Originally Posted by
strichener
It is impossible to know that it was a mistake.
I am sure that there are hundreds of fares that are filed incorrectly and that people will book these, sometimes thinking they are a mistake and at other times being completely unaware. It is only when the airline deems it to be a mistake does anyone know this to be the case. I am sure that when BA file a fare for a flight that is a few hundred pounds higher than it was supposed to be that there is no contact with the customer claiming mistake and cancelling the flights to allow them to be purchased at the lower *correct* fare.
If you look at the Viking fares; if BA had not owned up to the mistake and just honoured them anyway, could anyone claim to know that it was a mistake.
IMHO, I think the point for the court is that "beyond a reasonable doubt". Not knowing KARFAs exact travel patterns, but having met him once at a DO, and avidly reading his posts, one can safely say that he is an experienced traveller. Even if I never booked one of the Viking/Bratwurst/Tequila fares, since I knew they were mistakes after reading about them, I think that "warnings" were sent out after the Viking fares (we will honor these but bla bla).
Having met the BA Chief Legal officer at a GGL event, and casually making a joke about that they must be busy, I got the impression that they will not be treating abusers kindly going forward (n.b not saying that KARFA is an abuser), but as it says in the thread, they seem to be quite happy to throw legal resources at it, and have since tightened their fare sale controls.
In KARFAs case, I would personally be careful. Think it would be pretty east for BA to get his travel patterns, which would certainly be admissible in court, and argue that he knows what fares should be priced at. Again, just my opinion, but have a feeling BA won't take this laying down, and again, IMHO, nor should they...
