Originally Posted by
fttc
Theft means A steal something from B. It has nothing to do with B gives something to A voluntarily.
Even if a bank gives you $3m by accident, it's not a theft, especially if you don't touch it. But if you steal something, even if you pay it entirely back, you are in violation of law and face penalties.
So there is a huge difference and calling this a theft is wrong.
Finally in this case, it's impossible for the airline to claim that it lost money.
Here is the statute in my jurisdiction related to theft of service. You can argue all you want re applicability:
"(4) Obtaining services by deception. A person intentionally obtains services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services. When compensation for services is ordinarily paid immediately upon the rendering of them, absconding without payment or offer to pay is prima facie evidence that the services were obtained by deception.
(5) Diversion of services. Having control over the disposition of services of another to which a person is not entitled, the person intentionally diverts those services to the person's own benefit or to the benefit of a person not entitled thereto."
FYI, I'm sure airline CPAs would school us all about fixed and variable costs leading to the pricing of airline tickets.