(Gone) HA: ICN-HNL-LAS/PHX/PDX/etc C class 699 USD RT
Aug 15, 2010, 2:39 pm
#736
Join Date: Sep 2008
Location: Seattle
Programs: United 1K, Alaska MVP 75K, HH Diamond
Posts: 638
I am a lawyer, but I am, of course, not yours, not Hawaiian's, and not anybody else's who may be reading FlyerTalk, unless one of my existing clients coincidentally happens to also be reading this thread. 
With that said, I think your letter is generally good, with one notable exception. You write: "Unilateral mistake is not a defense to breach of contract." This is not correct.
Unilateral mistake may be a defense to breach of contract. It certainly is in Hawaii. See, e.g., Honda v. Board of Trutees of the Employees' Retirement System of the State of Hawai'i, 108 Hawai'i 212, 218 (2005). With that said, it is not a particularly attractive defense because, among other things, it doesn't apply if the party asserting it fairly bears the risk of the mistake. See id.; see also Restatement (Second) of Contracts § 154 (1979).
Let me put if this way: when defending a client against a breach of contract claim, if our only defense is unilateral mistake, I generally do not consider us to be in a very enviable position.
With that said, I think your letter is generally good, with one notable exception. You write: "Unilateral mistake is not a defense to breach of contract." This is not correct.
Unilateral mistake may be a defense to breach of contract. It certainly is in Hawaii. See, e.g., Honda v. Board of Trutees of the Employees' Retirement System of the State of Hawai'i, 108 Hawai'i 212, 218 (2005). With that said, it is not a particularly attractive defense because, among other things, it doesn't apply if the party asserting it fairly bears the risk of the mistake. See id.; see also Restatement (Second) of Contracts § 154 (1979).
Let me put if this way: when defending a client against a breach of contract claim, if our only defense is unilateral mistake, I generally do not consider us to be in a very enviable position.
Aug 15, 2010, 8:11 pm
#737
FlyerTalk Evangelist
Join Date: Dec 2002
Programs: UA Platinum MM; DL Silver; IHG Diamond Ambassador; Hilton Gold; Marriott Gold
Posts: 24,249
Is it just me or has Seoul/ICN disappeared entirely from the list of cities from which you can make a booking on HA's web site?
Aug 16, 2010, 1:48 am
#738
Join Date: Jul 2005
Location: Saigon/Hanoi/San Francisco
Posts: 1,779
http://airlineroute.net/2010/08/15/ha-icn-jan11/
Aug 17, 2010, 8:47 am
#740
Suspended
Join Date: May 2010
Posts: 2,621
Aug 17, 2010, 8:49 am
#741
Join Date: May 2007
Location: CA & TPE
Programs: Marriott Ambassador, Hyatt Globalist, Hertz Plat, Centurion, too many airlines
Posts: 618
hi fumitami, very sorry to hear about your plight. i really hope you do just show up at the airport. i am not one for making a fuss, but i would in this instance. the way HA has acted, with threats, etc., has been absurd. i recently sent them a certified demand letter... if i do not get the outcome i want (the tickets being honored fully regarding fare and carrier), i will be one that will file suit. as a lawyer, it will cost me nothing... and i have plenty of time. even more effective, would be a class action involving other ticket purchasers.
Aug 17, 2010, 9:02 am
#742
Join Date: Mar 2006
Programs: AA EXP, UA 1K, F9 Elite, Hyatt Diamond, Hilton Diamond, Marriott Gold
Posts: 1,319
If your reservation has not been changed by HA, just check your ETKT before heading to the airport and make sure the status is CTRL, which means that the control of the ETKT coupon is under KE's airport control and you should be fine to check-in. If the status is RFND, EXCH, VOID you will be in trouble.
Aug 17, 2010, 1:52 pm
#743
Join Date: Aug 2006
Location: US
Programs: AA/UA/DL
Posts: 2,773
Dear fumitani,
Sorry that you will be the first one. Please let us know what will happen.
My friend will follow you on Aug 24.
Can lawyers give us some guidelines when we are at the airport:
1. If we were involuntary downgraded, should we take the flight?
(The ticket has been exchanged)
What evidence should we keep?
