Originally Posted by
SK AAR
Sorry, but this is not the way Spanish/civil law works. If the airline explains that this is a mistake fare (fare way too low) and it is held that pax knew this or ought to have known it as the price was much lower than normal/comparable biz tickets, then the ticket will be void and not binding for the airline, i.e. there was no formation of a valid contract/ticket regardless that you received ticket No etc.
We go through this with every flash or deep discount sale fare.
I think you may be skipping over some important parts. There are 3 elements to the doctrine of mistake in contract law. First, one of the parties made a mistake as to a term of the contract. Second, the non-mistaken party knew or ought to have known of the mistake. And third, the non-mistaken party deliberately worked to avoid the mistake being learned of. Critically, the onus is on the party claiming mistake to prove those elements. It can't simply say 'It was a mistake. Goodbye'. Similarly with
void ab initio. The party wanting to void a contract still has to justify and prove its case. Admittedly, the airline (or OTA) will get away with simply saying so unless held to account.
As for "normal/comparable", FlyerTalk is filled with examples of such, including much cheaper, comparable (or better) fares.
Originally Posted by
fuyao
Correct, if the airline / merchant has not informed you that your booking was cancelled due to a pricing error / system error / ... and only the flight is cancelled, you're protected by EU261. I'd still wait a bit to see if they do send you an email about an error fare.
After waiting for a bit, you'd need to contact the 1st operating carrier where you're flight in cancelled and request them to be rebooked under EU261.
If they decline, you can go through the Spanish EU261 enforcement body:
https://www.seguridadaerea.gob.es/en.../cancelaciones
I doubt they'll do anything thou, so next step would be to sue in Spain then.
That's very helpful. Thank you. My first operating carrier is IB. Somehow, I can't see it being a long phone call. As others have noted, we're the meat in the sandwich here. The buck passing will be insidious.