h*********n
发帖数: 11319 | 1 现在还在扯jb蛋“超售”的都是他妈的UA枪手
专业民事律师眼里这根本就是躺赢的case
FW: Lawyer here. This myth that passengers don't have rights needs to go
away, ASAP. You are dead wrong when saying that United legally kicked him
off the plane.
法律上，航空公司没有权力无故把就座的乘客赶下飞机
1. First of all, it's airline spin to call this an
overbooking. The statutory provision granting them the ability to deny
boarding is about "OVERSALES", specifically defines as booking more reserved
confirmed seats than there are available. This is not what happened. They
did not overbook the flight; they had a fully booked flight, and not only
did everyone already have a reserved confirmed seat, they were all sitting
in them. The law allowing them to denying boarding in the event of an
oversale does not apply.
法律规定航空公司雇员的优先级低于付费旅客
2. Even if it did apply, the law is
unambiguously clear that airlines have to give preference to everyone with
reserved confirmed seats when choosing to involuntarily deny boarding. They
have to always choose the solution that will affect the least amount of
reserved confirmed seats. This rule is straightforward, and United makes
very clear in their own contract of carriage that employees of their own or
of other carriers may be denied boarding without compensation because they
do not have reserved confirmed seats. On its face, it's clear that what they
did was illegal-- they gave preference to their employees over people who
had reserved confirmed seats, in violation of 14 CFR 250.2a.
航空公司无权要求对没有危害飞行安全的旅客动用武力
3. Furthermore, even if you try and twist this into a legal application of
250.
2a and say that United had the right to deny him boarding in the event of an
overbooking; they did NOT have the right to kick him off the plane. Their
contract of carriage highlights there is a complete difference in rights
after you've boarded and sat on the plane, and Rule 21 goes over the
specific scenarios where you could get kicked off. NONE of them apply here.
He did absolutely nothing wrong and shouldn't have been targeted. He's going
to leave with a hefty settlement after this fiasco | a**********2
发帖数: 3726 | |
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