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Angry Dragon

(36,693 posts)
Wed Apr 12, 2017, 02:37 PM Apr 2017

Here is a link to United's COC

A lot of people are attacking the victim so let's read if United had the right to drag this person off the plane



added link

https://www.united.com/web/en-US/content/contract-of-carriage.aspx?Mobile=1



add this

Rule 21 Refusal of Transport

UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:

Breach of Contract of Carriage – Failure by Passenger to comply with the Rules of the Contract of Carriage.
Government Request, Regulations or Security Directives – Whenever such action is necessary to comply with any government regulation, Customs and Border Protection, government or airport security directive of any sort, or any governmental request for emergency transportation in connection with the national defense.
Force Majeure and Other Unforeseeable Conditions – Whenever such action is necessary or advisable by reason of weather or other conditions beyond UA’s control including, but not limited to, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported.
Search of Passenger or Property – Whenever a Passenger refuses to submit to electronic surveillance or to permit search of his/her person or property.
Proof of Identity – Whenever a Passenger refuses on request to produce identification satisfactory to UA or who presents a Ticket to board and whose identification does not match the name on the Ticket. UA shall have the right, but shall not be obligated, to require identification of persons purchasing tickets and/or presenting a ticket(s) for the purpose of boarding the aircraft.
Failure to Pay – Whenever a Passenger has not paid the appropriate fare for a Ticket, Baggage, or applicable service charges for services required for travel, has not paid an outstanding debt or Court judgment, or has not produced satisfactory proof to UA that the Passenger is an authorized non-revenue Passenger or has engaged in a prohibited practice as specified in Rule 6.
Across International Boundaries – Whenever a Passenger is traveling across any international boundary if:
The government required travel documents of such Passenger appear not to be in order according to UA's reasonable belief; or
Such Passenger’s embarkation from, transit through, or entry into any country from, through, or to which such Passenger desires transportation would be unlawful or denied for any reason.
Safety – Whenever refusal or removal of a Passenger may be necessary for the safety of such Passenger or other Passengers or members of the crew including, but not limited to:
Passengers whose conduct is disorderly, offensive, abusive, or violent;
Passengers who fail to comply with or interfere with the duties of the members of the flight crew, federal regulations, or security directives;
Passengers who assault any employee of UA, including the gate agents and flight crew, or any UA Passenger;
Passengers who, through and as a result of their conduct, cause a disturbance such that the captain or member of the cockpit crew must leave the cockpit in order to attend to the disturbance;
Passengers who are barefoot or not properly clothed;
Passengers who appear to be intoxicated or under the influence of drugs to a degree that the Passenger may endanger the Passenger or another Passenger or members of the crew (other than a qualified individual whose appearance or involuntary behavior may make them appear to be intoxicated or under the influence of drugs);
Passengers wearing or possessing on or about their person concealed or unconcealed deadly or dangerous weapons; provided, however, that UA will carry law enforcement personnel who meet the qualifications and conditions established in 49 C.F.R. §1544.219;
Passengers who are unwilling or unable to follow UA’s policy on smoking or use of other smokeless materials;
Unless they comply with Rule 6 I), Passengers who are unable to sit in a single seat with the seat belt properly secured, and/or are unable to put the seat’s armrests down when seated and remain seated with the armrest down for the entirety of the flight, and/or passengers who significantly encroach upon the adjoining passenger’s seat;
Passengers who are manacled or in the custody of law enforcement personnel;
Passengers who have resisted or may reasonably be believed to be capable of resisting custodial supervision;
Pregnant Passengers in their ninth month, unless such Passenger provides a doctor’s certificate dated no more than 72 hours prior to departure stating that the doctor has examined and found the Passenger to be physically fit for air travel to and from the destination requested on the date of the flight, and that the estimated date of delivery is after the date of the last flight;
Passengers who are incapable of completing a flight safely, without requiring extraordinary medical assistance during the flight, as well as Passengers who appear to have symptoms of or have a communicable disease or condition that could pose a direct threat to the health or safety of others on the flight, or who refuse a screening for such disease or condition. (NOTE: UA requires a medical certificate for Passengers who wish to travel under such circumstances. Visit UA’s website, united.com, for more information regarding UA’s requirements for medical certificates);
Passengers who fail to travel with the required safety assistant(s), advance notice and/or other safety requirements pursuant to Rules 14 and 15;
Passengers who do not qualify as acceptable Non-Ambulatory Passengers (see Rule 14);
Passengers who have or cause a malodorous condition (other than individuals qualifying as disabled);
Passengers whose physical or mental condition is such that, in United’s sole opinion, they are rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an escort. The escort must accompany the escorted passenger at all times; and
Unaccompanied passengers who are both blind and deaf, unless such passenger is able to communicate with representatives of UA by either physical, mechanical, electronic, or other means. Such passenger must inform UA of the method of communication to be used; and
Passengers who are unwilling to follow UA’s policy that prohibits voice calls after the aircraft doors have closed, while taxiing in preparation for takeoff, or while airborne.
Any Passenger who, by reason of engaging in the above activities in this Rule 21, causes UA any loss, damage or expense of any kind, consents and acknowledges that he or she shall reimburse UA for any such loss, damage or expense. UA has the right to refuse transport, on a permanent basis, to any passenger who, by reason of engaging in the above activities in this Rule 21, causes UA any loss, damage or expense of any kind, or who has been disorderly, offensive, abusive, or violent. In addition, the activities enumerated in H) 1) through 8) shall constitute a material breach of contract, for which UA shall be excused from performing its obligations under this contract.
UA is not liable for its refusal to transport any passenger or for its removal of any passenger in accordance with this Rule. A Passenger who is removed or refused transportation in accordance with this Rule may be eligible for a refund upon request. See Rule 27 A). As an express precondition to issuance of any refund, UA shall not be responsible for damages of any kind whatsoever. The passenger’s sole and exclusive remedy shall be Rule 27 A).

