Originally Posted by
Smiley90
What you're forgetting is that nearly nobody posts that their route didn't have QSuite and became QSuite in the last 24 hours despite not being advertised. There's some confirmation bias at play where only complaints get posted. And nobody paid a QSuite surcharge (e.g. air Canada charges a surcharge for domestic lie flat planes, and there you 100% are entitled to refunds if the plane gets swapped. Not the case here, QSuite flights don't cost extra). Check the fine print in your ticket always applies.
The idea that QR would simply win in court automatically because they include a line in the "fine print" that protects them is a simply not true. That ignores everything else at play.
The ad referenced above makes a pretty clear offering - to fly QSuites, check at booking. Is that enough for court? Maybe yes. Maybe no. But, when you add all the other factors, it builds a stronger case of intent to deceive. There are also lots of consumer protection laws, especially in the USA, that may apply.
Courts are very fickle. The judge makes the final call based on all the evidence. If a plaintiff can show they reasonably based their decision to purchase based on information provided by the airline (see above), a judge could be very well persuaded to rule in favor of the plaintiff.
The point is, no one knows how a judge will rule... until he/she does. And to assume it is a slam dunk - either way - would be foolish. A certain airline just found this out.