F SYD to LHR for A$5745 return!!!
#61
Join Date: Aug 2008
Location: LHR
Programs: BAEC GGL & CCR / QF LTG
Posts: 829
An invitation to treat
I've recently had this argument about incorrect prices on web sites (it was in reference to the Linksys router selling at 10% of the RRP - here). Dell do not issue an invoice saying your order has been accepted and paid.
Best Flights state in their terms and conditions:
"Although every care has been taken the prices are not guaranteed until paid in full and documents have been issued."
While Best Flights have made an "invitation to treat" with their price, the contract of sale does not occur until both parties have accepted the offer. According to Best Flights this does not occur until paid in full and documents issued. From what I have read this does seem to have occured if you have been issued an e-ticket "documents" and a receipt "payment".
The ACCC expands further on this here.
In any case, QF are under no obligation as they did not make the offer to the OP.
Jase.
Best Flights state in their terms and conditions:
"Although every care has been taken the prices are not guaranteed until paid in full and documents have been issued."
While Best Flights have made an "invitation to treat" with their price, the contract of sale does not occur until both parties have accepted the offer. According to Best Flights this does not occur until paid in full and documents issued. From what I have read this does seem to have occured if you have been issued an e-ticket "documents" and a receipt "payment".
The ACCC expands further on this here.
In any case, QF are under no obligation as they did not make the offer to the OP.
Jase.
Last edited by Jase76; Nov 7, 2009 at 4:38 am Reason: Spelling
#62
FlyerTalk Evangelist
Join Date: Apr 2002
Location: SYD
Programs: QF WP/LTG | UA P
Posts: 13,530
Ensure you get comments in writing (email) from BestFlights. I simply don't trust them from being burned either with false promises or through being ignored.
#63
FlyerTalk Evangelist
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,405
While Best Flights have made an "invitation to treat" with their price, the contract of sale does not occur until both parties have accepted the offer. According to Best Flights this does not occur until paid in full and documents issued. From what I have read this does seem to have occured if you have been issued an e-ticket "documents" and a receipt "payment".
The ACCC expands further on this here.
In any case, QF are under no obligation as they did not make the offer to the OP.
Jase.
The ACCC expands further on this here.
In any case, QF are under no obligation as they did not make the offer to the OP.
Jase.
For example, in the OPs case I am wondering if there may be an argument that the contract could be voided because of mistake. (However, this may not necessarily absolve liabilities under deceptive and misleading advertising...)
So a complex case.
#64
Join Date: Jan 2005
Posts: 965
A contract exists because their was a meeting of the minds over a specific product and price with the exact details agreed to.
The seller in this case is breaching the contract - the compensation should be a refund. I believe you should also be able to go after QF as somebody selling the ticket ON THEIR BEHALF acted in error. Unless they have a clause to get out but it is unlikely. It won't work for me selling you a ticket because I am not an agent and it is not a role of mine to sell tickets.
I have to write a contract law exam tomorrow.
The seller in this case is breaching the contract - the compensation should be a refund. I believe you should also be able to go after QF as somebody selling the ticket ON THEIR BEHALF acted in error. Unless they have a clause to get out but it is unlikely. It won't work for me selling you a ticket because I am not an agent and it is not a role of mine to sell tickets.
I have to write a contract law exam tomorrow.
#66
Join Date: Feb 2008
Location: Sydney, Australia
Programs: Qantas Silver, Velocity Gold, Etihad Gold, Hhonors Gold
Posts: 126
What has Qantas got to do with this? So if you went to a car dealer and agreed to purchase a luxury car, yet they order in a little crap box, the car manufacturer is liable? Because this is the same scenario... Qantas makes available R class fares for sale as premium economy, yet Best Flights is telling customers its an First class fare. Its no ones fault but Best Flights.
#67
Join Date: May 2006
Programs: Hertz PC, QF Plat, Velocity Gold, HHonors Gold, SPG Gold
Posts: 2,803
A contract exists because their was a meeting of the minds over a specific product and price with the exact details agreed to.
The seller in this case is breaching the contract - the compensation should be a refund. I believe you should also be able to go after QF as somebody selling the ticket ON THEIR BEHALF acted in error. Unless they have a clause to get out but it is unlikely. It won't work for me selling you a ticket because I am not an agent and it is not a role of mine to sell tickets.
I have to write a contract law exam tomorrow.
