3 ms·

Some argued the contract of carriage only allows the airline to deny boarding, not to remove you after boarding. But that is a pretty narrow interpretation of t

Some argued the contract of carriage only allows the airline to deny boarding, not to remove you after boarding. But that is a pretty narrow interpretation of the language. Plus, the airline can throw you off the plane for any reason at all, even if doing so is a breach of contract. There is no explicit law that says you can't be asked to leave a plane you already boarded.

phonon 9y ago
Incorrect. United has a contract of carriage that explicitly enumerates the circumstances in which they can remove you from the aircraft.[1] Overbooking is not one of those reasons, and there is no "catch-all". [1] https://www.united.com/web/en-US/content/contract-of-carriage.aspx#sec21 https://www.united.com/web/en-US/content/contract-of-carriag...
- rhino369 9y ago
  They can still remove you in breach of the contract. You could collect some damages, but they are allowed to do it.
  - phonon 9y ago
    A. You make it sound as if a common carrier violating its own contract of carriage is no big deal. Depending on how widespread and severe the violations are, there could be considerable repercussions from the DOT/FAA, in addition to civil damages. B. It's no simple thing to forcibly remove someone. This is not "being asked to leave a plane you already boarded." but dragging someone out violently. If the airline is the one breaching their contract, why would the police assist in that breach? You can read a bit more-- https://www.natlawreview.com/article/united-airlines-dr-dao-and-contract-carriage https://www.natlawreview.com/article/united-airlines-dr-dao-... https://fas.org/sgp/crs/misc/R43078.pdf https://fas.org/sgp/crs/misc/R43078.pdf
    - rhino369 9y ago
      Typically breach of contract is no big deal. It happens all the time. Certainly, if airlines are being deceptive it starts becoming a consumer fraud issue and the government should step in. The police wouldn't be assisting the breach, they'd be removing a trespasser. Once your invitation is revoked, you have no right to stay in a location. Having a claim for breach of contract gives you no right to try to physically force performance.

phonon 9y ago

Incorrect. United has a contract of carriage that explicitly enumerates the circumstances in which they can remove you from the aircraft.[1] Overbooking is not one of those reasons, and there is no "catch-all". [1] https://www.united.com/web/en-US/content/contract-of-carriage.aspx#sec21 https://www.united.com/web/en-US/content/contract-of-carriag...

rhino369 9y ago
They can still remove you in breach of the contract. You could collect some damages, but they are allowed to do it.
- phonon 9y ago
  A. You make it sound as if a common carrier violating its own contract of carriage is no big deal. Depending on how widespread and severe the violations are, there could be considerable repercussions from the DOT/FAA, in addition to civil damages. B. It's no simple thing to forcibly remove someone. This is not "being asked to leave a plane you already boarded." but dragging someone out violently. If the airline is the one breaching their contract, why would the police assist in that breach? You can read a bit more-- https://www.natlawreview.com/article/united-airlines-dr-dao-and-contract-carriage https://www.natlawreview.com/article/united-airlines-dr-dao-... https://fas.org/sgp/crs/misc/R43078.pdf https://fas.org/sgp/crs/misc/R43078.pdf
  - rhino369 9y ago
    Typically breach of contract is no big deal. It happens all the time. Certainly, if airlines are being deceptive it starts becoming a consumer fraud issue and the government should step in. The police wouldn't be assisting the breach, they'd be removing a trespasser. Once your invitation is revoked, you have no right to stay in a location. Having a claim for breach of contract gives you no right to try to physically force performance.