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.
"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".
I am still waiting to get the matter solved however have had phone calls back from Bestflights ensuring me they are working on this. I should have final outcome next week. They have been very good in getting some information to me...
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.
Programs: QF Plat, LH, Icarus Silver (yup - that's Olympic - only until 30 Sept 09 then OA in liquidation!!)
Posts: 1,845
Quote:
Originally Posted by Jase76
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".
In any case, QF are under no obligation as they did not make the offer to the OP.
Jase.
ACCC makes the point that there is a complex relationship between contract law and deceptive or misleading conduct.
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...)
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 believe you should also be able to go after QF as somebody selling the ticket ON THEIR BEHALF acted in error.
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.
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.
I really wish you all the luck for the contract law exam
A contract exists because their was a meeting of the minds over a specific product and price with the exact details agreed to.
If you are going to do a contract law exam tomorrow, and you think that a 'meeting of the minds' is the only pre-requisite for a contract forming, then I think I'd get off FT and do some more studying.
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.
I really wish you all the luck for the contract law exam
You are going to need it based on this post!
A "meeting of the minds" = A contract
I didn't say a meeting of the minds is a contract - I said according to the OP a meeting of the minds took place.
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.
Programs: QF Plat, LH, Icarus Silver (yup - that's Olympic - only until 30 Sept 09 then OA in liquidation!!)
Posts: 1,845
Quote:
Originally Posted by 747-444
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.
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?
