[PREM FARE GONE] Austrian: BKK-VIE direct return for $970
Jan 25, 2019, 9:22 am
#106
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Join Date: Nov 2004
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This seems to be a very reasonable/fair announcement by OS (and made quickly/in amble time after the error). OS has given you 3 reasonable alternatives so there is no way you will be able to rely on those tickets or get compensation (under EU Reg. 261/04 or other regime) - sorry to tell you this the hard way.
Jan 25, 2019, 9:24 am
#107
Join Date: May 2016
Programs: Miles and More
Posts: 63
Just received an email from Austrian:
On 22nd of January, an erroneous Business Class fare for Austrian Airlines flights from Bangkok (BKK) to Vienna (VIE) was temporarily issued. We hereby apologize for any inconveniences caused by this situation. The erroneous fare was discovered by our employees and the booking class was temporarily closed to file a fare correction. After carefully assessing the situation it was decided that all affected bookings and issued tickets will be handled in the same way. All customers who booked an error fare will be contacted and informed that due to the technical mistake in the fare distribution, the contract with Austrian Airlines will not be fulfilled and therefore all error fare bookings are canceled. Customers are offered the following options:
On 22nd of January, an erroneous Business Class fare for Austrian Airlines flights from Bangkok (BKK) to Vienna (VIE) was temporarily issued. We hereby apologize for any inconveniences caused by this situation. The erroneous fare was discovered by our employees and the booking class was temporarily closed to file a fare correction. After carefully assessing the situation it was decided that all affected bookings and issued tickets will be handled in the same way. All customers who booked an error fare will be contacted and informed that due to the technical mistake in the fare distribution, the contract with Austrian Airlines will not be fulfilled and therefore all error fare bookings are canceled. Customers are offered the following options:
- Flight in Economy Class for the booked price.
- Full refund of the paid price.
- Flight in Premium Economy Class for an additional payment of 10 000 THB (approx. € 270,-) per segment.
- Flight in Business Class for an additional payment of 25 000 THB (approx. € 690,-) per segment.
Wow. Finally. Yes, nice offer.
Emirates for my dates offers tickets 627eu. Austrian on 50 eur cheaper (economy class)
Premium class cheaper on 100 euro. I mean if you buy new tickets...
And yes, business class already I see prices near 3,200 euro))) wow, nice move... First class tickets! It seems like Austrian now is trying to earn money on this "technical mistake".
Jan 25, 2019, 12:36 pm
#109
Join Date: Mar 2014
Posts: 60
In any civil law country (i.e. the majority of countries in the EU) the rule is that any agreement/contract based on an erroneous offer (e.g. price) is void/voidable if other party knew/ought to have known about the error. This is basic contract law and has nothing to do with EU reg. 261/04; the latter requires/apply under the assumption that a valid contract for the purchase of the ticket has been entered into. If there is no valid formation of contract EU reg. 261/04 does not apply. period.
sorry maybe I slept too much on my contract lectures (despite I got a good grade), there are only offer+acceptance+consideration+both parties intended to be legally bined in a valid contract. Other than those, including so called assumption of the other party known about the error or not sounds irrelevant. Moreover, according to the general contract law (I studied common law system, but i believe this basic concept should be the same in most jurisdictions, unless, again, there r specific ordinance about it. If so welcome to correct me), any form of solid consideration (even just 1 dollar) would be ruled as valid consideration in major components forming a valid contract. Its specifically mentioned that whether the value of consideration is "reasonable"/"fair deal"/"market value"/"arms length"... Blah blah are also irrelevant. Other than those just bs and definitely had nothing to do with contract law.
What could help the offerer (i.e. The airline) get away from a concluded contract, would only be whether there any other specific ordinance and/or any similar court cases held in favourite of the offerers before (thats the case in USA).
Thats why i m asking so specifically, whether any ordinance in the EU protecting the airlines from suffering of mistake pricing like the usa. But seems u r not knowledge enough.
maybe i should use layman language, if a pax made a mistake on entering his/her name, or travel date, or simply he/she "believe" the price should be lower bona fide, but mistakenly authorised the credit card payment put through, could they claim that the contract should voidable as there r erroneous accepted terms or incorrect consideration? Obviously the ans is a big NO.
