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DOT May 8, 2015 Notice: Enforcement Policy Regarding Mistaken Fares

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DOT May 8, 2015 Notice: Enforcement Policy Regarding Mistaken Fares

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Old May 16, 2015, 8:47 am
  #106  
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Originally Posted by Server
It simply makes it more difficult to handle. If any airline wants to go into a battle over a first class, maybe business class seat then be my guest they can. Could they still win? Of course, there's a possibility for both sides. Would they want to be dragged out over a number of factors and for them to prove bad faith in a situation and then have to refund each and everyone's reasonable expenses? Probably not.

The regulation sounds like it's in favour of the airlines. However, considering the amount of work for them to prove bad faith, still have to go through DOT if someone makes the complaint, and process perhaps hundreds of refunds for expense? I'm sure they would have done better on most stances with the older regulations to save time and money spent on their customer service agents.
Swiss did pretty well with the Canadian Transportation Agency on the Rangoon Round 3 fares. The CTA accepted it was a case of mistake.

I wouldn't doubt airlines might go down that path again if the potential losses were there, and if they can show purchasers were in 'bad faith' (DOT terminology) I think they would also have a good case for avoiding compensation as expenses incurred might not be 'reasonable' in the circumstances.
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Old May 16, 2015, 9:30 am
  #107  
 
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Originally Posted by LHR/MEL/Europe FF
Swiss did pretty well with the Canadian Transportation Agency on the Rangoon Round 3 fares. The CTA accepted it was a case of mistake.

I wouldn't doubt airlines might go down that path again if the potential losses were there, and if they can show purchasers were in 'bad faith' (DOT terminology) I think they would also have a good case for avoiding compensation as expenses incurred might not be 'reasonable' in the circumstances.
From what I recall there were problems with tariffs and pricing conversions for currencies (correct me if I'm wrong, I was not here on that issue and it's slightly confusing trying to read through the history). I would definitely understand if it was the UA 50USD First class Denmark issue. The consumer acting in bad faith by purposely routing themselves through the site and bad addresses.

However, anything short of that (genuine address, airfare adds up, nothing regarding the user on the site to purposely manipulate the system) would sound quite difficult to say they acted with intent and a purpose. A non-reasonable expense of the Hyatt Regency penthouse suite booked 10 minutes straight away would make for a more obvious case.

I just see the intent of DOT trying to prevent people from manipulating the system (site and fuel dumps). Things similar to the AA 450$ fare seem like they wouldn't care very much as to tell the airline "tough noodles" and honour the fare.
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