Originally Posted by phillipas
I would think that the chances of a prosecution for fraud being made a virtually zero, the chances of one sticking are even less.
Even a civil case would struggle. It would be a small claims court matter, and the judges there are noted for a common sense approach. I suspect a judge would almost certainly rule that the 'no nested ticketing' rule is an unfair contract term, especially given the relationship between the parties with the consumer not being in a position to negotiate.
The basics would seem to be that BA want to sell DUS-LHR-LHR tickets, and the OP decided to buy one.
Where's that 'if airlines sold paint' thing gone?
Absolutely spot on, although quite a lot of UK legislation seems to have immunised travel - including "distance selling" laws - it's clear that BA have imposed a rule purely to restrict trade ie the free and unrestricted purchasing of air tickets in a manner that offers a lower price to the customer when organised to his choice and benefit. As it also contravenes another rule - the relative strength of the bargaining positions of both sides I'd say that this was one of those lovely situations where an industry is exploiting the consumers lack of legal knowledge. It's a clear situation where someone - perhaps aided by the Consumers Association says - "come and get me then".
In my view it goes much further than:
A term is unfair if:
contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers.
'Good faith' means that traders must deal fairly and openly with you.
Although standard terms may be drafted to protect commercial needs, they must also take account of the your interests and rights by going no further than is necessary to protect those legitimate commercial interests.
http://www.oft.gov.uk/Consumer/Unfai...fair+terms.htm
As all tickets are offered at publicly quoted prices it cannot be argued by BA therefore that it is against BA's
reasonable commercial interests for a customer to purchase them in a way that merely produces a lower price for him than the method BA prefers.
It's about time us UK residents started to ask our MP's to ask the OFT when they are going to stop this practice, as the OFT will not act without a complaint in front of them.