FlyerTalk Forums - View Single Post - When an exEU goes bad: what is my final destination?
Old Aug 15, 2023 | 2:20 am
  #122  
mario
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Originally Posted by DYKWIA
But hang on, Volcanos erupt all the time. The OP should not have chosen a route that went near an active volcano.
I've said it before in other threads where this has come up.

Clause 3c4 is ambiguous and should be interpreted contra proferentem. The clause does not specifically define "events beyond your control," and the definition provided in Section 1 of the British Airways General Conditions of Carriage is somewhat ambiguous. This means that it is unclear what type of events would be considered to be beyond your control for the purposes of this clause. In the absence of a clear definition, the contra proferentem rule would likely apply. This means that the clause would be interpreted against British Airways.

The contra proferentem rule is a well-established principle in UK law. It is based on the idea that the party who drafted a contract should bear the risk of any ambiguity in the contract. This is because the party who drafted the contract is in a better position to understand the meaning of the contract and to anticipate and clarify any ambiguities in the text of the contract.

Of course, this is just my opinion. The ultimate decision of whether or not clause 3c4 is ambiguous and should be interpreted contra proferentem will be made by the court in a legal case. However, I believe that the contra proferentem rule is a reasonable interpretation of this clause, and it would protect consumers from unfair or unexpected terms.
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