The seller in this case is breaching the contract - the compensation should be a refund. I believe you should also be able to go after QF as somebody selling the ticket ON THEIR BEHALF acted in error. Unless they have a clause to get out but it is unlikely. It won't work for me selling you a ticket because I am not an agent and it is not a role of mine to sell tickets.
I have to write a contract law exam tomorrow.
You are going to need it based on this post!
A "meeting of the minds" = A contract
#68
Join Date: May 2008
Location: SIN / SYD
Programs: QF WP/LTG
Posts: 499
What BF offered on their website is an invitation to treat (Boots Pharmaceutical I'm sure you're well aware of). I strongly doubt that any contract has been formed between OP and BF. As previous poster has mentioned, I doubt you'll get anything more than a refund.
#69
Join Date: Jan 2005
Posts: 965
A meeting of the minds is a term often used to describe when the intentions of both parties are agreable to one another. The common understand here is that the OP would provide A$5745 and company X would provide an F ticket.
In this case a contract has been reached. By failing to provide the OP with a F flight on Qantas they are in breach of contract. The best he will get is a refund and maybe a sorry.
I am under the impression that the OP has paid and received a confirmation from the seller about the ticket. They have acknowledged receipt of his monies and in return provided him with an e-ticket and confirmation.
Last edited by 747-444; Nov 8, 2009 at 5:38 am
#70
FlyerTalk Evangelist
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,405
A contract exists because their was a meeting of the minds over a specific product and price with the exact details agreed to.
The seller in this case is breaching the contract - the compensation should be a refund. I believe you should also be able to go after QF as somebody selling the ticket ON THEIR BEHALF acted in error. Unless they have a clause to get out but it is unlikely. It won't work for me selling you a ticket because I am not an agent and it is not a role of mine to sell tickets.
The seller in this case is breaching the contract - the compensation should be a refund. I believe you should also be able to go after QF as somebody selling the ticket ON THEIR BEHALF acted in error. Unless they have a clause to get out but it is unlikely. It won't work for me selling you a ticket because I am not an agent and it is not a role of mine to sell tickets.
Well you see that's the issue - did they agree over a specific product? And what is that specific product?
Did they agree over an R class ticket? Yes.
Did both parties think they were selling and buying a First class ticket? Probably not.
Did the buyer honestly believe they were buying First class for AUD5000 odd? That's not inconceivable if there was a 2-for-1 deal or something - especially in these days of fare cuts. But there should have been a question over the correctness of the fare - it was way too low for first class on QF.
Did Bestflights actually think they were selling a First class ticket? I doubt it.
Just because there appears to have been offer and acceptance and consideration does not mean that there is a contract.
Are there other avenues open under ACCC guidelines? I don't know.
If there has been a breach of contract, why would the best form of compensation be a refund? Why would the OP not seek specific performance?
Regards
lme ff
#71
Join Date: May 2006
Programs: Hertz PC, QF Plat, Velocity Gold, HHonors Gold, SPG Gold
Posts: 2,803
#72
Join Date: Jan 2006
Location: OOL Australia
Programs: QFF (Gold), Skywards, Rapid Rewards,United, Velocity, Hilton Silver
Posts: 2,440
#73
Join Date: Sep 2002
Location: BNE, Australia...not too far from the nearest Qantas Pub err Club
Posts: 3,636
[mod hat]
FT isn't jurisprudence 101...
I'm sure the OP can PM me once they have a resolution from Bestflights (either way). Then perhaps we can unlock this thread.
[/mod hat]
FT isn't jurisprudence 101...
I'm sure the OP can PM me once they have a resolution from Bestflights (either way). Then perhaps we can unlock this thread.
[/mod hat]
Last edited by willyroo; Nov 8, 2009 at 4:58 pm
#74
Original Poster
Join Date: Jul 2006
Location: Sydney, Australia
Programs: QF*WP QF*LTG
Posts: 109
Thanks for reopening the thread willyroo...
So after many coversations with Bestflights and one with Qantas I finally got some kind of response from Qantas.
I was offered a $500 travel voucher for each of our tickets. Qantas still does not take any responsibility for tickets and according to Bestflights they are the ones having the commitment for honouring my tickets. I did believe Bestflights whn they repeatedly told me the tickets were still in the system as F and that they believe Qantas have to honour these.
Now Bestflights are not returning my calls and I have decided to take legal action against them, as they are according to my lawyer liable to me and must honour the tickets.
So there you go - 6 weeks has passed and Qantas tried to shut me up with 2 travel vouchers.
What do you guys think?
Thanks!
Thaigold