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[PREM FARE GONE] FLR-HKG/ICN/NRT-DUS from 770€ / J

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Old Dec 13, 2016, 5:03 pm
FlyerTalk Forums Expert How-Tos and Guides
Last edit by: irishguy28
Unofficial cancellation statement from Alitalia: see post #2414, or the original post in Italian on a similar Italian forum

COW8C fare rules available in post #147 (second box)
DOW8C fare rules available in post #150
IOWGE fare rules available in post #1241
IRTGE fare rules available in post #1555
CRTEU fare rules available in post #1589
DOWGE fare rules available in post #1601
IRT8C2 fare rules available in post #2105
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[PREM FARE GONE] FLR-HKG/ICN/NRT-DUS from 770€ / J

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Old Jan 2, 2017, 10:56 am
  #3691  
 
Join Date: Mar 2008
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Originally Posted by KARFA
You have yet to produce anything which shows something different. The only case you did show related to cancellation terms under a German court and is completely irrelevant to the facts and legal points in relation to a mistake fare.
I already did, not my fault you refuse to see it. And if you really do need a courts seal on a piece of paper, please google 2YN75483 and enjoy the read.

Originally Posted by henkybaby
Why do mistake fare discussions always end this way?
We got to do something until the next one.
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Old Jan 2, 2017, 11:18 am
  #3692  
 
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one long haul leg which is operated by JAL is still alive, but other 3 by AZ is cancelled,if i will fly 1 alive leg, i will get refund after these?how much?
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Old Jan 2, 2017, 11:22 am
  #3693  
 
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Originally Posted by raporot
one long haul leg which is operated by JAL is still alive, but other 3 by AZ is cancelled,if i will fly 1 alive leg, i will get refund after these?how much?
You will very probably not fly.
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Old Jan 2, 2017, 11:40 am
  #3694  
 
Join Date: Aug 2008
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I had booked my ticket through a brick & mortar travel agent and the ticket was cancelled by Alitalia. However, I still have not got a refund on my CC, though the TA sent me an e-mail confirming that the refund was processed and it will probably take another week or so for it to show up on the account.

Has anyone else faced this situation? I do not want to offend the TA, with whom I have done business for many years, but I also do want to get my refund ASAP. What do you suggest I do?
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Old Jan 2, 2017, 11:42 am
  #3695  
 
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Originally Posted by raporot
one long haul leg which is operated by JAL is still alive, but other 3 by AZ is cancelled,if i will fly 1 alive leg, i will get refund after these?how much?
it's almost certainly not alive as not ticketed.
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Old Jan 2, 2017, 11:51 am
  #3696  
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Originally Posted by Lack
I already did, not my fault you refuse to see it.
The German case relating to refundability really has no relevance here. Unfortunately your continued insistence it does shows that you don't understand the case and how the law works.

And if you really do need a courts seal on a piece of paper, please google 2YN75483 and enjoy the read.
Yes, the legal test applied for this mistake fare case is what I have been saying and what I have seen consistently in other such cases:

13. On the face of the arrangement between the parties, there was a valid and binding contract. The Defendant must therefore satisfy me that (a) there was a mistake; and that (b) Mr PASSENGER knew that there was a mistake, or (c) Mr PASSENGER ought to have known that there was a mistake on the basis of the information available to him.
The judge applied the test, and based on the specific facts of this case judgement was given against the defendant. The facts will of course differ in each case, but again the case sows the legal test being applied is consistent.
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Old Jan 2, 2017, 12:01 pm
  #3697  
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Originally Posted by henkybaby
Why do mistake fare discussions always end this way?
https://www.merriam-webster.com/dictionary/greed
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Old Jan 2, 2017, 12:09 pm
  #3698  
 
Join Date: Mar 2008
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Originally Posted by KARFA
The German case relating to refundability really has no relevance here. Unfortunately your continued insistence it does shows that you don't understand the case and how the law works.
How does it work? You repeat the same thing thing until your opponent folds? I've got time.

