Originally Posted by
jugaadkabaap
You are missing the key difference;
AFKLM entered into a contract with the class. Class being all passengers who purchased the supposed fare. AFKLM is attempting to withdraw from the contract. Only possible way for AFKLM to unilaterally withdraw from the contract is to establish before the jurisprudent that a valid contract was never established in the first place ; ie the contract established was erroneous and thereby deem null and void establishing status quo between parties.
You cannot argue that a contract is a mistake ONLY to a subsection of class while it’s honored for another subsection. It’s either a mistake OR it’s NOT a mistake.
Say the fare attached to 15K booking YUL - ZAG was coded as A123YULZAGXYZ.
If it’s established that A123YULZAGXYZ is an invalid fare, then everyone who got into contract based on that fare is having an invalid contract.
Now is A123YULZAGXYZ a valid fare for some ? If yes, A123YULZAGXYZ should be valid for everyone who got into contract on similar grounds.
AFKLM is free to advertise a special promo rate especially to their elites and allow them to book into that fare ; that’s perfectly fine. Or provide a discount in pricing based on elite status - that’s also fine. All that’s valid when it’s advertised as such, targeted as such before getting into the contract.
But they cannot go back in time and say that “oh we made a mistake but the mistake only applies to certain people and for the rest it’s not a mistake”
your first mistake is that you see everyone buying the ticket as one party. They are not. Everyone has a seperate contract with af/kl.
Af/kl has a remedy to void the contract by claiming they were never intending to sell at this price so no contract was ever reached. This is civil law basics and generaly works likes this in most jurisdictions.
Af/kl is free to decide to not make that claim if they please. I'd argue its a nice gesture to not void the contracts of fb elites.
Consumers have a remedy against that claim by arguing that they couldn't have possibly known it was a mistake. For the sub 5k ones that sure ain't gonna be believable. For the 13k ones you are still on the low end of what could just be a realy good deal.
This is contract law 101. Google it, most countries have a bunch of these cases that made the news.
Leen Bakker hoeft goedkope bedden niet te leveren -
https://nos.nl/l/2195844