[PREM FARE GONE]AZ: LHR/FRA/DUS/MUC/STR/TXL-NRT ~500 EUR in J
#91
Join Date: Feb 2017
Posts: 84
Booked last night and I have what appears to be a valid reservation when I put the PNR into the Alitalia website. I understand the only way to select seats is to call the airline. I understand calling the airline during a Flash Sale is frowned upon as the staff are busy selling other tickets. How long would others recommend leaving it before i call?
But, yes, DO NOT CALL THE AIRLINE.
#92
Join Date: Jun 2011
Location: PRG
Programs: BAEC Silver, Accor Platinum, BW Diamond
Posts: 42
You have to use etix number 0556655.....
https://www.airfrance.de/DE/de/local...b/MmbAction.do
https://www.airfrance.de/DE/de/local...b/MmbAction.do
#93
Join Date: Jun 2008
Location: Birmingham, UK
Posts: 205
#94
Join Date: Jul 2017
Location: LPL/MAN
Programs: *G (Aegean); AF/KL Silver; BA Bronze; Amex Platinum, Priority Pass.
Posts: 15
For context, I'm a lawyer who has a bit of experience dealing with such matters (albeit on a personal rather than professional level).
#95
FlyerTalk Evangelist
Join Date: Mar 2008
Location: Netherlands
Programs: KL Platinum; A3 Gold
Posts: 28,730
Regulation EC261/2004 only applies to valid tickets; it is *not* the piece of legislation you would use to fight an airline wanting to back out of an "error fare" contract.
#96
Join Date: Dec 2008
Location: London
Programs: SK Gold, ITA Executive, Sixt Diamond, Hertz PC, Avis PC, IHG Platinum
Posts: 5,163
#97
Simple contract law that if a party never intended to make this offer and the buyer could have known that there is no valid contract and as such no protection under EC261 because you don't have a valid ticket.
Plenty of past examples of that already...
And the simple fact also is that nobody is going to court over this so let's stop with all this nonsense. If they honor it, great... if they don't you move on.
#100
Join Date: Mar 2014
Location: London, UK
Programs: BAEC
Posts: 2,286
I disagree. I do have a valid ticket - it has now been issued by Alitalia. If an airline could bypass their obligations under EU 261 by voiding tickets, it would effectively render the Regulation meaningless and unenforceable. Much like the earlier jurisprudence where airlines unsuccessfully tried to argue that cancelled flights were actually long delays to avoid falling within its remit. If an airline cancels more than 14 days before departure there's little anyone can do. Within the two week period, rights begin to accumulate. If Alitalia refused to play ball, I certainly think there would be an arguable case there with a high chance of success. Certainly worth noting for those of us who have booking within the next seven days.
For context, I'm a lawyer who has a bit of experience dealing with such matters (albeit on a personal rather than professional level).
For context, I'm a lawyer who has a bit of experience dealing with such matters (albeit on a personal rather than professional level).
The fact that you have posted on FT about it, and that the airlines' lawyers are entitled to seek a Norwich Pharmacal order requiring this site and your ISP to reveal your identity in the event of litigation, would suggest that you don't really have a case to argue.
This is aside from the fact that the SRA would take a very dim view if you were to be found (wrongly) claiming that you weren't aware that this was an error. Not worth risking your career over a few hundred quid.
[From a friend at the bar.]
#102
Join Date: Jul 2017
Location: LPL/MAN
Programs: *G (Aegean); AF/KL Silver; BA Bronze; Amex Platinum, Priority Pass.
Posts: 15
But there are other laws which govern contracts, and it is *those* laws that one would use to challenge the voiding of this contract.
Regulation EC261/2004 only applies to valid tickets; it is *not* the piece of legislation you would use to fight an airline wanting to back out of an "error fare" contract.
Regulation EC261/2004 only applies to valid tickets; it is *not* the piece of legislation you would use to fight an airline wanting to back out of an "error fare" contract.
Probably you need to brush up your skills on this issue somewhat....
Simple contract law that if a party never intended to make this offer and the buyer could have known that there is no valid contract and as such no protection under EC261 because you don't have a valid ticket.
Plenty of past examples of that already...
And the simple fact also is that nobody is going to court over this so let's stop with all this nonsense. If they honor it, great... if they don't you move on.
Simple contract law that if a party never intended to make this offer and the buyer could have known that there is no valid contract and as such no protection under EC261 because you don't have a valid ticket.
Plenty of past examples of that already...
And the simple fact also is that nobody is going to court over this so let's stop with all this nonsense. If they honor it, great... if they don't you move on.
Under English law, one might legitimately argue that the airline never intended to make the offer. However, by the same token, we live in an age of £10 Ryanair fares - I don't necessarily think that this is an obvious error to your average subjective layperson without specialist knowledge of airline booking systems. For example, I've flown LGW-HKG for £180 in the past and have just done DUB-KEF-SFO-KEF-CPH for £100 return with Wow Air. I'm not disputing that this is an error; I'm disputing that it is not obviously an error. All of this assumes English law. The only connection to England my second booking has is the fact that I live there so I assume other laws will govern the terms of my contract.
Ultimately, it comes down to the question of whether or not a valid ticket has been issued. I suggest that once Alitalia have issued an e-ticket, it has. If anyone can correct me on this I will happily concede. Without being ticketed, all of the above is irrelevant.
It is suggested that no-one will go to court over this. Why not? It wouldn't cost much (at least in the UK) and I suspect that it would be a strong case assuming a ticket has been issued. Personally, I won't bother if my flight this week is not honoured. However, if I had booked a positioning flight, things might be different.
#103
#105
Ultimately, it comes down to the question of whether or not a valid ticket has been issued. I suggest that once Alitalia have issued an e-ticket, it has. If anyone can correct me on this I will happily concede. Without being ticketed, all of the above is irrelevant.