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Travel Discussion
Reply to "Airline will bump someone from their window seat up on my request for medical issue how do you handle confrontation?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I know it's hard to understand, OP. Let me try to help The source you quoted, c the one you said was a law proving your point, and that you were casting shade about nobody else citing? That's because it says the opposite of what you think it says: "any seat NOT ALREADY ASSIGNED TO ANOTHER PASSENGER." It might be a blocked seat, but the requirement is NOT actually to bump someone. [/quote] Here’s the official e‑CFR page spelling out the requirement to reassign (swap out) another passenger’s seat to meet your documented medical need: 14 CFR § 382.85(a)(1)(ii) "However, you must assign to the passenger any seat, not already assigned to another passenger that accommodates the passenger’s needs, even if that seat is not available for assignment to the general passenger population at the time of the request." This obligates the carrier to free up, by moving another passenger, any appropriate seat to honor your accommodation.[/quote] Exactly what part of "not already assigned to another passenger" do you not understand? Here's the actual document: https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382/subpart-F/section-382.85[/quote] Here you go: Title 14, Part 382 (“Nondiscrimination on the Basis of Disability in Air Travel”), § 382.83(a)(2)(iii). You can read it directly in the e-CFR here: 14 CFR § 382.83(a)(2)(iii) "If all designated priority seats that would accommodate the passenger have been assigned to other passengers, you must reassign the seats of the other passengers as needed to provide the requested accommodation." This makes sense as to why the seats were moved around[/quote] That's only for priority seats set aside for disability. I can't tell if you just don't know what you are talking about, or if you are deliberately leaving out the framing to try to rationalize that you're right. You aren't. Here is the whole section. (Note that I provide a link instead of taking it out of context. :roll: ) https://www.law.cornell.edu/cfr/text/14/382.83 [quote]§ 382.83 Through what mechanisms do carriers make seating accommodations? (a) If you are a carrier that provides advance seat assignments to passengers (i.e., offer seat assignments to passengers before the day of the flight), you must comply with the requirements of § 382.81 of this part by any of the following methods: (1) You may “block” an adequate number of the seats used to provide the seating accommodations required by § 382.81. (i) You must not assign these seats to passengers who do not meet the criteria of § 382.81 until 24 hours before the scheduled departure of the flight. (ii) At any time up until 24 hours before the scheduled departure of the flight, you must assign a seat meeting the requirements of this section to a passenger with a disability meeting one or more of the requirements of § 382.81 who requests it, at the time the passenger initially makes the request. (iii) If a passenger with a disability specified in § 382.81 does not make a request at least 24 hours before the scheduled departure of the flight, you must meet the passenger's request to the extent practicable, but you are not required to reassign a seat assigned to another passenger in order to do so. [b](2) You may designate an adequate number of the seats used to provide seating accommodations required by § 382.81 as “priority seats” for passengers with a disability. [/b] [NOTE WELL:] [b](i) You must provide notice that all passengers assigned these seats (other than passengers with a disability listed in § 382.81 of this part) are subject to being reassigned to another seat if necessary to provide a seating accommodation required by this section.[/b] (ii) You may provide this notice through your computer reservation system, verbal information provided by reservation personnel, ticket notices, gate announcements, counter signs, seat cards or notices, frequent-flier literature, or other appropriate means. (iii) You must assign a seat meeting the requirements of this section to a passenger with a disability listed in § 382.81 of this part who requests the accommodation at the time the passenger makes the request. You may require such a passenger to check in and request the seating accommodation at least one hour before the standard check-in time for the flight. [b][And only THEN] If all designated priority seats that would accommodate the passenger have been assigned to other passengers, you must reassign the seats of the other passengers as needed to provide the requested accommodation.[/b] (iv) If a passenger with a disability listed in § 382.81 does not check in at least an hour before the standard check-in time for the general public, you must meet the individual's request to the extent practicable, but you are not required to reassign a seat assigned to another passenger in order to do so. (b) If you assign seats to passengers, but not until the date of the flight, you must use the “priority seating” approach of paragraph (a)(2) of this section. (c) If you do not provide advance seat assignments to passengers, you must allow passengers specified in § 382.81 to board the aircraft before other passengers, including other “preboarded” passengers, so that the passengers needing seating accommodations can select seats that best meet their needs. (d) As a carrier, if you wish to use a different method of providing seating assignment accommodations to passengers with disabilities from those specified in this subpart, you must obtain the written concurrence of the Department of Transportation. Contact the Department at the address cited in § 382.159 of this part.[/quote][/quote]
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