14 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

PoliticAverse

(26,366 posts)
1. Note that they mention a lot of ways that they can prevent you from "boarding", not so much...
Wed Apr 12, 2017, 02:39 PM
Apr 2017

about "re-accommodating" once you've boarded.

 

randome

(34,845 posts)
3. Rule 4E.
Wed Apr 12, 2017, 02:53 PM
Apr 2017
UA may limit the number of Passengers carried at any fare level and certain fares will not necessarily be available on all flights. The number of seats which UA shall make available on a given flight will be determined by UA.

Doesn't that give them an out? They changed the number of seats available.
[hr][font color="blue"][center]A 90% chance of rain means the same as a 10% chance:
It might rain and it might not.
[/center][/font][hr]

PoliticAverse

(26,366 posts)
4. That's under "Rule 4 Reservations Confirmation/Fare Quotes/Disclosures" I don't think it applies..
Wed Apr 12, 2017, 02:58 PM
Apr 2017

once boarded.

 

randome

(34,845 posts)
5. Oh.
Wed Apr 12, 2017, 02:59 PM
Apr 2017

Still, with 40,000 people removed from airlines just last year, I would think not all of them fit into this relatively narrow set of definitions. If there was legal recourse, I'm sure it would already have been taken.

And Rule 21 still contains "but not limited to" clauses so...
[hr][font color="blue"][center]A 90% chance of rain means the same as a 10% chance:
It might rain and it might not.
[/center][/font][hr]

Angry Dragon

(36,693 posts)
8. How many of those people took the monetary compensation??
Wed Apr 12, 2017, 03:04 PM
Apr 2017

How many of them were dragged off planes??

 

randome

(34,845 posts)
11. I don't know. It's hard to use Google right now since there are so many Dao references.
Wed Apr 12, 2017, 03:30 PM
Apr 2017

What are the odds that some of them were forcibly removed?
[hr][font color="blue"][center]A 90% chance of rain means the same as a 10% chance:
It might rain and it might not.
[/center][/font][hr]

 

randome

(34,845 posts)
7. But boarding is not complete until the door is shut, according to knowledgeable DUers.
Wed Apr 12, 2017, 03:04 PM
Apr 2017

[hr][font color="blue"][center]A 90% chance of rain means the same as a 10% chance:
It might rain and it might not.
[/center][/font][hr]

 

randome

(34,845 posts)
10. No. He isn't considered boarded until the door is closed.
Wed Apr 12, 2017, 03:21 PM
Apr 2017

According to knowledgeable sources on DU.

 

randome

(34,845 posts)
14. There is another post where mn9Driver explains his expertise but I can't find it yet.
Wed Apr 12, 2017, 04:29 PM
Apr 2017
https://www.democraticunderground.com/10028919065#post22

At the very least he/she SOUNDS legit. And if you do a search of posts for him/her, you will find many other instances of commentary on airline-related matters.
[hr][font color="blue"][center]A 90% chance of rain means the same as a 10% chance:
It might rain and it might not.
[/center][/font][hr]
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