2. If we were denied boarding, should we just video tape what happen at the airport?
other suggestions?
Sorry that you will be the first one. Please let us know what will happen.
My friend will follow you on Aug 24.
Can lawyers give us some guidelines when we are at the airport:
1. If we were involuntary downgraded, should we take the flight?
(The ticket has been exchanged)
What evidence should we keep?
2. If we were denied boarding, should we just video tape what happen at the airport?
other suggestions?
Aug 17, 2010, 1:55 pm
#744
Join Date: Dec 2007
Location: Toronto - YYZ
Programs: Aeroplan/Hilton Gold/Marriott Bonvoy Titanium/Accor/Hyatt Gold Passport
Posts: 5,899
I'm certain that you'll find that HA has changed your ICN-HNL booking to Y Class from C Class. Systematically, it appears that is what's happening. They will deal with any customer wrath or legal action after the fact.
Aug 17, 2010, 2:03 pm
#745
Join Date: Mar 2006
Programs: AA EXP, UA 1K, F9 Elite, Hyatt Diamond, Hilton Diamond, Marriott Gold
Posts: 1,319
Meh, my booking and ETKT have not been changed yet. Probably due to all the letters, threats, etc. I've hurled at them.
Code:
TKT-173213XXXXXXX RCI- HA LOC-
OD- SI- FCMI-7 POI-WWW DOI-26JUL10 IOI-10671043
1.XXXXXXX/XXXXX ADT S I
1 ICN HA 6001 J 21JAN 2010 OK JOTST/WEB A
2 XHNL HA 126 J 21JAN 1110 OK JOTST/WEB O
OGG
FARE F USD 356.00
TAX USD 16.10US
TAX USD 23.10BP
TAX USD 20.00XT
TOTAL USD 415.20
/FC SEL HA X/HNL HA OGG356.00JOTST/WEB NUC356.00END ROE1.00 XT5.
50YC7.00X Y5.00XA2.50AY
FE VALID HA ONLY/NONREF/FEE FOR CHG
FP CCHAXXXXXXXXXXXX5017/1219/N959543
Aug 17, 2010, 5:15 pm
#747
FlyerTalk Evangelist
Join Date: Oct 2005
Location: UKB
Posts: 11,436
looks like i am in trouble.......i am travelling in coach between ICN-HNL 
Just got off the phone with them also. No requests is accepted....
No extra baggage no free change of dates etc..
They will tell you your ticket is invalid and they can do nothing. You have been booked in coach. One option is to cancel the ticket though hmmmm
Just got off the phone with them also. No requests is accepted....
No extra baggage no free change of dates etc..
They will tell you your ticket is invalid and they can do nothing. You have been booked in coach. One option is to cancel the ticket though hmmmm
Last edited by fumitani; Aug 17, 2010 at 5:21 pm
Aug 17, 2010, 5:22 pm
#748
Join Date: May 2007
Location: CA & TPE
Programs: Marriott Ambassador, Hyatt Globalist, Hertz Plat, Centurion, too many airlines
Posts: 618
considering HA was charging more for the "mistake" business fare than the economy fare, this is a joke. sorry, but a lawsuit it the only option at this point. they want to play hardball, i am more than happy to step up to the plate.
Aug 17, 2010, 5:49 pm
#749
FlyerTalk Evangelist
Join Date: Oct 2005
Location: UKB
Posts: 11,436
I might cancel my trip all together. This is becoming a joke. I'm going to lose money on the exchange rate plus get a voucher which is useless
Aug 17, 2010, 5:54 pm
#750
Join Date: Jan 2009
Location: USA
Programs: AA LT Plat, UA LT Gold, HH Diamond, Marriott LT Gold
Posts: 956
hi fumitami, very sorry to hear about your plight. i really hope you do just show up at the airport. i am not one for making a fuss, but i would in this instance. the way HA has acted, with threats, etc., has been absurd. i recently sent them a certified demand letter... if i do not get the outcome i want (the tickets being honored fully regarding fare and carrier), i will be one that will file suit. as a lawyer, it will cost me nothing... and i have plenty of time. even more effective, would be a class action involving other ticket purchasers.
Last edited by blueslip; Aug 17, 2010 at 7:37 pm