United Airlines – Overbooked flight…Back to Forum
I thought that Munoz was pretty contrite during his ABC interview, and I was buying into his repentant tone until I remembered that his actions prior made me think, maybe he’s in full litigation limitation mode here ?
I’m now of the sad opinion , and I have to qualify my thoughts, by admitting to not having much to do with my ex southern neighbours recently, and maybe others can hopefully and positively contradict me.
But, it seems to me, that our cousins across the pond have insidiously allowed themselves to become more suspicious, intolerant and aggressive since the attacks 16 years ago. And I can understand how that’s come to be. When I watch US telly, when I’m back in BC, my brain shirks at the language used by the presenters, the on-going WAR on terror ,being the most obvious example, more menacing is subtle references to foreigner’s and HOMELAND SECURITY and liberal attacks on freedom . It’s not a BOMBARDMENT of propaganda, just a continual oozing of thought that must ultimately affect the psyche of most PATRIOTIOC citizens!!
And I suspect, that by the time that this comes to court, corporate America will win out, once the shock of watching an OAP, sorry senior citizen being dragged off an aircraft fades from the memory, the good people of the States will be reminded about how important it is to stand UNITED against rebellious individuality when confronted by authority.14 Apr 2017
Whilst much of the media has noted United is to refund the fares of all the passengers on this flight, only one or two so far have noted condition attached: “By acceptance of this travel certificate you release United, the operating carrier, and their respective employees, agents and representatives from any and all liability, claims or damages resulting or arising from the matters relating to your flight, compensation therefore or any related complaint.”
How’s that for generosity!
And Dr Dao’s problems didn’t just end when he was off the plane – this from the Chicago-Sun:
Airlines kicked a bloodied Dr. David Dao and his wife off their flight Sunday evening, they also added insult to injury.
• Translation: While Dao was being wheeled off to the hospital, it was wheels up with his luggage.
“The airline didn’t even have the courtesy to give the Daos their luggage after Dr. Dao was dragged off their flight [by Chicago aviation security police officers] and transported to Advocate Lutheran General Hospital,” said their powerhouse attorney, Thomas A. Demetrio.
“Instead, the airline flew their luggage to Louisville, Kentucky. And instead of delivering it to their home, they sent it to their medical practice office,” he added.
“They were not happy. They had nothing, none of their stuff,” added Demetrio.14 Apr 2017
Unless the release of liability clause is conspicuously brought to the attention of passengers availing the refund, it will not act as a waiver of their rights. With regard to the baggage issue, all I can say is it isn’t just raining, it’s pouring.14 Apr 2017
It has a point
The United Story Isn’t About Customer Service. It’s About Class Warfare.
When corporations can openly beat their customers and deny them service, why would they even bother trying to be nice?
“But now we find ourselves at a moment when nearly all the promises of the airline deregulators have clearly proved false. If you’re a member of the creative class who rarely does business in the nation’s industrial heartland or visits relatives there, you might not notice the magnitude of economic disruption being caused by lost airline service and skyrocketing fares. But if you are in the business of making and trading stuff beyond derivatives and concepts, you probably have to go to places like Cincinnati, Pittsburgh, Memphis, St. Louis, or Minneapolis, and you know firsthand how hard it has become to do business these days in such major heartland cities, which are increasingly cut off from each other and from the global economy.”15 Apr 2017
No need to take the incident philosophically, its nothing but very bad management and atrocious customer service and the courts will decide the outcome. The reason for the UAL aggression is its a criminal offence in the USA (to disregard the request to leave the aircraft) whereas its a civil offence in the UK (Ahmad said) so EU airlines wisely avoid the situation by closing the flight before the pax board and not changing anything, thus avoiding crazy situations and ongoing legal problems.16 Apr 2017
The reason for the UAL aggression is its a criminal offence in the USA (to disregard the request to leave the aircraft) whereas its a civil offence in the UK (Ahmad said) so EU airlines wisely avoid the situation by closing the flight before the pax board and not changing anything, thus avoiding crazy situations and ongoing legal problems.
All I said was it becomes civil trespass when previously given permission to board and remain in the aeroplane is withdrawn. I don’t think this meant that it is a civil offence to disregard the crew’s request to leave the aircraft. Depending on the circumstances, this can turn into a criminal matter as can any altercation between two or more people. I did go on to say that the police (in the UK) have ‘other’ powers to remove you from your seat. I am sure the police will not hesitate to use them these days, if required. There are several reasons why an airline can refuse you carriage. Here is an extract from the Virgin terms and conditions:
Please don’t push your luck when asked to de-plane in the UK. In today’s climate it is more than likely that the police will be called in and you will be arrested. Whether or not you will end up with a windfall in compensation will be determined much later!!
I think I should adopt my previous policy of not giving any legal advice on the Forum as abstract advice can often be misunderstood. I couldn’t resist this time because @drflight posed a direct question on what the law was in a given situation.17 Apr 2017
I wonder if there will be any end to this.17 Apr 2017