Originally Posted by Edgerfly

Also what’s wrong with flying half way around the world for a MR? Isn’t that why we’re all here?

Originally Posted by Edgerfly

There was no way to know this Ecuador fare was a for sure a mistake fare. First off, plenty of time had lapsed before they announced it was a mistake. In addition BA/AA offered flights a year ago DUB-HNL for $600 in Premium cabins. Someone posted they flew BA F from DXB-AUS on BA F for $1200. BA often releases flash F sales at this time of the year. If you go right now on the premium fare deals forum there are plenty of fares you could pick out that you would think were mistake fares and they are not. There was no reason to assume this BA trip, which was half in J, wasn’t some flash sale. It’s not as cut and dry as some people are making it out to be.

So now BA just gets to arbitrarily cancel these itineraries because people got a good deal, and BA doesn’t like the fare they got? Well they shouldn’t have published the fare then. To make matters even more insulting, they didn’t even bother to acknowledge or take any responsibility for the mistake in the letter they sent out explaining they were cancelling tickets and insist they “aren’t responsible for money lost” as a result of them booking, confirming, and issuing these tickets. So people with repositioning tickets, hotels, and fees charged by travel agencies, at least according to BA, it’s the passengers problem.

But if I had wanted to cancel or change dates on this ticket, I would have been charged exuberant fees, however BA gets to just cancel the tickets and not reimburse anyone for anything. How is that fair in anyway?

Originally Posted by Edgerfly

I mean honestly, to all of you who are attacking me so viciously: Is asking that the consumer and the big corporation (airline) have the same rights when it comes to canceling a ticket be an outrages opinion?

Originally Posted by Dave Noble

The consumer can cancel a BA flight within 24 hours of booking without penalty , so there is some level of equality there

If it wasn't obviously a mistake, then why would anyone even have been oncerned whether BA would honour it. I have never had an airline just decide to cancel a ticket on a whim

UK law allows any company to not honour a purchase where obvious pricing mistakes occur

Originally Posted by Edgerfly

I’ll repeat myself. Mistake or no mistake really doesn’t make a difference. Everybody should play by the same rules when it comes to canceling a ticket. Especially one worth billions of dollars with state of the art technology. Nobody should get an advantage when to it comes to canceling but BA has taken the attitude that they can do whatever they please whenever.

Originally Posted by Dave Noble

Keeping repeating it doesn't make it any more valid

Originally Posted by Edgerfly

Maybe not in your eyes, especially if you’re an employee for BA.

Why should BA, who has a hell of a lot more resources than your average consumer, as well as money, be given an advantage?

Originally Posted by UKtravelbear

I recall a MCOL case last year brought by a member of flyer talk about a ‘mistake’ fare I think from Warsaw and that the judge ruled against them and in favourof BA.

I’m sure some others remember it too - likely in more accurate detail - and may be able to find the posts as it was discussed on here.

Originally Posted by ghost_

In the Clerkenwell and Shoreditch County Court
Number CIQZ5241
Thursday July 4th, 2016

District JUDGE BELL

RADOSLAW MICHALAK (claimant)
V
BRITISH AIRWAYS PLC (defendant)

The CLAIMANT appeared in person.

MISS E. McCREA-THEAKER (instructed by counsel, DLA Piper) appeared on behalf of the defendant.

The JUDGMENT is as follows

The DISTRICT JUDGE:
1. This is my judgement in the claim by Mr Michalak against British Airways PLC. It arises out of a booking placed by the claimant on August 29th, 2015 through the British Airways website when he purchased two ticket for flights from Warsaw to London Heathrow on February 7th, 2016 in Club Europe; flights then from London Gatwick to St Lucia on February 8th, 2016 in First Class, and; a flight from London Heathrow to Warsaw on February 15th, 2016 in Club Europe.

2. The price the claimant charged and paid considerably lower than the price that British Airways states was the correct price. British Airways has calculated that it was 72% cheaper than the actual fare or 66% cheaper than the total price inclusive of taxes and charges. British Airways states that the position arose because there was an error on their website and on the uploading of ticket prices between August 27th and August 30th, when prices were mistakenly or incorrectly published. British Airways argues that the contract is void on the basis of mistake.

3. While the claimant did not file a witness statement in advance of this hearing, he has given evidence today and has been cross-examined on the circumstances of the booking last October. It emerged during his evidence that he had been informed by a friend via Facebook Messenger about the availability of these tickets, although we do not have a copy of that Facebook message.

4. He then said the looked on to the flyer talk forum for comments regarding the deal and went to the British Airways website and booked the tickets, and that they were subsequently cancelled.

5. Through the course of his evidence it is clear that he is someone who keeps abreast of potential deals and forums on flights. By his own evidence he is a frequent flyer and willing to avoid direct routes to obtain a better deal in terms of the means of carriage (ie. traveling in a premium class). For example, he has taken up a recent offer by British Airways to fly Dublin to London City and then on to New York.

6. The claimant’s evidence was that in late August the forums were indicating that this deal was not an error by British Airways and referred to one user having confirmed the position direct with the airline.

Originally Posted by ghost_

7. The claimant produced various screen shots of flights for other trips that are currently being advertised, which show that on occasions the First Class tickets may be cheaper than a business class ticket, and the flight he has produced it for is London-Hong Kong, although he accepted that they may not be subject to identical terms and conditions – one may be more flexible than the other. His evidence was he believed that the flights that he was booking from Poland on to the Caribbean were an accurate offer British Airways.

8. As I say British Airways’ position is that this is a void contract. Their position is either the claimant knew that British Airways had made a mistake at the time he booked the tickets, or ought to have known British Airways had made a mistake.

