Online Travel Booking and Bidding Agencies - Priceline.com: Help Resolving Dispute

I have had a recent awful experience with Priceline.com.

Every agent that I have talked to (requiring a near act of God to reach a human-being) has read from the same script. Nope, can't help you.

Has anyone had any luck resolving a dispute with Priceline.com? I am counting on some help from American Express, but would like to have my ducks lined up.

Thanks!

At least you got through to a rep, I am in a dispute with PL as well right now, so in order to get them to talk to me I'm going to dispute the entire PriceLine billing & Hotel Incidental charges (these two billings are related as that is why I'm challenging them as soon as the cc bills me for them) on my credit cards as well as having sent complaints to the local BBB and FTC.

I figure either they contact me to discuss the issue or I don't pay. They made it this way by making it so difficult to get to someone.

For the record I would imagine that this post would and should be moved to FT Travel, online bidding forum but I thought I'd answer while its fresh in my mind.

Curious... what did Priceline do to violate their terms?

Not much info provided... so tough to provide advice.

William

Good luck getting any sort of resolution from priceline. Back in October, I had used priceline to bid on a weekend trip from ATL to TPA and received a $70+bonus routing on US Airways.

Unfortunately, the return flights that I was booked on wound up being cancelled as US Airways tweaked their schedules. Priceline sent me an email 2 days later advising me of this and giving me a revised itinerary.

A few days before I was due to leave, US Airways cancelled my outbound flights as well and offered to rebook me on other flights during the day. Unfortunately, due to other appointments that I had scheduled around the original flight times, we could not find any acceptable alternatives. US told me that they were willing to refund the ticket as a result, but that I would have to go through priceline.

I have called priceline FOUR times since then (twice before the travel dates and twice after) to try and get a refund, but they have steadfastedly refused saying that I entered into a *binding contract*. I countered with *but you changed the product AFTER I accepted the contract*, but to no avail. I've spoken to agents, supervisors, uber-supervisors and probably even the grand poo-bah, but no dice.

I did not use the ticket in the end, but wound up using a Delta award instead.

Priceline specifies that once tickets are issued, they "are subject to the published conditions of carriage and rules of the applicable airline".

They add the caveat that "All tickets will be non-refundable, non-endorsable and non-changeable".

Thats fine by me. But THEY just CHANGED my ticket, and accordingly BROKE their side of the contract. I believe that entitles me to a refund.

I see absolutely nothing in the terms and conditions that specify PRICELINE's right to change flights. The CARRIER reserves those rights, and the CARRIER is willing to RETURN MY MONEY to priceline. It is just priceline that stonewalls and refuses to refund.

Unfortunately, I had paid for these tickets with a debit card instead of a credit card, so I was S.O.L. as far as contesting the charges. I wound up writing it off to experience and swearing that I'd never deal with priceline for air tickets ever again.

Sean, could you take them to small claims court? either the airline or PL

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by B747-437B:
Good luck getting any sort of resolution from priceline. Back in October, I had used priceline to bid on a weekend trip from ATL to TPA and received a $70+bonus routing on US Airways.

Unfortunately, the return flights that I was booked on wound up being cancelled as US Airways tweaked their schedules. Priceline sent me an email 2 days later advising me of this and giving me a revised itinerary.

A few days before I was due to leave, US Airways cancelled my outbound flights as well and offered to rebook me on other flights during the day. Unfortunately, due to other appointments that I had scheduled around the original flight times, we could not find any acceptable alternatives. US told me that they were willing to refund the ticket as a result, but that I would have to go through priceline.

I have called priceline FOUR times since then (twice before the travel dates and twice after) to try and get a refund, but they have steadfastedly refused saying that I entered into a *binding contract*. I countered with *but you changed the product AFTER I accepted the contract*, but to no avail. I've spoken to agents, supervisors, uber-supervisors and probably even the grand poo-bah, but no dice.

I did not use the ticket in the end, but wound up using a Delta award instead.

Priceline specifies that once tickets are issued, they "are subject to the published conditions of carriage and rules of the applicable airline".

They add the caveat that "All tickets will be non-refundable, non-endorsable and non-changeable".

Thats fine by me. But THEY just CHANGED my ticket, and accordingly BROKE their side of the contract. I believe that entitles me to a refund.

