FlyerTalk Forums - View Single Post - Which? Magazine investigating cancellation of flights after missed first leg
Old Dec 10, 2018 | 7:28 am
  #25  
Worcester
 
Join Date: Sep 2014
Location: Brexile in ADB
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Originally Posted by NickB
This is not what LH do and this would not have satisfied the ruling in the Court in the case concerned. What LH booking conditions say is that, if you skip a flight, the fare will be recalculated on the basis of the flights actually flown.

In the case, the court had found that cancelling subsequent flight segments when a segment is not flown constituted an unfair term. The court did recognise, however, that the airline had a legitimate interest in protecting its fare structure. Thus repricing in the light of the itinerary flown might be OK but automatic cancelling of subsequent segments would not be.

The hypothesis of a flight being missed due to events outside the passenger's control adds another twist to the issue and there is an arguable case that repricing in that situation would also be unfair.
What though is interesting is if the argument about repricing is judged to be not legal. I am struggling to think of another service where not taking the entire service requires an upwardly adjusted price. It could well be argued that this city-specific price discrimination is anti competitive.
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