3 ms·
> So does this apply to this case - yes, even though this individual was removed to accommodate UA employees the fact was there were more passengers holding val
by LeifCarrotson 10y ago
> So does this apply to this case - yes, even though this individual was removed to accommodate UA employees the fact was there were more passengers holding valid tickets than there were available seats
There were an equal number of passengers holding valid, confirmed tickets and available seats. Until United decided to reduce the number of available seats to make room for employees who did not hold valid, confirmed tickets.
> the language of the contract says "boarding" ... Is there really a world of difference between not being let on the plane and being asked to leave once you've taken your seat. I don't think there is.
That is ridiculous. The act of getting on the plane and taking a seat is literally the definition of the word "boarding". Once you have boarded, you can no longer be denied boarding because you've already done it. They didn't redefine the term to mean something weird in the Rule 1 - Definitions section, so they need to abide by the normal meaning of the term.
- vivekd 10y agoYou are defining "boarding" narrowly as the act of getting onto a plane. I think it's clear that wasn't what's meant by the contract and it is only being interpreted in this narrow way because people are angry with United. Reading boarding in the contract suggests that it it intended to refer to the whole process before the flight. The contract says "more passengers than available seats" not "more passengers than seats" if it were the latter your argument would be valid, in this case, seats may be unavailable for any number of reasons including there were other passengers or employees who took priority - not great customer service and I won't be flying United anytime soon - but from a standpoint of legal liability, it is well within the wording of the contract.
- xenadu02 10y agoYou're wrong. "boarding" comes from the nautical world and has a specific meaning. This is one of the times where the colloquial meaning and legal meaning are identical. You "board" when you enter the vessel/aircraft. There is a reason they check your ticket at the gate: because that's the legally accepted procedure for verifying you are a paying passenger and transitioning from the "not-boarded" to "boarded" state. Different rules kick in (both by contract and by law) once they scan your ticket and let you climb aboard the craft. The Dr in this case had boarded the plane. If United wanted to bump passengers to make room for crew (ignoring whether that was permissible under the "overbooked" definition), they needed to do it before they let the passengers on the plane. Furthermore that was an entirely knowable event. The moment they started letting people on the plane they already knew the crew members were running late. They could have had the gate agents ask for volunteers before anyone got on. They screwed up twice. There is no defense of United to be had here. Everyone can stop apologizing for them now.