I see absolutely nothing in the terms and conditions that specify PRICELINE's right to change flights. The CARRIER reserves those rights, and the CARRIER is willing to RETURN MY MONEY to priceline. It is just priceline that stonewalls and refuses to refund.

Unfortunately, I had paid for these tickets with a debit card instead of a credit card, so I was S.O.L. as far as contesting the charges. I wound up writing it off to experience and swearing that I'd never deal with priceline for air tickets ever again.</font>

You have to be flexible to use Priceline. That's why it's cheap.

Priceline told you before you placed your bid that the tickets are non-refundable. I don't know why US offered you a refund on a Priceline ticket. They are non-refundable.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by JS:
You have to be flexible to use Priceline. That's why it's cheap.

Priceline told you before you placed your bid that the tickets are non-refundable.</font>

It appears that you completely miss the point, JS.

In the case described by B747-437B, he agreed to the Priceline conditions; Priceline accepted his offer, took his money, and confirmed a flight. B747-437B then planned his schedule around the flights that Priceline confirmed.

Now the airlines make it impossible for Priceline to fulfill their commitment. Priceline should obviously either offer a refund, or offer alternative flights that provide transportation in the same time period to which Priceline had previously committed.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by TrojanHorse:
I figure either they contact me to discuss the issue or I don't pay. They made it this way by making it so difficult to get to someone.

</font>


Actually, you have already paid. it's not up to you to pay the bill or not, it's up to how the dispute, should you end up filing one, turns out.

It's one of the reasons they can do what they do, everybody pays up front. They already have your money, and they simply won't just turn it over in a dispute.

The way I understand it is, when I contact the credit card company that I used for my PL bid and challenge the billing, the CC company turns around and takes the money back from PL. then some sort of investigation takes place. I know that it is taken off my billing from the cc until the dispute is resolved. I haven't had many disputes over charges, but all the ones I have had, I've never had to pay for. So either the CC eats it or the merchant eats it in the end. In this case I hope its the merchant (PL) if they don't try to settle this issue with me.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by cordelli:

Actually, you have already paid. it's not up to you to pay the bill or not, it's up to how the dispute, should you end up filing one, turns out.

It's one of the reasons they can do what they do, everybody pays up front. They already have your money, and they simply won't just turn it over in a dispute.

</font>

The money is removed from Priceline only if they lose the dispute. If the bank gives you a provisional credit and you lose the disupte, then they take the money back from you again, but Priceline is only out if they lose the dispute.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by wideman:
It appears that you completely miss the point, JS.

In the case described by B747-437B, he agreed to the Priceline conditions; Priceline accepted his offer, took his money, and confirmed a flight. B747-437B then planned his schedule around the flights that Priceline confirmed.

Now the airlines make it impossible for Priceline to fulfill their commitment. Priceline should obviously either offer a refund, or offer alternative flights that provide transportation in the same time period to which Priceline had previously committed.

</font>

Priceline cannot offer alternative flights. They don't have any airplanes!

Non-refundable means exactly that -- NON-REFUNDABLE. If you can't re-schedule yourself when the airline revises its schedule, then don't use Priceline.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by JS:
Non-refundable means exactly that -- NON-REFUNDABLE. </font>

I might make a evaluative comment, but such comment could be perceived as rude, so I shall not do so.

If you purchase a NON-REFUNDABLE ticket from an airline and they substantially change the flight schedule of your NON-REFUNDABLE ticket, your non-refundable ticket is now a refundable ticket.

JS, I would encourage you to read the previous paragraph carefully, then continue to re-read it until it sinks in.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by wideman:
I might make a evaluative comment, but such comment could be perceived as rude, so I shall not do so.

If you purchase a NON-REFUNDABLE ticket from an airline and they substantially change the flight schedule of your NON-REFUNDABLE ticket, your non-refundable ticket is now a refundable ticket.

JS, I would encourage you to read the previous paragraph carefully, then continue to re-read it until it sinks in.</font>

Your second paragraph refers to published fares.


P.S. your attempt to put me down is not working.

JS
May I respectfully disagree with you? While you need to be flexible to use Priceline,they have to deliver what's promised as well. If I bid on a 4 star hotel in Houston and my bid is accepted, I certainly can expect that they will honor the dates I agreed to. Likewise,if I am told by PL that I have a 10am flight to HOU and they weeks later try and change that to a 11pm flight (thus making it impossible to make a connection),they have failed to produce the product that I originally paid for. I understand that they could have "awarded" me the 11pm flight when I placed my bid,but when they didn't, they provide a 10am "product".The e-ticket at the earlier time was "non-refundable",but after the change(s) the entire product change. In B747's case the airline was willing to refund (to Priceline )their applicable fees. It's unreasonable for PL to not refund their fee/commission.

