FlyerTalk Forums - View Single Post - [PREM FARE GONE] UA: NCL-EWR 600 DKK (mistaken fare) DOT ruled; see wiki for link
Old Feb 14, 2015, 4:19 pm
  #3809  
deissi
 
Join Date: Jun 2014
Location: HEL
Programs: AY+ Gold (OWS)
Posts: 528
Originally Posted by dilanesp
The problem with that argument, simply speaking, is that you are assuming that a non-discrimination rule guarantees you equal access to gross mistakes, as opposed to equal access to the actual intended price of a product.

I highly doubt that anyone in the relevant regulatory agencies is going to see the issue the way you see it. But I wish you luck nonetheless.
I'm inclined to agree with this. Most, if not all, European countries (at least civil law countries) follow the abuse of rights doctrine. According to the doctrine, the law cannot be used for a malicious purpose or in bad faith. Therefore, one may not exercise the fundamental TFEU right to buy a service in Denmark, if the sole purpose for doing so is to take advantage of United's clear mistake. I don't think anyone can argue that the mistake wasn't clear.

Due to this (and the fact that EU law on mistake pricing in general is pretty clear; clear mistakes do not have to be honored), I would not hold my hopes up on getting the €600 based on EU261.

That being said, I am holding my hopes up with the DOT, as I have seven of these trips booked.

EDIT: I should add that the $1.5k fares to Australia are a whole different ball game. $1.5 k is something that could be considered an excellent deal rather than a mistake fare. However, since these fares represent the vast minority of bookings, the question isn't really that interesting.

Last edited by deissi; Feb 14, 2015 at 4:25 pm
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