FlyerTalk Forums - View Single Post - 2014 UA Issued Awards on Air China (CA) Are Mysteriously Being Canceled (Hacked?)
Old Apr 21, 2014, 10:50 am
  #417  
DaviddesJ
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Join Date: May 2011
Location: SFO
Programs: UA 1K
Posts: 1,961
Originally Posted by alex_b
That isn't the way the UK law - S75 of the Consumer Credit Act - works (as I understand it). The credit card company is jointly and severally liable for breach of contract or misrepresentation by the supplier. Now I'm not sure if similar statutes exist in the US or if a breach of contract claim could be made out in these circumstances; however if it could, specific performance rather than refund would be a possible outcome.
I'm sure the law isn't like this in the US, but even if it were, I don't see how it helps. It's helpful to the customer in the case of insolvency of the merchant. But UA is not insolvent, any remedy that you could pursue against your credit card issuer you could also pursue directly against UA. If you could get a court to order specific performance against the credit card company then it would be equally easy (i.e., likely impossible, in a few weeks for a cancelled trip worth a few thousand dollars, and in any case would cost more in legal fees than the value of the trip) to get a similar order against UA.
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