Originally Posted by
ONTRandy
You made a critical point earlier, that is an inconvenient truth for some, that has been glossed over. IF (and it's a big "if") DOT rules in favor of UA and someone does elect to proceed with civil action against UA, hypothetical reasons for a behavior won't matter. Under oath, they will be asked why they actually engaged in the particular conduct they engaged in, in this particular case.
"How did you find out about this price?"
"Have you booked in DKK before?"
"Why did you book in DKK for this particular ticket?"
That said, I think DOT will be trying to find a way to simultaneously preserve protections it had in mind with the regulation, provide incentive to carriers to deploy industry/commercially reasonable technology systems to prevent presenting pricing errors, while disinsentivizing gaming of systems in order to obtain a pricing error. So, it will be fascinating to read their analysis and rational for whatever ruling they make.
A slippery slope. Say the deal was only available to those with Firefox browsers. Would they then ask.
"How did you find out about this price?"
"Have you booked using a Firefox browser before?"
"Why did you book with a Firefox browser when you normally use IE?"
Do you see how absurd these types of arguments are? Does that then mean that only those who had booked in DKK in the past would get to fly? What if someone said 'I heard it was a sale only in DKK. I actually hadn't done the conversion from DKK to USD, but I heard it was a great deal so jumped on it.' Since he didn't "know" for certain it was a complete mistake fare, does that mean he gets to fly?
I keep saying...its a dead argument.