Han v. United Continental Holdings, Inc.

762 F.3d 598 (2014)

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Nature of the Case

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Facts

D's MileagePlus Program is a voluntary customer-loyalty program. To enroll in the Program, members must complete a MileagePlus enrollment form and must accept the MileagePlus Program Rules, Terms, Conditions, and Legal Notices. The Program Rules state that 'your participation in the Program will be governed by these provisions,' and that 'these Program Rules cannot be superseded or changed, except in writing from D.' The Program Rules further provide that 'D has the sole right to interpret and apply the Program Rules.' The Program Rules also state that 'Participation in the MileagePlus Program (the 'Program') is subject to any terms and conditions, rules, regulations, and policies and procedures ('Program Rules') that D may, at its discretion, adopt from time to time.' Members earn 'mileage' when they fly on D, or its partner airlines, or through other qualifying activities such as car or hotel room rentals. P maintains that D breached the MileagePlus Program contract by crediting him for 'mileage' determined by the distance between the airports, instead of the number of miles the airplanes actually flew (including such things as weather diversions and landing delays). Section 18a of the Rules states that 'in the case of air travel, mileage will be credited only for flights actually flown by the member.' D acknowledges that the MileagePlus Program Rules do not specify the method by which United will determine the amount of 'mileage' credit for any particular flight. The court dismissed P’s complaint and P appealed.