It looks like JS either works for Priceline or owns its share. Maybe he will understand it in another way. A lot of things are NON-REFUNDABLE on the contract around us. Some examples include software purchase, currency exchange, pre-paid phone cards, etc. However, when the product is altered to mismatch the original agreed terms, the transaction is considered VOID. If a software package contains a broken disk or phone card contains a disconnected access number, then the consumer cannot be penalized. The consumer protection laws definitely allow changing a same product or refund in these cases.

Think about this, Priceline can simply sell you non-existant flights. Then cancel those flights two days later... too bad NON-REFUNDABLE, eh? Too bad, it is a SCAM. With enough complaints, this can even be turned into a class action civil suit.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by MoreMiles:

It looks like JS either works for Priceline or owns its share.</font>

No, I don't work for Priceline nor own it.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Maybe he will understand it in another way. A lot of things are NON-REFUNDABLE on the contract around us. Some examples include software purchase, currency exchange, pre-paid phone cards, etc. However, when the product is altered to mismatch the original agreed terms, the transaction is considered VOID. If a software package contains a broken disk or phone card contains a disconnected access number, then the consumer cannot be penalized. The consumer protection laws definitely allow changing a same product or refund in these cases. </font>

I don't agree that software with a broken CD is the same as this situation. It's not like the airline cancelled all service to the destination. It's the same day of travel originally agreed upon.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Think about this, Priceline can simply sell you non-existant flights. Then cancel those flights two days later... too bad NON-REFUNDABLE, eh? Too bad, it is a SCAM. With enough complaints, this can even be turned into a class action civil suit.

</font>

Priceline cannot sell you non-existent flights. Priceline cannot cancel flights or change the schedule. Priceline is a travel agent, not an airline.

Note I am not an attorney nor dispensing any legal advice.

However as someone who has had this exact situation with a few online merchants (including Amazon and Travelocity--getting a "substitution") here is my experience.

Depending on which Credit Card was used this will be easy to get money back on. Amex will generally stand behind their members here (Visa/MC depends on the bank) with legitimate compliants.

Seeing that the transaction was placed on Priceline the Credit Card transaction pretty much had to be a "Card Not Present" Transaction. This makes it much easier to dispute, forget that the dispute is not related to user fraud.

In a "Card Not Present" transaction my understanding is that usually the merchant (PL) takes a lot more risk. Which is why PL has so many screens telling you it is not refundable. This will help with most Card Not Present disputes when a CC charge is challenged.

However when the cardmemberis able to prove that the purchased item (original itin) is substantially different (meaning just that) then the delivered item (new times) and this impacts his reason/need for the item it is a different situation.

It is surprising that PL is not allowing some accomadation but my guess is that either:
1) PL does not see the change as substantial (a few hours would be debateable);
or
2) PL has not yet had the proper review of this situation.

If #2 then the Credit Card challenge should work. If #1 then it will come down to how "Substantial" the change is and how valuable the cardmember is.

We can all argue if it is right for PL to change the flights (but they did nothing more than any other travel seller) when the airline changes their schedule.

IMHO PL certainly does not value this challenge as a customer or would have handled this differently. There is a warning for all of us in this situation.

BTW it is my understanding that when the CC challenge occurs this money is debited from the merchant's revenue stream. Therefore PL does lose the revenue during the challenge.

It would be great to know which Credit Card you used and any outcome you might get.

[This message has been edited by 200 ngts/ 200 legs/year (edited 08-24-2002).]

[This message has been edited by 200 ngts/ 200 legs/year (edited 08-24-2002).]

[This message has been edited by 200 ngts/ 200 legs/year (edited 08-24-2002).]

I have on two occasions, once with expedia and once with travelocity solved problems like this through Better Business Bureau. BBB has an online complaint form, which I filled and they kept me updated with the progress. Needless to say, both were resolved to my satisfaction

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by 200 ngts/ 200 legs/year:
However when the cardmemberis able to prove that the purchased item (original itin) is substantially different (meaning just that) then the delivered item (new times) and this impacts his reason/need for the item it is a different situation.</font>


This would be virtually impossible to prove using Priceline. With Amazon I buy a book, say it's The Cat In The Hat. If they ship me Green Eggs and Ham, then they have sent em an equally enjoyable, though different item.

