Fly the Friendly Skies of United

[zincwarrior]

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:

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.

**********************************************************************

I can see United using the Force Majeure and Other Unforeseeable Conditions defense:

force ma·jeure
fôrs mäˈZHər/
noun
1. unforeseeable circumstances that prevent someone from fulfilling a contract.

UAL will claim they did not plan to have to move that flight crew to Louisville and it was an unforeseen circumstance that day.

That said, I am not sure they will prevail if there were other reasonable ways to get that crew there within the necessary timeframe, which I don't believe any of us know the answer to and may never.

And it may not even matter as long as the need was unforeseen by UAL. But they surely could have handled it better.

Except of course its an entirely foreseeable condition that is totally within United's control. Force mejeure clauses work for events beyond one or both parties' control. What caused this is the opposite of that. United wanting to put some of their employees on was completely within their control.

 

[AustinN4]

But I agree that is the section they would cite. but when it is point out that NO acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported took place, they would only look stupid again.

But it did, assuming the need to move the crew in a hurry was truly spur of the moment.

 

[AustinN4]

Not so much of a big deal:

United Continental Holdings Inc
NYSE: UAL - Apr 11, 4:27 PM EDT
70.71USD0.81 (1.13%)
After-hours: 70.660.05 (0.07%)

 

[Renegade]

Bit it did, assuming the need to move the crew in a hurry was truly spur of the moment.

There was no circumstance that prevented them from fulfilling the contract. The flight was full, the weather was good, they had a crew, all they had to do was push the plane back and the contract would have been fulfilled. Which they eventually did. Thus it was not prevention, but that they just did not WANT to fulfill the contract as a convenience to their own employees. Big difference.

force ma·jeure

• 1.
  unforeseeable circumstances that prevent someone from fulfilling a contract.
  2.
• irresistible compulsion or greater force

 

[zincwarrior]

There was no circumstance that prevented them from fulfilling the contract. The flight was full, the weather was good, they had a crew, all they had to do was push the plane back and the contract would have been fulfilled. Which they eventually did. Thus it was not prevention, but that they just did not WANT to fulfill the contract as a convenience to their own employees. Big difference.

force ma·jeure

• 1.
  unforeseeable circumstances that prevent someone from fulfilling a contract.
  2.
• irresistible compulsion or greater force

Exactly.

 

[Renegade]

Not so much of a big deal:

United Continental Holdings Inc
NYSE: UAL - Apr 11, 4:27 PM EDT
70.71USD0.81 (1.13%)
After-hours: 70.660.05 (0.07%)

It was at 930E. a few calls from investors and he issued apology #3 to get things back under control. Time will tell how China reacts.

 

[AustinN4]

It was at 930E.

Buying opportunity!

 

[Renegade]

Buying opportunity!

Looking back, it opened at 70.30, and bottomed at 68.42 at 1025, and closed at 70.71.

winners and losers for sure.

 

[Younggun]

.

 

[Davetex]

"Kramer-like idiot"

 

[Renegade]

"Kramer-like idiot"

 

[Davetex]

Holy cow, I forgot about that one.

 

[Renegade]

Holy cow, I forgot about that one.

Now you see what I was referring to.

 

[AustinN4]

 

[peeps]

Ehhh weak..The Blue Bell one was better

 

[AustinN4]

Ehhh weak..The Blue Bell one was better

Yep, the fun new thing factor has worn off.

 

[karlac]

SW Airline's new proposed ad slogan, seen on twitter: "We beat the competition, not the customer!"

Sorry, I thought it was funny ...

 

[Younggun]

And a meme...


Sent from my iPhone using Tapatalk

 

[karlac]

Back when I was making more money than the amount of any inherent sense I had (admittedly with a bit more then average, but temporary, inflated sense of self importance as VP/GM of a fairly good sized O&G firm at the time), and pissed to the max at being bumped, while holding a paid 1st class ticket/reservation, in favor of a late arriving passenger who was three people behind me in line; then seeing her allowed to board the Continental flight to Denver, only to discover while I was venting to the agent in charge, that she was a Continental upper management employee, going on vacation, apparently with a much greater sense of self importance that trumped mine.

I sued ...

Was carrying a bid to Federal offshore drilling rights auction, then held in Denver, for a major oil company.
I finally made it, by the skin of my teeth, and much loss of sleep and hair ... the bid was in the hundreds of millions.

Continental settled for $1500, about six months later.

I think this dude is in for a bigger payday.

 

[karlac]

And a meme...

A what??

<just kidding>