[FARE GONE] Wickedly Low Biz Class Fare from YYZ to LCA (Cyprus) on AZ (Alitalia)
Apr 6, 06, 9:52 pm
#2296
Join Date: Aug 2004
Location: Toronto
Posts: 200
[QUOTE=HepperSchepp]
Where do you people come up with these outlandish statements? See following:
MISTAKE AS TO THE TERMS OF THE CONTRACT
Where one party is mistaken as to the nature of the contract and the other party is aware of the mistake, or the circumstances are such that he may be taken to be aware of it, the contract is void.
For the mistake to be operative, the mistake by one party must be as to the terms of the contract itself. See:
Hartog v Colin & Shields [1939] 3 All ER 566
The precedent was set by Hartog v Colin and Shields [1939]3 All ER 566 in which there was a pricing error where the seller thought he was pricing per pound, but the cost was actually calculated per item. The Court held that the purchaser could not reasonably have supposed that the offer expressed the real intention of the person making it, and must have been aware it was a mistake. The purchaser therefore did not, by his acceptance of the offer, make a binding contract with the seller. This would give an online retailer a defence if the price of a product was so ludicrously low that the intention to create legal relations could not be formed.
So get off your high horse....
How about ratification? A voidable contract usually cannot be set aside if the person entitled to apply for relief has ratified it. By confirming the reservations and issuing ticket numbers (obviously in the case of those who were issued tickets), didn't Alitalia ratify the booking?
Originally Posted by PHLDividends
Where do you people come up with these outlandish statements? See following:
MISTAKE AS TO THE TERMS OF THE CONTRACT
Where one party is mistaken as to the nature of the contract and the other party is aware of the mistake, or the circumstances are such that he may be taken to be aware of it, the contract is void.
For the mistake to be operative, the mistake by one party must be as to the terms of the contract itself. See:
Hartog v Colin & Shields [1939] 3 All ER 566
The precedent was set by Hartog v Colin and Shields [1939]3 All ER 566 in which there was a pricing error where the seller thought he was pricing per pound, but the cost was actually calculated per item. The Court held that the purchaser could not reasonably have supposed that the offer expressed the real intention of the person making it, and must have been aware it was a mistake. The purchaser therefore did not, by his acceptance of the offer, make a binding contract with the seller. This would give an online retailer a defence if the price of a product was so ludicrously low that the intention to create legal relations could not be formed.
So get off your high horse....
How about ratification? A voidable contract usually cannot be set aside if the person entitled to apply for relief has ratified it. By confirming the reservations and issuing ticket numbers (obviously in the case of those who were issued tickets), didn't Alitalia ratify the booking?
Apr 6, 06, 9:53 pm
#2297
Join Date: Oct 2005
Location: TLV now - formerly LAS
Programs: The King of Rental Cars, BA Gold, Virgin Gold, AA Lifetime Gold, Hotel Elite
Posts: 7,258
Originally Posted by HeathrowGuy
For anyone who's interested, here's the AZ General Conditions of Carriage:
http://www.alitalia.com/Images/CGT_e...tcm9-10352.pdf
http://www.alitalia.com/Images/CGT_e...tcm9-10352.pdf
5.1. The Carrier or its authorised agents will record the passenger’s reservation and give the passenger written confirmation if so requested by him/her. Only the reservation confirmed in the system that the Carrier uses to record reservations for its flights will be considered valid. The Carrier will not be liable for any damage caused by lack of or mistaken recording if not attributable to Carrier’s own negligence or with intent.
Some fare rules may include conditions that limit or exclude the passenger’s right to cancel or change reservations on Carrier’s flights.
Some fare rules may include conditions that limit or exclude the passenger’s right to cancel or change reservations on Carrier’s flights.
If AZ never booked the ticket in their reservation system, they can cancel it without violating their Conditions of Carriage. If it hit their system and is due to their negligence, they must ticket it. Simple way to tell is if you have a ticket number, it probably hit their system. No ticket number = no recourse.
Am I correct in my interpretation?