With priceline you purchase a trip from point A to point B. You don't know the airline, don't know the connection, don't know the flight times. You agree to the purchase before you know any of that. If they change you to another airline, another flight time, another connecting city, as long as they are getting you from point A to point B in the same day, then you do not have anything different then what you bought. You purchased a set of flights, without knowing what the flights would be. You can't turn around and say new flights wouldn't be acceptable to you because of flight times, when you didn't know what they would be before you purchased them.

"You purchased a set of flights, without knowing what the flights would be. You can't turn around and say new flights wouldn't be acceptable to you because of flight times, when you didn't know what they would be before you purchased them."

Actually I would beg to differ. At the time of purchase you are certainly correct but if -let play a little here http://www.flyertalk.com/travel/fttravel_forum/smile.gif --the purchase is made 3 weeks in advance and the change is made 3 days before travel (thus impacting any mtgs/plans/events you had planned for arrival day) and the change is substantial (say 12 hours). This is not reasonable or similar to the original item purchased.

Yes--I think we all concede that as a purchaser you agree with PCLN at the time of purchase to accept anything that day. However, my contention is that implicit with a flight purchase on PCLN is that you are getting the cheaper rates to be flexible in travel plans at THE TIME OF PURCHASE not post purchase. IMHO It is perfectly reasonable to make additional plans based on the flight times you get from PCLN at the time of purchase.

I have not studied the PCLN T&Cs so if they say you must be flexible post purchase (and make this clear and obvious) as well then this is a case of buyer beware but still very poor customer service when the supplier says they will refund the money to PCLN.

However, if changes occur and the changes are substantial and cause you damages and the changes are not reasonable to a normal person. I would expect that most CC companies will concur with this as well (again pending the clear T&Cs to the contrary).

If PCLN truly retains the right to change a purchase POST PURCHASE then NO ONE should every use PCLN (hmm can they change your hotel from one side of town to another? even if you have made plans to have mtgs at that hotel post purchase) and plan to do anything on the days of travel except travel (and I would bet even PCLN would not find that a good consumer proposition).

[This message has been edited by 200 ngts/ 200 legs/year (edited 08-26-2002).]

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by 200 ngts/ 200 legs/year:
...

If PCLN truly retains the right to change a purchase POST PURCHASE then NO ONE should every use PCLN (hmm can they change your hotel from one side of town to another? even if you have made plans to have mtgs at that hotel post purchase) and plan to do anything on the days of travel except travel (and I would bet even PCLN would not find that a good consumer proposition).

</font>

Priceline cannot change your flights. The airline does that. And this is not a three day notice of change, it's a regular fall schedule change plus more cuts due to Chapter 11 filing.

Regarding hotels, same thing. Priceline cannot change your hotel, but the hotel could sell out when you show up. It's rare, but that can happen regardless of the distribution channel.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by JS:
Priceline cannot change your flights. The airline does that. </font>

Right, and as I understand the issue, the airline offered a refund of the fare due to the schedule change. The issue is that PL refuses to accept the airline's offer.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by JS:
Priceline cannot change your flights. The airline does that. And this is not a three day notice of change, it's a regular fall schedule change plus more cuts due to Chapter 11 filing.

Regarding hotels, same thing. Priceline cannot change your hotel, but the hotel could sell out when you show up. It's rare, but that can happen regardless of the distribution channel.</font>

JS-- I am not interested in flaming you but as said earlier in this thread you appear to work for PCLN as you have now stated facts that I can not find in this thread.

How do you know
1) When the 2nd change occurred?
2) Why the 2nd change occurred?

Am I just missing it above (more than possible)?

If your facts are correct (and maybe I missed it somewhere in this thread), then my original contention (see above) is valid and PCLN does not value this customer. The airline deemed the change significant enough to offer a refund (via their agent--PCLN) but PCLN will not offer that same to their customer.

No question that PCLN is just an agent but they still have a responsibility to either deliver what was purchased (or a reasonable replacement) or cancel the purchase and refund the money (again pending some strange T&C's on their site as it appears that their supplier is willing to refund their money).

WRT Hotels we have all been "Walked" when we arrive late and a hotel is sold out but that is very different than being told the day before you travel that your hotel is in another location. I sure hope that PCLN does not have that power in their agreement with the customer.

