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-   -   (FARE GONE) BA/CX/MH F: FRA-KUL, route via HKG and/or SIN, ~$1,300 (https://www.flyertalk.com/forum/mileage-run-discussion/1704005-fare-gone-ba-cx-mh-f-fra-kul-route-via-hkg-sin-1-300-a.html)

subject2load Aug 22, 2015 6:16 am


Originally Posted by mrtibbs1999 (Post 25309789)

Even if you wanted to claim through small claims, the Lufthansa judgment should give you a good idea which hurdles you'll need to clear. First you'd need to book identical or near as damn it flights: that'll cost 6-10k for 2 tickets, then you need to be able to answer all the below without showing you knew or ought to have known it was an error.

How did you find it? Are you a member of Flyertalk, if so what is your handle? Have you ever booked an error fare previously?


If I'd found these fares organically I'd have a go at suing, but as it is, it seems like too high a risk for the reward.

Hi mrtibbs, I don't have the means right now to read the full Lufthansa judgement, but just wanted to ask if the specific questions you list (member of FT ? handle ..? ..previous booking history ? .. etc) were actually raised during that case ....?

jfkeze Aug 22, 2015 6:18 am

deleted

mrtibbs1999 Aug 22, 2015 7:21 am

The judgment makes it pretty clear that the court had ascertained that the flyer was a regular flyer of business and first class tickets, that he often spent time looking for good deals and that he had been told about the price of the tickets by a friend. The claimant also stated that he thought it was a good deal and had no idea it was a mistake.

If you read the judgment yourself you can see that he was not taken simply at his word. My point was that it's not worth suffering a cross examination where you have to admit you knew it was an error or where you lie to the court...


Originally Posted by subject2load (Post 25310052)
Quote:

Hi mrtibbs, I don't have the means right now to read the full Lufthansa judgement, but just wanted to ask if the specific questions you list (member of FT ? handle ..? ..previous booking history ? .. etc) were actually raised during that case ....?


cesco.g Aug 22, 2015 8:00 am

Some comment above stated that only F, but not C tix were cxld. Can somebody confirm that?

24Yukon24 Aug 22, 2015 8:15 am

(FARE GONE) BA/CX/MH F: FRA-KUL, route via HKG and/or SIN, ~$1,300
 
Yes same for me...only 2 F parts were cancelled,4 C parts remain confirmed

sciuritiddu Aug 22, 2015 8:50 am

booking deleted here:(
Anybody has received any email from BA explaining their decision to void tickets??

kacheng Aug 22, 2015 8:55 am


Originally Posted by 24Yukon24 (Post 25310348)
Yes same for me...only 2 F parts were cancelled,4 C parts remain confirmed

Would be happy to have it reinstated in C :)

subject2load Aug 22, 2015 9:15 am


Originally Posted by mrtibbs1999 (Post 25310185)
The judgment makes it pretty clear that the court had ascertained that the flyer was a regular flyer of business and first class tickets, that he often spent time looking for good deals and that he had been told about the price of the tickets by a friend. The claimant also stated that he thought it was a good deal and had no idea it was a mistake.

If you read the judgment yourself you can see that he was not taken simply at his word. My point was that it's not worth suffering a cross examination where you have to admit you knew it was an error or where you lie to the court...

Hi again, and thanks for taking time to respond.

I asked the question because in all honesty I was somewhat dubious that issues such as whether someone was a member of an internet forum (along with their identity on such forum), and their past travel booking history really would be explored as part of a court case. "Are you- or have you ever been - a member of the Communist Party ?" .....

I mean if we were talking about a murder trial, drug-dealing or embezzlement ....then sure, the character & background of an individual would be very material. ; but an airline ticket bought legitimately online .....:confused: I would have thought that the case revolves purely around contract and consumer law.

However....I now understand from what you say that these issues were indeed explored, and I certainly accept your point that where a claimant has decided it's worth going as far as contesting a unilateral ticket cancellation in Court, then he/she has to be ready & willing to undergo the necessary rigorous cross-examination.

