FlyerTalk Forums - View Single Post - [PREM FARE GONE] UA: NCL-EWR 600 DKK (mistaken fare) DOT ruled; see wiki for link
Old Feb 13, 2015 | 11:58 am
  #3546  
scibuff
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Join Date: Jul 2013
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Posts: 613
Originally Posted by IAN-UK
I agree it's a stinker of a response!

But in (most) European courts the test is not how the mistake arose, but if the ticket was bought in good faith. The court simply recognises that mistakes happen, and the essential test is whether the consumer knew, or should have known, that a mistake had been made. If the court believes the passenger was knowingly profiting from a mistake, then its likely to allow the airline to walk away from the affair.
Yes, courts in Germany an Austria have ruled on this before. Basically, if the price is obviously a mistake, e.g. 5-10% of the regular fare, the courts agreed that the customers must/should have known. In that regard a 1,200 EUR business class to Sydney has a decent chance in EU courts, whereas 80 EUR first/business to US has absolutely no chance.
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