Originally Posted by
number_6
I think an Australian court would hold:
1. the airline does not sell a "fare basis" but a "class of travel" and that this was unambiguously sold as "First Class". The "fare basis" is not a part of the Coc but is for the administrative convenience of the airline.
2. the travel agent is an agent for the airline, and the airline is ultimately responsible for the actions of it's agents.
1. A simplistic argument but wrong.
2. No the airline is not necessarily responsible for the actions of an agent. You may be confused with liability in the master and servant scenario. Although the argument becomes complex when you examine what is the agent's authority.
Last edited by Lonely Flyer; Dec 22, 2009 at 11:28 am