A Delta Air Lines passenger has posted a video of his family being booted off a flight over a dispute regarding the use of a seat.
UPDATE -- Delta released a statement Thursday afternoon saying: "We are sorry for the unfortunate experience our customers had with Delta, and we’ve reached out to them to refund their travel and provide additional compensation. Delta's goal is to always work with customers in an attempt to find solutions to their travel issues. That did not happen in this case and we apologize."
The passenger was traveling with his wife and two children, ages 1 and 2, from Maui to Los Angeles April 23, according to the video he posted.
WARNING: Video includes profanity:
The passenger, Brian Schear, had also bought a seat for his 18-year-old son Mason, who ended up taking an earlier flight, according to ABC 7 News in Los Angeles. He describes in the video that it was difficult to have a lap child, "so we decided to get him a ticket on an earlier flight so we could use his seat and with the car seat and let the kid sleep... I paid for the seat."
The video shows him being told that "Mason is not here, so Mason is the one that owns the seat."
He was warned of a "federal offense, then you and your wife will be in jail," according to the video.
According to Schear's account, Delta "asked us to give up a seat we purchased for my older son that my younger son was sitting in.... The end result was we were all kicked off the flight."
He added that he and his family had to get a hotel and purchase new tickets the following day.
Delta's contract of carriage says: "Reservations and seat assignments are subject to cancellation if the passenger is not at the airport, has not completed the check-in process for his or her flight prior to the acceptable check-in deadlines, and is not at the gate and ready for boarding prior to the applicable boarding deadlines."
Schear is also told on the video that his two-year old could "not sit in a car seat" and "he has to sit in your arms the whole time."
Delta's website says: "For children under the age of two, we recommend you purchase a seat on the aircraft and use an approved child safety seat," and says: "Infants and children less than 2 years old may travel for free within the U.S. if an adult (18 years or older) holds the infant in arms or places the infant in an FAA-approved child restraint during take off and landing."