PCLN has its place and is valuable, I was not debating that. But lets not apologize for customer service problems or worse without full facts. (again please advise me if I missed some facts above).

Also this still will not sit well with the CC company if the cardholder has stated all the facts above.

See next post for relevant text extracted


[This message has been edited by 200 ngts/ 200 legs/year (edited 08-26-2002).]

[This message has been edited by 200 ngts/ 200 legs/year (edited 08-26-2002).]

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by B747-437B:
[B]

A few days before I was due to leave, US Airways cancelled my outbound flights as well and offered to rebook me on other flights during the day. Unfortunately, due to other appointments that I had scheduled around the original flight times, we could not find any acceptable alternatives. US told me that they were willing to refund the ticket as a result, but that I would have to go through priceline.

B]</font>


I have extracted the relevant quote above for JS to address.

No where in here does it say why the 2nd change was made AND it appears was made within days of travel.

Those interested should read the whole post/thread to get the context.

I read Sean's post regarding the flight cancellation back when he first wrote it, but I had since forgotten that it was only a few days prior to departure. Sorry about that. But I still believe Priceline is holding up their end of the contract. I suppose at this point, without a court judgment, this is a difference of opinion.

But I swear I do not work for Priceline!

JS-I will settle for difference of opinion on if PCLN is within their rights to do what they did based on their business model, T&Cs, and facts as laid out (again not what some customer service hourly employee decided). http://www.flyertalk.com/travel/fttravel_forum/smile.gif

However, I would like your personal opinion on quality of customer service (assume you are right and PCLN is within their rights) delivered here? and if that makes you want to do more business with PCLN (my answer is no way for flights but for different reasons).

Also it will be more interesting to see how the CC company handles this. I suspect they will Credit the customer (and btw my somewhat informed information is that they get that money from the merchant- PCLN if they do that).

Cordelli is right.

The airline has its own standards as to what constitues a significant enough schedule change to refund a ticket.

However, you don't buy your ticket directly from the airline - you buy it from Priceline, which has its own terms and conditions. Those terms and conditions supersede the airline's to the extent they're inconsistent.

Priceline promises only to provide you with transportation during the agreed-upon hours in the day you wish to travel. Therefore, Priceline is within its rights to refuse to refund a ticket if they airline can get you there during that time. By their reckoning, as long as the airline can provide you with ANY flight on the day in question, with the maximum layover time they promise and so forth, they've done their part, regardless of whether the airline would have refunded you if you had bought the ticket directly. Wideman is incorrect when he says that "the airlines make it impossible for Priceline to fulfill their commitment" - Priceline's commitment is only to get you there on the agreed upon day. You take the risk of getting an inconvenient schedule.

However, non-refundable does not mean totally nonrefundable. If Priceline cannot provide you with transportation within the agreed upon parameters (i.e., on a different day, or in non-peak hours if you haven't accepted that option, or with a longer layover than Priceline's maximum), then you're entitled to a refund. JS far overstates the case for non-refundability.

BeantownDisneyFan, I'm afraid you're out of luck.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by chazas:

However, non-refundable does not mean totally nonrefundable. If Priceline cannot provide you with transportation within the agreed upon parameters (i.e., on a different day, or in non-peak hours if you haven't accepted that option, or with a longer layover than Priceline's maximum), then you're entitled to a refund. JS far overstates the case for non-refundability.

</font>

Actually, I agree with you that if no flight is available on the requested date, you are due a refund. Earlier I wrote "... It's the same day of travel originally agreed upon" (sorry, buried in the middle of the thread).

My, this thread has taken on an interesting life.

I did pick-up a piece of valuable advice, and have contacted the BBB, in addition to initiating a dispute with my credit card company.

The lesson learned for me: additional cost has a value. When a credible company (good values, talented leadership, repect for the customer, etc.) offers good value, that's a bargain. When a company like Priceline offers a lower price alternative, that's no bargain.


[This message has been edited by BeantownDisneyFan (edited 09-01-2002).]

