LogFAQs > #878032047

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TopicDr. David Dao reaches settlement with United Airlines
UnfairRepresent
04/27/17 7:05:54 PM
#17:


The Admiral posted...


1) Buying a ticket is not entering into a legal contract. All he is entitled to is his money back if they fail to provide service.
2) The airline was within its rights to ask him to leave.
3) The airline did not injure him.


We went over this in your topic and you ran away.

Yes buying a ticket is a contract.

The airline was within it's rights to ask him to leave but once he said no, and they forced him out, they had violated their contract because he had boarded and the flight was not oversold. At that point they had no legs to stand on to boot him out. They had fucked up by allowing everyone to board and then deciding to toss people out at the last minute to make room for their staff.

Then they are liable for the injuries he recieved that only occured because of their breach in contract.


5, 21, 25

https://www.united.com/web/en-US/content/contract-of-carriage.aspx/
https://www.transportation.gov/airconsumer/fly-rights#Overbooking77
http://www.dorfonlaw.org/2017/04/united-airlines-own-contract-denied-it.html

The Admiral posted...

Those are included under section 25 of your own links, which allow the airline to deny boarding to anyone if the flight is oversold. I'm sure you're going to argue semantics here and claim that he already technically boarded, but that's essentially irrelevant. They have a legal right to deny passengers transportation in that situation.

The flight wasn't oversold and he did board.

Neither of these two points are irrelevant and they do not have the right to force people off the plane under those circumstances. That's a breach of contract.

The airline fucked up. Doesn't matter if the Dr was a douche, the airline fucked up.

To clarify this is their contract's definition of oversold:

Oversold Flight means a flight where there are more Passengers holding valid confirmed Tickets that check-in for the flight within the prescribed check-in time than there are available seats.

That wasn't the case

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^ Hey now that's completely unfair.
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