[FARE GONE] AC: AMS/DUS/... - LAX/SFO/.... €200+ return
#91
Join Date: Dec 2016
Location: London
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Good spot fslnc on Twitter
#92
Join Date: Mar 2009
Location: SJC / DPS
Programs: AS G75K, UA Silver
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#93
Join Date: Feb 2014
Location: Munich
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#95
Join Date: Apr 2014
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#96
Join Date: Oct 2009
Location: Scotland
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#97
Join Date: Feb 2014
Location: Munich
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#98
Join Date: Jun 2015
Posts: 7
Absolutely right. By screaming "ERROR FARE" at the top of every flight-deal website and blog, these people are only strengthening airlines' cases for voiding the contracts and cancelling tickets.
I really must do some research into the legal position of buying airline tickets, particularly as it relates to jurisdiction. For some reason, I always thought that if I used the UK version of an airline's website and paid in my home currency (GBP), the contract formed will be governed by UK law. Does anyone know about this? Or do airlines' terms of contracts simply settle this point?
Under British contract law, a party to a contract made with a pricing error cannot necessarily rescind/void that contract. It's not enough that a party can show that there has been an error - the error must have been objectively obvious. This means that any reasonable person would have regarded the price as obviously an error.
Most cases of contracts voidable because of pricing error relate to clearly ridiculous prices being advertised - eg. a new car for £10 because someone didn't enter three more zeros in the computer system. Sometimes people misplace a decimal point and something ends up shown for one percent of its worth.
In the case of airfares, however, the error is rarely so dramatic or obvious. I believe that under British law an airline would have trouble saying that a round-trip ticket from London to NYC for £169 was an obvious error. A reasonable person would just regard that as a great price, not an error. We live in an age of budget airlines and incredibly cheap flights. Ryanair routinely charges 20 euros for 3-hour flights, WOW air is currently advertising US West Coast to Europe flights for $70 one-way and, the same day I bought the Air Canada flight for 140 euros round-trip (Europe to US), I also bought a flight on Norwegian from NYC to Edinburgh for 50 euros. The Norwegian price was definitely not an error. I'm no lawyer, but I really think that Air Canada would have a problem if challenged. Although I'm talking about British contract law, I'm sure that other jurisdictions have similar provisions - after all, the world can't live in a state of perpetual indecision, not knowing if a contract is about to be rescinded just because one party to it thinks they shouldn't have made the contract at the price.
In summary, provisions relating to rescinding a contract due to error are often very limited in their scope and, in 2017, when we can fly around the globe for very little money, I believe airlines are going to have problems validlyrescinding contracts made pursuant to these error fares.
As a side note, I think Air Canada's position in this is even weaker due to the fact that it seems that the YQ was omitted from the tickets. The base fare was correct. Would Air Canada really stand up in front of a British judge and claim with a straight face that in 2017, a year of incredibly low oil prices, that it made an error in not charging several hundred dollars extra per ticket as a fuel surcharge.
#99
You need a lot of words... but it means nothing. We all know it was indeed an error, or did you just at that exact time decide to book these specific routes?
So stop with all the nonsense. If the airline honors the tickets, great... if not, move on.
So stop with all the nonsense. If the airline honors the tickets, great... if not, move on.
#100
Join Date: Jun 2015
Posts: 7
The point I was making was a general one about whether or not companies can cancel contracts when they discover a pricing error. I was not particularly concerned about my own ticket.
I think that airlines are on weak legal ground when they cancel tickets that end up cheap but not ridiculously cheap due to errors. Ar least in my country, that would seem that case.
From what I read, many of AC's international flights were mis-priced for several hours so it stands to reason that many passengers would have bought these tickets just by chance.
I do accept, however, that this is not a thread/forum suited to a general discussion about the rights-and-wrongs of cancellations so I apologise for raising the points here.
I think that airlines are on weak legal ground when they cancel tickets that end up cheap but not ridiculously cheap due to errors. Ar least in my country, that would seem that case.
From what I read, many of AC's international flights were mis-priced for several hours so it stands to reason that many passengers would have bought these tickets just by chance.
I do accept, however, that this is not a thread/forum suited to a general discussion about the rights-and-wrongs of cancellations so I apologise for raising the points here.
#104
Join Date: Jul 2017
Programs: SE+, OWS
Posts: 373