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by cordelli:

You purchased a set of flights, without knowing what the flights would be. You can't turn around and say new flights wouldn't be acceptable to you because of flight times, when you didn't know what they would be before you purchased them.</font>

Cordelli, I have to agree with 200 ngts here.
Here's a quote from the Priceline Help section for airline tickets: "Once priceline tickets are purchased, they cannot be cancelled or changed by priceline or the airline that accepts your offer". That's pretty plain English to me.
There have been reports of airlines shifting Priceline passengers off heavily booked flights onto ones with light loads for their own benefit near the flight date with the explanation to the passenger that "Well, you agreed to fly anytime between 6 AM and 10 PM". Unless my original flight had been cancelled, if they tried this with me I would dispute the charge.

In no way can priceline keep the money when the carrier changes the flight. There is something in the airline industry called conditions of carriage that includes rule 240 that addresses changes in service, specifically addressing schedule changes.

You are entitled to a refund. If Priceline refuses the Department of Transportation might be interested in knowing that priceline believes it can invalidate US Airways conditions of carriage.

It seems that everyone is forgetting the the airline refunded the purchase price to Priceline. Therefore, Priceline needs to refund it it back to the customer.

While I understand PL's hard line re. it's rules,I can't understand why they sometimes don't see the big picture. Ask most "average" travelers why they don't use PL.They will probably tell you about a "horror story" they heard re. PL. There are times when "giving in" creates good will.This is one of those times.

People who support Priceline's nonrefund policy should realize that most tours, car rentals, or even hotel bookings also cannot be cancelled. If you make plan to catch a tour AFTER you have the Priceline ticket, would it be fair to get a call at the airport or the night before telling you the flight is cancelled or changed?

The "anytime of the day" agreement is for BEFORE purchase. Now the contract is signed by the ticket purchase, you enter ANOTHER agreement.

Think about this, a used car dealer can offer "any car made in 1990" deal. You pick the year and make, and they find you a car. Once the sales contract is signed, you then went to buy some accessories for a Cavalier. Then the day before you went to pick up the car, after the purchase contract is SIGNED, the dealer gives you a Civic. Is this right? How about all the stuff you bought for your car, especially if they are not refundable? The car purchase agreement was already decided at the time of charging the payment. It is determined and agreed. It's then either that deal or no deal.

Priceline customers (JS especially) should understand this, this is your right. The agreement discussed here is different at different stages of the game!
It's the same thing as

I've had almost the same problem happen to me with a past Priceline itinerary. USAirways significantly altered the flight schedule about a month after I won the bid on Priceline. They worked with me to find alternate routes but were unable to find anything close to the original schedule and agreed I should be issued a refund.

I contacted Priceline but they refused to issue a refund. I ended up writing a complaint to the BBB and about 2 weeks later I received a phone call from someone in Priceline's executive offices. They agreed I should receive a refund and apologized. A few days later I had the refund.

Keep fighting. I no longer use Priceline for flights because of this risk, but still find it useful for Hotels.

Mike

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by mpeter:
I've had almost the same problem happen to me with a past Priceline itinerary. USAirways significantly altered the flight schedule about a month after I won the bid on Priceline. They worked with me to find alternate routes but were unable to find anything close to the original schedule and agreed I should be issued a refund.

I contacted Priceline but they refused to issue a refund. I ended up writing a complaint to the BBB and about 2 weeks later I received a phone call from someone in Priceline's executive offices. They agreed I should receive a refund and apologized. A few days later I had the refund.

Keep fighting. I no longer use Priceline for flights because of this risk, but still find it useful for Hotels.

Mike</font>

I think the management of their airline division is slowly digging itself an early grave with their lack of customer service and lack of common sense. It shouldn't take a letter from the BBB in the situation outlined above for them to refund the money. In the long run the bad PR they are generating out of their pettiness and refusal to be reasonable is going to cost them much, much more than if they had just done the right thing in the first place.
But, then again these are the same guys that recently had a promotion where they would pay $25 if they could not beat any fare quoted on Orbitz, Travelocity, or Expedia fare by $10. Who in their right mind would give up frequent flyer miles, choice of airline, and choice of departure time, plus possibly add an unnecessary time-consuming connection (complete with added PFC's and segment taxes that could more than eat up the "savings") to save a mere $10?

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by MoreMiles:
People who support Priceline's nonrefund policy should realize that most tours, car rentals, or even hotel bookings also cannot be cancelled. If you make plan to catch a tour AFTER you have the Priceline ticket, would it be fair to get a call at the airport or the night before telling you the flight is cancelled or changed? </font>

It's not a good idea to schedule an arriving flight and departing cruise on the same day with published fares. Using Priceline, that would be a very bad idea. If you get an airline ticket through Priceline and then schedule a cruise departing the same day, that's your risk.