9. British Airways relies on the statement of Mr Foran, the Head of Product Delivery, which I have read, but Mr Foran has not attended today.
10. The position of British Airways is that the price differential between the price actually paid by the claimant and the correct price should have been sufficient to put the claimant on notice. Further, they state that the forums were raising questions about the accuracy of the deal. They said this is a case where there was no advertising by British Airways on its own website alerting potential flyers of the deal as you would expect if it was a legitimate deal. And that the claimant did not make any enquiries of British Airways and took the risk that there was an error on the website. In support of that counsel refers to the way in which the claimant made the booking, by obtaining information from a friend and then checking the position on the forums, which must have highlighted to him that this was an error.

11. In my judgment it is clear that ticket prices between destinations for Business Class and First Class may vary, and at times First Class may be cheaper Business, although not on the exact terms. And that there clearly can be great fluctuations in prices depending upon for what period they relate to, whether they are direct flights, and perhaps also through which hubs you fly.

12. The question here, though, is were the circumstances such at the time of the booking that the claimant knew or ought to have known that there was an error on the part of British Airways? British Airways relies on the case of OT Africa Line Ltd v Vickers PLC as to the position at law regarding mistakes and in that case Mance J stated:

“I accept that this is capable of including circumstances in which a person refrains from or simply fails to make enquiries for which the situation reasonably calls and which would have led to discovery of the mistake, but there would have, at least, to be some real reason to suppose the existence of a mistake before it could be incumbent on one party or solicitor in the line of negotiations to question whether another party or solicitor meant what he or she said.”

Originally Posted by ghost_

13. In my judgment and on the balance of probabilities the claimant became aware – as he said in his evidence – of this deal on the website through a friend. He then, as he said, read the forums. This is not a case where the claimant accessed the website through advertising by BA or stumped upon the deal through searching generally for flights.

14. While the forums in relation to this flight to the Caribbean, unlike those I have been shown for a Sydney deal, do not state that there is an obvious error, the information contained upon them was sufficient to have raised questions in the claimant’s mind. In particular, most of the posts were placed by someone who names themselves ‘Crazy8534’ who went through that he had telephoned British Airways direct about the flights and had double-checked and advised others to follow that route of ringing and double-checking. But there are also other entries on that forum that raise questions as the accuracy of the deal put forward by British Airways.

15. The claimant is clearly well travelled and would have been aware in general terms that the offer put forward was at a considerable reduction to the general ticket value, and I’m not satisfied that he would have really thought that was explained by needing to travel through Gatwick, changes of airline and his perhaps not being the most popular time to visit the Caribbean. This is a case where, as set out by Mance J, there was some real reason to suppose the existence of a mistake. Queries were being raised on the forums. Advice was being given, even by the person who was the most vocal in his comments, to double-check with British Airways.

16. This was also a case where there was considerable price reduction which, of itself, should have raised some issues as to the accuracy. And this is a case where the claimant failed to make any enquiries of British Airways. They were the obvious people to double-check the position with.

17. As Mance J said, the situation on mistake can cover a person who refrains from or simply fails to make enquiries for which the situation reasonably calls, and this was a situation that reasonably called for further enquiries to be made. Therefore, whilst in general terms a person who enters into a contract labouring under a mistake is bound, there are circumstances where that is displaced, where the mistake was known by one party of which the other knew or ought reasonably to have known, and this is a case where the claimant ought reasonably to have known, and failed to make enquiries.

Originally Posted by ghost_

18. Even if I had accepted the claimant’s position and found against British Airways on the entry into a binding contract, he still would have failed in his claim. His claim was for specific performance. The contracts were for flights in February 2016. That date was clearly passed. I cannot make British Airways perform that contract.

19. Further, specific performance is only available where damages are not an adequate remedy. No damages claim in respect of the flights or buying alternate flights has been pleaded or prut forward. And, clearly, such a damages claim would have been formulated and therefore specific performance would not have been the remedy.

20. There is a claim for an additional £500 in relation to additional expenses and inconvenience. There is no evidence of any additional expenses put forward and, as is accepted law set out in Graham v Thomas Cook Group, there is not a claim for damages, distress, disappointment or inconvenience in relation to simple contracts of carriage which this was, rather than for holiday contacts.

21. I therefore DISMISS the case.

MICHALAK: Can I appeal?

JUDGE BELL: You want permission to appeal?

MICHALAK: Yes

JUDGE BELL: On what basis are you seeking permission to appeal?

MICHALAK: I think I would have to research the procedure more.
JUDGE BELL: Well in the first instance you need to seek my permission and you need to tell me why it is that you believe I got it wrong.

MICHALAK: Well I believe that the law can be applied in a different manner to the facts that I presented.

JUDGE BELL: Well Mr Michalak, I am going to refuse you permission to appeal. I have applied the law to the facts put forward to me. It is open to you to seek to repeat your application for permission to appeal. And that should be made to a circuit judge.

MICHALAK: Okay.

Originally Posted by Smid

It was in First, which is usual at least 50% high priced than J?

Originally Posted by Jagboi

I've bought F tickets that wthere cheaper than J and had no trouble flying them.

Originally Posted by Edgerfly

Exactly! Thank you for proving my point. Almost three days that BA took is not 24 hours. As such it was not a level playing field. That is exactly what I think is unfair. You can have your own opinion.

Had they canceled within 24 hours, I don’t think it would have been a big deal and I would have said fine. But obviously they took their time and weighed their options as to what the cheapest route for them would be to get out of this. That is not a luxury the passengers have, and as such the billion dollar company shouldn’t have.