Last edited by Pat89339; Jan 25, 2019 at 1:00 pm Reason: Consecutive posts
Jan 25, 2019, 1:01 pm
#110
Join Date: Mar 2014
Posts: 60
They can do it simply because they have control over the ticket. They can/will claim you did not have vaild document and refuse to pay any compensation. You may not agree, but you will then have to take them to court to prove otherwise. Waste of time IMHO. But everyone values their time differently.
Jan 25, 2019, 1:09 pm
#111
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You are referring to common law which is very different in terms of contract formation - common law is irrelevant here as most European jurisdictions apply civil law.
Jan 25, 2019, 2:29 pm
#112
Join Date: May 2016
Programs: Miles and More
Posts: 63
https://ec.europa.eu/ireland/services/air-travel_en#2
Everyone who bought tickets, did not do any manipations, they saw all taxes and prices and price was in Internet - public. It was purchase . + There 2 other EU directive about airlines and customer protection. I think everyone lost their tickets, now everyone can try to claim for compensation and refund for new tickets. Airline company has to explain why their technical error does not cover all regulations in EU. In November Austrian offered same tickets but only from VIE-BKK for 1300 EU... Mistake? No... - it was promotion. + Read first point, you can buy as cheap as you can find, does not matter you are in UK or Ireland (from example).
Everyone who bought tickets, did not do any manipations, they saw all taxes and prices and price was in Internet - public. It was purchase . + There 2 other EU directive about airlines and customer protection. I think everyone lost their tickets, now everyone can try to claim for compensation and refund for new tickets. Airline company has to explain why their technical error does not cover all regulations in EU. In November Austrian offered same tickets but only from VIE-BKK for 1300 EU... Mistake? No... - it was promotion. + Read first point, you can buy as cheap as you can find, does not matter you are in UK or Ireland (from example).
Jan 25, 2019, 2:39 pm
#113
Join Date: Mar 2014
Posts: 60
If the other party knew or ought to have know about the error, the contract is voidable - this is clear civil law rule. Period. Nothing to discuss.
You are referring to common law which is very different in terms of contract formation - common law is irrelevant here as most European jurisdictions apply civil law.
You are referring to common law which is very different in terms of contract formation - common law is irrelevant here as most European jurisdictions apply civil law.
unless u can quote written laws/bylaws/ordinance/guidelines... Blah blah (pretty reasonable in civil law system rite? If u know what civil law system about) to support your argument "If the other party knew or ought to have know about the error, the contract is voidable - this is clear civil law rule.", plus most importantly, how to define "the other party knew or ought to have know" in the corresponding written rules (actually civil laws are far more straight and everything have definition, unlike common laws' reasonable man concept that sth maybe just "reasonably understand" like "obviously it's too cheap". No, there would be definition of how much %! Nth can act blur), Ur period just... Period.
Last edited by johnwooz; Jan 25, 2019 at 3:02 pm
Jan 25, 2019, 3:05 pm
#114
Join Date: May 2016
Programs: Miles and More
Posts: 63
Plus there are rules, there are agreements in EU. Got it from Austrian AGB
5.1.2. Specifics with booking online When booking on the website www.austrian.com or in our official app, by hitting the button "Buy Now" or a similarly named field, you are making the legally binding offer to conclude an agreement of transportation. This transportation agreement is concluded once the confirmation reservation is received. The agreement is complete when the storable and printable Austrian booking confirmation appears on your screen, or when this booking confirmation is sent by email to the email contact address you have provided (or afterwards, whichever occurs first). Please note that we will verify your payment data before we issue your booking confirmation. If this verification is unsuccessful, we will not issue a booking confirmation and no transport agreement will have been made.
Every passenger got CONFIRMATION and tickets and their own seats. From customers' side: no problem, everyone paid and everyone got confirmation and if customer got confirmation, then: "This transportation agreement is concluded once the confirmation reservation is received. The agreement is complete when the storable and printable Austrian booking confirmation appears on your screen, or when this booking confirmation is sent by email"...