<font face="Verdana, Arial, Helvetica, sans-serif" size="2">The "anytime of the day" agreement is for BEFORE purchase. Now the contract is signed by the ticket purchase, you enter ANOTHER agreement.</font>

I'm no lawyer, but I would surmise that only one contract is formed, and that contract is created at the instant you submit your credit card number. How can there be a second agreement if you never get a chance to agree to the chosen schedule? A contract requires agreement on both sides, not just one.



<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Think about this, a used car dealer can offer "any car made in 1990" deal. You pick the year and make, and they find you a car. Once the sales contract is signed, you then went to buy some accessories for a Cavalier. Then the day before you went to pick up the car, after the purchase contract is SIGNED, the dealer gives you a Civic. Is this right? How about all the stuff you bought for your car, especially if they are not refundable? The car purchase agreement was already decided at the time of charging the payment. It is determined and agreed. It's then either that deal or no deal.</font>

Just like tight scheduling around a Priceline ticket, this is also the customer's fault. What kind of idiot would buy car accessories without having the car yet?

Moremiles, I'd venture to guess you're not a lawyer.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">People who support Priceline's nonrefund policy should realize that most tours, car rentals, or even hotel bookings also cannot be cancelled. If you make plan to catch a tour AFTER you have the Priceline ticket, would it be fair to get a call at the airport or the night before telling you the flight is cancelled or changed? </font>
It's not an issue of "fairness," it's a matter of what your contract with Priceline says.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">The "anytime of the day" agreement is for BEFORE purchase. Now the contract is signed by the ticket purchase, you enter ANOTHER agreement.</font>

There's only one contract.

<font face="Verdana, Arial, Helvetica, sans-serif" size="2"> Think about this, a used car dealer can offer "any car made in 1990" deal. You pick the year and make, and they find you a car. Once the sales contract is signed, you then went to buy some accessories for a Cavalier. Then the day before you went to pick up the car, after the purchase contract is SIGNED, the dealer gives you a Civic. Is this right? How about all the stuff you bought for your car, especially if they are not refundable? The car purchase agreement was already decided at the time of charging the payment. It is determined and agreed. It's then either that deal or no deal. </font>

In your example, the buyer got to pick the car under the terms of the agreement. Of course the dealer couldn't change the buyer's choice if that wasn't provided for in the agreement. But what if instead the contract was, buyer, you get any car made in 1990, dealer's choice, delivery to occur on a date a month in the future. If dealer tentatively identifies a Cavalier, but then the Cav is totalled before the delivery date, dealer could substitute whatever it wanted, so long as it was made in 1990. It would be your problem for having bought accessories in advance. That's how Priceline's deal works.

If you're able to pressure Priceline into a refund by making a bunch of noise, congrats on successfully working the system. But technically, you've gotten away with something.

Personally, it's not very often I would be able to live with restrictions like this, so I don't buy air travel on Priceline.

Did no one (especially those who continue to claim that Priceline is correct) read dogcanyon's definitive post a few days ago?:

<font face="Verdana, Arial, Helvetica, sans-serif" size="2">
Here's a quote from the Priceline Help section for airline tickets: "Once priceline tickets are purchased, they cannot be cancelled or changed by Priceline or the airline that accepts your offer".</font>

Do the crack legal minds (JS, chazas, maybe others) waving the Priceline flag have a response to dogcanyon?

pssst: Don't even think about suggesting that info from Priceline on their web site isn't part of the contract or terms & conditions, or that the info is a scrivener's error.

Yes, Wideman, I have read that. In my crack legal opinion, there is an implied word "voluntary" there. You cannot call Priceline and say "I want to change, or I want to cancel my flight", nor can you call the airline and make such a voluntary change. Just my opinion!

Actually, that's an interesting point. The language of the help is ambiguous because of the passive voice ("cannot be changed by Priceline"). I read the phrase to mean "Priceline cannot choose to change...," and JS reads the phrase to mean "You cannot ask Priceline to change..." I'd suggest that either reading is reasonable.

If this were a court, one might argue persuasively that Priceline wrote the ambiguous information, and that ambiguous portions of a contract are construed against the party who prepared the contract and ambiguous text. However, this isn't a court. So, the real lesson is that the passive voice is to be avoided.

Err, I mean you should avoid the passive voice whenever possible.

Excellent point, wideman.