Lack

http://www.flyertalk.com/forum/lufth...efundable.html

To know it was a mistake you'd have to know what a mistake is and the airlines have made tremendous progress in blurring that line.

KARFA

Please read what I wrote as the test. It is not just "you know it is a mistake".

KARFA

This case is not relevant. It relates to whether fares are refundable and how much you get back. I haven't had a problem getting all my money back here, the refundability of the fare is not the problem with this one. AZ seem to be more than willing to refund 100% of the money here.

Lack

Knowing or reasonably believing is kinda irrelevant if the mistake part isn't defined, now is it?

KARFA

Nope. In the cases I have seen the claimant does not need to know the exact mechanics of the mistake to have been judged on whether the reasonably believed a mistake existed.

Lack

Read up the thread, plenty of people were told they'd have to pay the cancel fee. Not the point though. Similarity is in the claimed loss of revenue.

How can you believe a mistake existed if you don't know what a mistake is? Unless somehow the courts have gotten confused and put the consumer in the expert seats where they are expected to know the airline business better then the actual airline does?

KARFA

You are right, it isn't the point and refundability isn't the issue here so I still have no idea why you posted that case? Are any of those people still out of pocket or now being refused a full refund?



You can know or have a reasonable belief something isn't right without knowing the specific reasons why.

No case I have seen has involved the claimaint being asked to explain what the mistake is since it is not necessary for the claimant to understand the mechanics of the mistake to judge the case.

Lack

If the airline claims the price is a mistake, then it should prove it's taking a loss - similarly to those cases where the airline was asked to prove the same thing with canceled bookings.

Refundability is a cherry on top - airline wants to have a mulligan with the same fare that you at least initially are being denied a mulligan.

That's why I started trying to establish that the real issue is the price here, not the mechanics. And it's very hard and tricky to prove for an airline that the price was a mistake and you should have known it because of the way the airline business works now.

ghost_

Best of luck, Lack.

KARFA

Is lack actually taking any action?

diego980

I will onlysuites

diego980

I began the legal way because the rate has been sold on all GDS not for 10 minutes but for more than 10 days

DOW8C
"SYSTEM DATES - CREATED 28NOV16 / 0419 EXPIRES 10DEC16 / 1117"

This will make it very difficult for alitalia justify it as a computer error

I believe that one of the objectives of this forum is to help other users to take advantage of the best deals, not to demolish in words anyone who tries a different path from that desired by the company (ie. reimburse more tickets as possible).

Many times I remboursed quickly some error-that I had bought, because the ticket did not interest me that much.

In this case I am Italian, the rate I got is for me very interesting (Japan EUR 630) and I have the tools to try to win the game with AZ, so I try.

We'll see how it goes!

NickB

Close but not quite: the test to establish whether the contract can be voided for mistake would be whether the purchaser knew or should reasonably have known that it was a mistake. This is the typical common law test, though. Other legal systems have similar but not quite identical tests. You would have to be familiar with the Italian legal system to decide how Italian law deals with it.

Lack

Don't really have a reason to, but I'll cheer for anyone who does.

The computer error boogeyman is the most insulting thing here for me. It's not like someone miss typed or auto correct turned FLR-ROM-DUS into "non direct travel only" without any other checks or validation tools in place. This type of error required quite a generous dose of negligence on AZ part.

onlysuites

Don't let the others discourage you.