In true authoritarian-passive fashion y'all corporation sycophants are very quick to ignore the company's own contract, if it means an opportunity to assault the lower life form of We the People:
>> Like all airlines, United has a very specific (and lengthy!)
contract for carriage outlining the contractual relationship between the airline and the passenger. It includes a familiar set of provisions for when a passenger may be denied boarding (Rule 25: “Denied Boarding Compensation”).
When a flight is oversold, UA can
deny boarding to some passengers, who then receive compensation under specific guidelines. However, Dao was
not denied boarding. He was
granted boarding and then involuntarily removed from the airplane. What does the contract say about that?
It turns out that the contract has a specific rule regarding “Refusal of Transport” (Rule 21), which lays out the conditions under which a passenger can be removed and refused transport on the aircraft. This includes situations where passengers act in a “disorderly, offensive, abusive, or violent” manner, refuse to comply with the smoking policy, are barefoot or “not properly clothed,” as well as many other situations.
There is absolutely no provision for deplaning a seated passenger because the flight is oversold.
An added complication here is that the flight wasn’t even oversold. The contract defines an oversold flight as “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.”
In this case, the airline attempted to remove seated passengers to make room for airline staff requiring transport to another airport, not because it had sold more tickets than there were seats available.
In any event, this point is largely moot, because neither employee transportation nor oversold situations is listed as among the reasons that a passenger may be refused transport.
.... Bottom line is that
if the airline wants to bump you from the aircraft, it must deny you boarding. After the crew grant you boarding, the number of conditions under which they may deplane you substantially decreases.
... All of this means that the airline may not have had the right to remove Dao from the aircraft.
What are the consequences of this breach? Rule 21 on Refusal of Transport states that “UA is not liable for its refusal to transport any passenger or for its removal of any passenger in accordance with this Rule” and that the sole remedy is a refund of the ticket.
In this case, however, United Airlines did not deplane the passenger “in accordance with this Rule” but probably acted
contrary to the rule. So, the liability exclusion by its terms does not apply. << ---
Why United was Legally Wrong
Quisling.