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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
by 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 agoThey can still remove you in breach of the contract. You could collect some damages, but they are allowed to do it.
- phonon 9y agoA. 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 agoTypically 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.