by UA that such denial would constitute a hardship. + The priority of all other confirmed passengers may be determined based on a passenger’s fare class, itinerary, status of frequent flyer program membership, and the time in which the passenger presents him/herself for check-in without advanced seat assignment. Some relevant points: >> no one may be denied boarding against his/her will until UA or other carrier personnel first ask for volunteers who will give up their reservations WILLINGLY in exchange for compensation as determined by UA >> If there are not enough volunteers, other Passengers may be denied boarding involuntarily in accordance with UA’s boarding priority Note that after the phrase UA's boarding priority, it explicitly stated that: the time in which the passenger presents him/herself for check-in without advanced seat assignment. This is very clear that their IDB clause is solely focused on a person not yet physically inside the plane, with a seat allocated to him/her. Again, contracts and clauses are always open to different (mis)interpretations and the bias goes down to which entity one would want it favorable to. Update: Capitalized the word Willingly as it is implied in this contract.
    - tedmiston 10y ago
      The section I was referring to for removing a passenger independent of boarding is #21 - Refusal of Transport.
vijayr 10y ago
We are sitting here debating the "technical" definition of a simple thing such as boarding a plane :( In modern society (business especially), anything and everything seems to be centered around legality rather than common sense and being nice to fellow humans
- FabHK 10y ago
  The nice and altruistic thing would have been to get off the damn plane when the flight crew and airline managers ask you to do. Supererogatory niceness would have been for someone else to take the 800 USD and hotel room and volunteer.