FlyerTalk Forums - View Single Post - German district court rules in favor of pax in hidden city case
Old Feb 26, 2019, 1:59 pm
  #85  
Nic33
 
Join Date: Sep 2016
Location: CH
Programs: LX SEN
Posts: 899
Originally Posted by c1ue
I see a lot of discussion of legality, fair enough.
What I am surprised by is the lack of discussion of security. Or that the German government (or some other) didn't weigh in.
One of the dastardly uses for connecting tickets, particularly where boarding a flight does not require a check of ID, is enabling people to go to places undetected.
Person A buys a ticket in X for destination Z or to X from anywhere else but desires to arrive in destination Y.
Person B buys a ticket to destination Y that connects through X. They meet up in the airport - Person A leaves and Person B takes the Person A boarding pass to Z.
Frequent usage of hidden city destinations makes finding this practice significantly more expensive and difficult.
I am fairly sure the hidden city prohibitions are not explicitly to prevent this practice, but it is a consequence.
On the legality side:
The question I do not see posed or answered is whether Lufthansa has the right to see that its services are used in the way Lufthansa deems acceptable.
That's the real question: would Lufthansa be required to enable a practice which clearly is against its intended business practices?
Certainly I understand that the customer has rights too - but it seems odd to be indignant in favor of a customer asserting their rights while also having intent to abrogate the terms of the sale. While I'm not a lawyer, I do wonder if fraudulent intent invalidates at least some customer rights.
Proponents of LH's position fail to understand the absurdity of their claim. I will try to demonstrate why to support LH's position follows no logic by taking an example of my flight in 2 weeks.

I have booked a cheap non flexible fare for a business trip. I am not sure whether I will be able to fly. My view is that I can buy a cheap, non flexible ticket and choose not to fly, as I am in no obligation to use the service that I paid for.

Proponents of LH's position will state that I should have bought a flexible ticket. Okay. So LH should claim against me that I must have bought a flexible ticket. I am fine with that: LH claims that I should have bought a flexible ticket, but, at the same time, must reimburse it to me, as I chose not fly.

With other words, if LH claims that customers must pay according to their intended flight itinary, they should not be able to charge customers who purchase non flexible tickets and fail to fly, as, according to LH, those customers should have bought flexible, reimbursable tickets.
Nic33 is offline