So Austrian Airlines will write back, that YOU WERE NOT ALLOWED TO BUY TICKETS from OUR WEBSITE because YOU HAVE TO KNOW: it is mistake. (maybe mistake, may be promotion)?
5.1.2. Specifics with booking online When booking on the website www.austrian.com or in our official app, by hitting the button "Buy Now" or a similarly named field, you are making the legally binding offer to conclude an agreement of transportation. This transportation agreement is concluded once the confirmation reservation is received. The agreement is complete when the storable and printable Austrian booking confirmation appears on your screen, or when this booking confirmation is sent by email to the email contact address you have provided (or afterwards, whichever occurs first). Please note that we will verify your payment data before we issue your booking confirmation. If this verification is unsuccessful, we will not issue a booking confirmation and no transport agreement will have been made.
Every passenger got CONFIRMATION and tickets and their own seats. From customers' side: no problem, everyone paid and everyone got confirmation and if customer got confirmation, then: "This transportation agreement is concluded once the confirmation reservation is received. The agreement is complete when the storable and printable Austrian booking confirmation appears on your screen, or when this booking confirmation is sent by email"...
So Austrian Airlines will write back, that YOU WERE NOT ALLOWED TO BUY TICKETS from OUR WEBSITE because YOU HAVE TO KNOW: it is mistake. (maybe mistake, may be promotion)?
Jan 25, 2019, 3:42 pm
#115
Join Date: Mar 2014
Posts: 60
I just researched a a little bit on the PECL, and eventually found where your clause came from:
"Article 4:103: Fundamental Mistake as to Facts or Law
(1) A party may avoid a contract for mistake of fact or law existing when the contract was concluded if:
...
(a)(ii)
the other party knew or ought to have known of the mistake and it was contrary to good faith and fair dealing to leave the mistaken party in error; or
...
AND
(b)
the other party knew or ought to have known that the mistaken party, had it known the truth, would not have entered the contract or would have done so only on fundamentally different terms"
Firstly the airline has to prove the pax knew its a mistake, "obviously too cheap" is excluded by the law (see my quote below). And iIt is almost impossible to prove it about the good faith thing per my experience. Plus there are explicit exclusion as follows:-
"Article 4:110: Unfair Terms not Individually Negotiated
...
(2) This Article does not apply to:
...
(b)
the adequacy in value of one party's obligations compared to the value of the obligations of the other party."
Therefore "obviously its too cheap so its a mistake you should know it" cannot stand at all.
Anyway, our discussion turns into academical like "legal clinic". I m going to stop here and suggest the others simply file the online complaint/claim forms to various authorities and free legal advisers, then let them do their jobs.
"Article 4:103: Fundamental Mistake as to Facts or Law
(1) A party may avoid a contract for mistake of fact or law existing when the contract was concluded if:
...
(a)(ii)
the other party knew or ought to have known of the mistake and it was contrary to good faith and fair dealing to leave the mistaken party in error; or
...
AND
(b)
the other party knew or ought to have known that the mistaken party, had it known the truth, would not have entered the contract or would have done so only on fundamentally different terms"
Firstly the airline has to prove the pax knew its a mistake, "obviously too cheap" is excluded by the law (see my quote below). And iIt is almost impossible to prove it about the good faith thing per my experience. Plus there are explicit exclusion as follows:-
"Article 4:110: Unfair Terms not Individually Negotiated
...
(2) This Article does not apply to:
...
(b)
the adequacy in value of one party's obligations compared to the value of the obligations of the other party."
Therefore "obviously its too cheap so its a mistake you should know it" cannot stand at all.
Anyway, our discussion turns into academical like "legal clinic". I m going to stop here and suggest the others simply file the online complaint/claim forms to various authorities and free legal advisers, then let them do their jobs.
Last edited by johnwooz; Jan 25, 2019 at 3:49 pm
Jan 26, 2019, 2:34 am
#117
Join Date: Sep 2006
Location: PRG, DRS, VIE
Programs: Marriott Titanium, BA Gold, A3 Gold
Posts: 939
I just researched a a little bit on the PECL, and eventually found where your clause came from:
"Article 4:103: Fundamental Mistake as to Facts or Law
(1) A party may avoid a contract for mistake of fact or law existing when the contract was concluded if:
...
