In the Clerkenwell and Shoreditch County Court
Number CIQZ5241
Thursday July 4th, 2016

District JUDGE BELL

RADOSLAW MICHALAK (claimant)
V
BRITISH AIRWAYS PLC (defendant)

The CLAIMANT appeared in person.

MISS E. McCREA-THEAKER (instructed by counsel, DLA Piper) appeared on behalf of the defendant.

The JUDGMENT is as follows

The DISTRICT JUDGE:
1. This is my judgement in the claim by Mr Michalak against British Airways PLC. It arises out of a booking placed by the claimant on August 29th, 2015 through the British Airways website when he purchased two ticket for flights from Warsaw to London Heathrow on February 7th, 2016 in Club Europe; flights then from London Gatwick to St Lucia on February 8th, 2016 in First Class, and; a flight from London Heathrow to Warsaw on February 15th, 2016 in Club Europe.

2. The price the claimant charged and paid considerably lower than the price that British Airways states was the correct price. British Airways has calculated that it was 72% cheaper than the actual fare or 66% cheaper than the total price inclusive of taxes and charges. British Airways states that the position arose because there was an error on their website and on the uploading of ticket prices between August 27th and August 30th, when prices were mistakenly or incorrectly published. British Airways argues that the contract is void on the basis of mistake.

3. While the claimant did not file a witness statement in advance of this hearing, he has given evidence today and has been cross-examined on the circumstances of the booking last October. It emerged during his evidence that he had been informed by a friend via Facebook Messenger about the availability of these tickets, although we do not have a copy of that Facebook message.

4. He then said the looked on to the flyer talk forum for comments regarding the deal and went to the British Airways website and booked the tickets, and that they were subsequently cancelled.

5. Through the course of his evidence it is clear that he is someone who keeps abreast of potential deals and forums on flights. By his own evidence he is a frequent flyer and willing to avoid direct routes to obtain a better deal in terms of the means of carriage (ie. traveling in a premium class). For example, he has taken up a recent offer by British Airways to fly Dublin to London City and then on to New York.

6. The claimant’s evidence was that in late August the forums were indicating that this deal was not an error by British Airways and referred to one user having confirmed the position direct with the airline.