Originally Posted by KARFA
Yes, the legal test applied for this mistake fare case is what I have been saying and what I have seen consistently in other such cases:
And then it follows pretty much the same logic as I laid out in previous posts, yet you still claim the trees are obstructing your view of the forest.

Last edited by Lack; Jan 2, 2017 at 12:12 pm Reason: typo
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Old Jan 2, 2017, 12:10 pm
  #3699  
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Originally Posted by Lack
And then it follows pretty much the same logic as I laid out in previous post, yet you still claim the trees are obstructing your view of the forest.
Yes the evidence presented by the claimant showed that the test was not met so the contract was not void.
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Old Jan 2, 2017, 12:16 pm
  #3700  
 
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Originally Posted by KARFA
Yes the evidence presented by the claimant showed that the test was not met so the contract was not void.
I believe quite a bit of that evidence bears resemblance to the current case.
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Old Jan 2, 2017, 12:23 pm
  #3701  
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Originally Posted by Lack
I believe quite a bit of that evidence bears resemblance to the current case.
The judgement also relates to the indicidual claimant and their actions. If someone claimed on this AZ fare those may differ. Also in that case that price for that fare had been available for over four weeks which seems to have been very relevant to the judge's decision (s30).

Some things are similar, someare not. Each case turns on its merits, and the outcome is based on what arguments and facts each side can present The test which is applied is consistent though.
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Old Jan 2, 2017, 12:39 pm
  #3702  
 
Join Date: Mar 2008
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Originally Posted by KARFA
The judgement also relates to the indicidual claimant and their actions. If someone claimed on this AZ fare those may differ. Also in that case that price for that fare had been available for over four weeks which seems to have been very relevant to the judge's decision (s30).

Some things are similar, someare not. Each case turns on its merits, and the outcome is based on what arguments and facts each side can present The test which is applied is consistent though.
The actions being key here - doubt many of us would just buy an EK replacement tickets and then ask for a reimbursement.
Yes, four weeks are relevant. But it's not said if the claimant ("If Mr PASSENGER did know") knew it was on for that time and it may be similar to this fare being "live" for two weeks.
My points is that this also validates my logic behind not being able to take if this a mistake on account of the complex nature of the airline fares - this isn't fly for a penny deal, but within the delta of what various airlines price their fares on any given day (even if you're admitting more then a regular passenger the judge still recognizes that airlines work in mysterious ways).
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Old Jan 2, 2017, 11:22 pm
  #3703  
 
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My pref. OTA simply does not answer my simple question why my first leg disappeared and what they could do about it.
I simply guess that AI rebooking attempt was well thought of making most bookers panik and cancelling the tickets.
Being with a few customers left actually flying it.
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Old Jan 3, 2017, 1:38 am
  #3704  
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I would like to remind all posters of Rule 12.3:

12.3 Disruptive or repetitive posting

Posts that are inflammatory, inciting or unnecessarily provocative are not allowed.

Disrupting a forum by repetitively posting comments of the same general theme or 'piling-on' by posting merely to reinforce or bump a prior post of a disruptive nature are both examples of disruptive posting and not permitted.

This is your official notice that violation of this rule will subject you to a 7-day suspension.

Pat89339, Moderator Mileage Run Forum
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Old Jan 3, 2017, 2:24 am
  #3705  
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I just noticed when finally logging in to my Amex account online, rather than via the App which shows less detail, that the first ticket - for which Expedia directed me to contact AZ - was refunded by Alitalia Bulgaria. According to the Amex, the ticket (and this is the first time I could find out what the new, exchanged e-ticket number was) was for a flight to depart from Lelystad! (Checking the e-ticket of course shows the expected FLR-FCO-DUS routing)



(Lelystad is currently only a general aviation airport, but there are plans to open it as a commercial aviation airport in a couple of year's time, with plans to move most of the holiday/charter/low cost flights from Schiphol to Lelystad to free up AMS for more premium and connecting traffic).
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