And the claimant's 'background' or level of awareness would then be relevant : I have an aunt who would have almost no idea of the approximate cost of a First class ticket to Asia or Australia. Whereas I myself (and most friends & other relatives) certainly do.

As has already been noted in countless other posts, we then get into the rather grey area of just how far below the 'normal' fare does a web quote resulting from a simple search have to be for it to be deemed an obvious mistake ......:o

NA-Flyer Aug 22, 2015 9:21 am


Originally Posted by sciuritiddu (Post 25310484)
booking deleted here:(
Anybody has received any email from BA explaining their decision to void tickets??

Do we have to call BA to get the amount charged refunded to the credit card or it is done automatically with the booking cancellation?

IAN-UK Aug 22, 2015 9:42 am


Originally Posted by subject2load (Post 25310611)
I mean if we were talking about a murder trial, drug-dealing or embezzlement ....then sure, the character & background of an individual would be very material. ; but an airline ticket bought legitimately online .....:confused: I would have thought that the case revolves purely around contract and consumer law.

However....I now understand from what you say that these issues were indeed explored, and I certainly accept your point that where a claimant has decided it's worth going as far as contesting a unilateral ticket cancellation in Court, then he/she has to be ready & willing to undergo the necessary rigorous cross-examination.

It's simple: you have to be willing to state before a court that you bought the ticket without an inkling that it was priced wrongly. Not that the fare "wasn't that much cheaper than .... etc": you need to attest to your belief that everything was above board, that you believed you were buying a regular ticket.

Now my moral compass can get pretty shaky, but I wouldn't lie in that situation.

anat0l Aug 22, 2015 9:47 am


Originally Posted by NA-Flyer (Post 25310632)
Do we have to call BA to get the amount charged refunded to the credit card or it is done automatically with the booking cancellation?

I would reckon on the credit card being refunded as a matter of course when the booking is cancelled, i.e. it will happen, and ideally within, say, a week. I know airlines like to say, for example, refunds can take up to four weeks to be completely effected, but I haven't had one that long if due process is followed promptly, i.e. some person hasn't faffed around and not sent the refund in for processing.

BA can't reasonably cancel the fares and not give you your money back, and ideally they shouldn't be dragging their feet to initiate the refund process.

mrtibbs1999 Aug 22, 2015 10:38 am


Originally Posted by IAN-UK (Post 25310714)
It's simple: you have to be willing to state before a court that you bought the ticket without an inkling that it was priced wrongly. Not that the fare "wasn't that much cheaper than .... etc": you need to attest to your belief that everything was above board, that you believed you were buying a regular ticket.

Now my moral compass can get pretty shaky, but I wouldn't lie in that situation.

I totally agree. As many on this forum will know, I'm up for pretty much anything, but going to court against BA's Counsel and telling a pack of lies (possibly but not not necessarily) under oath seems like a really risky course of action to get a cheap flight to the far east.

Once you add in the fact that to make a money claim you need to crystallize the loss by booking further tickets at a cost of thousands then it seems like a really bad idea.

I recently made a money claim of around £400 and the respondent went to trial on a defence that was demonstrably bogus. I proved that there were lies being told, won the case and asked for full costs under rule 27.14 (2)(g). I was awarded £1800 in costs as a litigant in person and had I been represented the costs would have been at least £10,000.

Anyone thinking of claiming really needs to think it through.

NA-Flyer Aug 22, 2015 11:54 am

I just called my credit card company and asked them if BA has charged me anything!!

They informed me that an authorization has been requested but so far no transaction went through yet.

kauppias Aug 22, 2015 2:13 pm


Originally Posted by NA-Flyer (Post 25311150)
I just called my credit card company and asked them if BA has charged me anything!!

They informed me that an authorization has been requested but so far no transaction went through yet.

ALL MY BA FLIGHTS have been charged on my credit card. ALL have been cancelled without a email from BA! Great customer service from British Airways!!!

flieduk Aug 22, 2015 2:26 pm


Originally Posted by TabTraveller (Post 25309990)
Why bother though? It is a simple money claim for damages arising from a contractual breach. It isn't as if BA is refusing to fly you and you have no other way to get there.

Depends if the person wants to pay out £10K or whatever it is to fly F.


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