(a)(ii)
the other party knew or ought to have known of the mistake and it was contrary to good faith and fair dealing to leave the mistaken party in error; or
...
AND
(b)
the other party knew or ought to have known that the mistaken party, had it known the truth, would not have entered the contract or would have done so only on fundamentally different terms"
Firstly the airline has to prove the pax knew its a mistake, "obviously too cheap" is excluded by the law (see my quote below). And iIt is almost impossible to prove it about the good faith thing per my experience. Plus there are explicit exclusion as follows:-
"Article 4:110: Unfair Terms not Individually Negotiated
...
(2) This Article does not apply to:
...
(b)
the adequacy in value of one party's obligations compared to the value of the obligations of the other party."
Therefore "obviously its too cheap so its a mistake you should know it" cannot stand at all.
Anyway, our discussion turns into academical like "legal clinic". I m going to stop here and suggest the others simply file the online complaint/claim forms to various authorities and free legal advisers, then let them do their jobs.
"Article 4:103: Fundamental Mistake as to Facts or Law
(1) A party may avoid a contract for mistake of fact or law existing when the contract was concluded if:
...
(a)(ii)
the other party knew or ought to have known of the mistake and it was contrary to good faith and fair dealing to leave the mistaken party in error; or
...
AND
(b)
the other party knew or ought to have known that the mistaken party, had it known the truth, would not have entered the contract or would have done so only on fundamentally different terms"
Firstly the airline has to prove the pax knew its a mistake, "obviously too cheap" is excluded by the law (see my quote below). And iIt is almost impossible to prove it about the good faith thing per my experience. Plus there are explicit exclusion as follows:-
"Article 4:110: Unfair Terms not Individually Negotiated
...
(2) This Article does not apply to:
...
(b)
the adequacy in value of one party's obligations compared to the value of the obligations of the other party."
Therefore "obviously its too cheap so its a mistake you should know it" cannot stand at all.
Anyway, our discussion turns into academical like "legal clinic". I m going to stop here and suggest the others simply file the online complaint/claim forms to various authorities and free legal advisers, then let them do their jobs.
OS has better approach in terms of offering alternatives. At IST at AF check-in, after paying 2000 USD for the "supposedly F that I have paid too little to fly" fare to JNB, I was offered I can fly in coach and for additional 500 EUR, I can ugprade to business class. Yeah, right 
Jan 26, 2019, 2:53 am
#118
Join Date: Jan 2019
Posts: 1
Funny Part is coming
Funny Part is coming !
All airlines with good reputations generally have 2 typical ways to response their own mistakes: 1) Honor the Tickets ,like CX 2) Not Honor the tickets but given a Good discount or coupon . Some worse airline will choose to apology and cancel the ticket.Austrian Airline is quiet funny, they use the 4th way,catch up this chance to ask customer to pay a higher price and earn more money!
For Example, Victim could choose downgrade to economy class with the original payment and no any other compensation. But if you check Austrian website, you will find out an even cheaper Eco ticket on the same day same flight!!!
All airlines with good reputations generally have 2 typical ways to response their own mistakes: 1) Honor the Tickets ,like CX 2) Not Honor the tickets but given a Good discount or coupon . Some worse airline will choose to apology and cancel the ticket.Austrian Airline is quiet funny, they use the 4th way,catch up this chance to ask customer to pay a higher price and earn more money!
For Example, Victim could choose downgrade to economy class with the original payment and no any other compensation. But if you check Austrian website, you will find out an even cheaper Eco ticket on the same day same flight!!!
Jan 26, 2019, 7:40 am
#119
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Jan 26, 2019, 9:23 am
#120
Join Date: Jul 2008
Location: LAX, TPE, NYC
Programs: TK Miles&Smiles, AAdvantage, Flying Blue
Posts: 295
. There are also quite a few star travel bloggers so maybe it is also not so surprising so many people of Chinese origins participated in.And I really wonder what if it was an error to/from the United States. Might highly likely be a different scenario!?