FlyerTalk Forums - View Single Post - FAQ: Skipping Segment, Hidden City / Point Beyond / Throw Away Ticketing (master thd)
Old Mar 6, 2019, 10:41 am
  #373  
LondonElite
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Join Date: Mar 2002
Location: Canada, USA, Europe
Programs: UA 1K
Posts: 31,452
Originally Posted by Carl Christensen


you make such absolute statements (you are wrong) while failing to prove your side.

lets consider the broader thrust of your argument - if a company puts a “contract” with their product and service you are duty bound to follow it completely.

but this position has consistently been found to be wrong in broad swaths of the commerce in the US. Since you fail to provide examples of your case I will provide examples backing up my position.

- software shrink wrap license agreements said you couldn’t sell your copy - courts found this position to be wrong
- airlines went after skiplagged for helping facilitate this exact behavior and lost the airlines lost
- overseas the airline just lost the first attempt at this and while still possibly pursuing it they did lose
- copying of movies for personal use was attempted to be prosecuted and pursued by the movie companies and with shrink wrap license agreements and they lost
- companies have tried to say that you cannot leave negative feedback if you use their service - and have been defeated.
- many different industries have tried to say that by using their service or product you give up the right to sue and have to go through arbitration - and this have many times been proven to not be correct and not enforceable


instead of arguing about individual examples, I present the broader narrative that just because a company puts something in their “contract of carriage” does not mean that it is the same as a contract one may enter into with an individual party and that individual portions of this “contract of carriage” may not be enforceable or correct as the airline claims they are.
Please give me a break and put your money where your mouth is. If you have AA miles I’ll happily buy some from you for a first class long haul flight. When I’ve completed my travel are you ok with me letting AA know that we’ve never met, that you sold me some of your miles, and that you’re convinced that the airline won’t come after you and shut down your account. Do we have a deal?
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