United Airlines Says It Can Sell You A Product You May Not Recieve

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United Airlines has asked a federal judge to dismiss a proposed class action lawsuit arguing passengers were unfairly charged for “window seats” without actual windows. Instead, the airline is arguing “window” refers to the position of the seat and not any potential views from it.

“The use of the word ‘window’ in reference to a particular seat cannot reasonably be interpreted as a promise that the seat will have an exterior window view,” attorneys for United argue in their motion to dismiss, filed in a San Francisco federal court on Monday, Nov. 10.

They add: “Rather, the word ‘window’ identifies the position of the seat — i.e., next to the wall of the main body of the aircraft.”

Back in August, two similar complaints were filed against both United and Delta Air Lines in California and New York federal courts, respectively. Both lawsuits allege the airlines didn't warn passengers that their seats actually lacked the titular windows.

However, United argues that their contract of carriage, which passengers agree to when purchasing a ticket, “does not contain any promise that seats in the window position of any aircraft will have exterior window views.”

The motion to dismiss also cited federal law that generally prohibits passengers from pursuing breach of contract claims regarding airline fees and surcharges, including the cost of more desirable seats.

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