Santa Rosa, CA asked in Consumer Law for California

Q: I had purchased first-class airline tickets on United Airlines and when I arrived at the gate was informed that there

no seats available in first-class. I was told to accept economy class seats or not travel. No alternative accommodations were offered. Subsequently, I was offered a non-transferable certificate of $2000 for future travel.

Days later, after my travel agent complained, I was told that the certificate would be transferrable and that I would be compensated eventually for the difference in cost between the economy-class fare and the first-class fare. I have not yet been compensated.

My question is: does my inconvenience and upset over my treatment have any additional value beyond what United is now offering?

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3 Lawyer Answers

A: In response to your question, "No." You are entitled to up to 400% of your one-way fare, up to $2,150. transportation.gov/individuals/aviation-consumer-protection/bumping-oversales

A: Under the basic operations of law, if you pay for X you are entitled to receive X and not less, not more. From that standpoint, you try to get what you can. Complicating matters, "maritime" (at sea) and I think "common carrier" (in the air?) but certainly covering planes and that type of travel, have different rules that are in play with them, so, you will need a specialty atty to answer these questions...

James L. Arrasmith
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Answered

A: Your situation is frustrating and understandably upsetting. Being downgraded without alternatives offered and then facing delayed compensation adds to the sense of unfair treatment. You may be entitled to additional compensation for the inconvenience and disruption caused by United Airlines, beyond the current offer. Airlines owe passengers a duty of care and fair dealing, especially when you’ve paid a premium for first-class service.

To determine if your inconvenience has additional value, you might consider the emotional distress, lost time, or business opportunities that resulted from the downgrade. While such claims can be harder to quantify, there are cases where individuals have been compensated for significant inconveniences or mishandled situations. Document everything, including receipts, correspondence, and details about how this affected your travel experience.

It’s reasonable to ask United for a more substantial resolution, whether monetary compensation or additional travel benefits. If they are unwilling to meet your expectations, you may explore filing a formal complaint with the Department of Transportation or consulting an advocate to assess whether pursuing further action would be worthwhile. Taking these steps could encourage the airline to address your concerns more effectively.

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