Apr 6, 06, 9:55 pm
#2298
Join Date: Jan 2006
Location: BNA
Programs: HH Silver IHG Platinum
Posts: 3,727
I see software being written here that would curb such activities. Since I am not in that field, however, I don't know exactly what be needed to implement such software, so please don't flame me over that.
Apr 6, 06, 9:56 pm
#2299
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Join Date: Jul 2001
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Posts: 100,441
Originally Posted by Mrp Alert
Please read article 5.1 very carefully:
I am not a lawyer, but I think the debate is centered as to whether the ticket hit the AZ reservation system.
If AZ never booked the ticket in their reservation system, they can cancel it without violating their Conditions of Carriage. If it hit their system and is due to their negligence, they must ticket it. Simple way to tell is if you have a ticket number, it probably hit their system. No ticket number = no recourse.
Am I correct in my interpretation?
I am not a lawyer, but I think the debate is centered as to whether the ticket hit the AZ reservation system.
If AZ never booked the ticket in their reservation system, they can cancel it without violating their Conditions of Carriage. If it hit their system and is due to their negligence, they must ticket it. Simple way to tell is if you have a ticket number, it probably hit their system. No ticket number = no recourse.
Am I correct in my interpretation?
Apr 6, 06, 9:57 pm
#2300
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Join Date: Jul 2001
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Originally Posted by AvalancheZ71
I see software being written here that would curb such activities. Since I am not in that field, however, I don't know exactly what be needed to implement such software, so please don't flame me over that.
Apr 6, 06, 9:58 pm
#2301
Join Date: Sep 2001
Location: Hyderabad
Posts: 4,840
Originally Posted by bhatnasx
Honestly, although I haven't called yet (haven't had the time or inclination yet), I don't think there'd be an issue if you called - maybe you should just give them a call...
This was for an itinerary that was ticketed and never cancelled by Orbitz.
Apr 6, 06, 9:59 pm
#2302
Join Date: Nov 2004
Posts: 6,138
[QUOTE=MrZhu]
MrZhu is a member of a legal insurance plan that would let him file a case for free. I suppose you could say. What the hey, MrZhu has nothing to lose.
MrZhu and Stephem have at least one thing in common 
Stephem has something like that thru Stephem's employer, it helped Stephem get a giant Dell flatscreen monitor for about $15...
One thing I'm noticing is that I may really have gotted screwed by not using Orbitz. I was on very early last night (I actually received ticket # and in fact all my paper tickets) but I couldnt get Orbitz to pull up the routings I wanted. Greedy me, I wanted to get the 777 back into the NYC area and then bail on the last Air Canada segment so we could get a cheap flight back to SEA from EWR. Man, I will be bummed if I miss out on 6 of these tickets because I found better routings on Cheaptickets than on Orbitz. I'm praying that the alleged common parent ownership that others have talked about (Orbitz and CT owned by same parent corp) will help out. That or the legal insurance plan that Stephem has
Originally Posted by azaidi001
MrZhu is a member of a legal insurance plan that would let him file a case for free. I suppose you could say. What the hey, MrZhu has nothing to lose.
Stephem has something like that thru Stephem's employer, it helped Stephem get a giant Dell flatscreen monitor for about $15...
One thing I'm noticing is that I may really have gotted screwed by not using Orbitz. I was on very early last night (I actually received ticket # and in fact all my paper tickets) but I couldnt get Orbitz to pull up the routings I wanted. Greedy me, I wanted to get the 777 back into the NYC area and then bail on the last Air Canada segment so we could get a cheap flight back to SEA from EWR. Man, I will be bummed if I miss out on 6 of these tickets because I found better routings on Cheaptickets than on Orbitz. I'm praying that the alleged common parent ownership that others have talked about (Orbitz and CT owned by same parent corp) will help out. That or the legal insurance plan that Stephem has
Apr 6, 06, 10:06 pm
#2303
Join Date: Jan 2006
Location: BNA
Programs: HH Silver IHG Platinum
Posts: 3,727
Originally Posted by GUWonder
Well, a "cheap" solution to close the window I've already suggested. The OP could sell his tool as a "catch" product to give the airline an opportunity to close down the window sooner or even zero out inventory if the cost per mile goes below X per mile. This could be done in the same method as the OP notified us.
Apr 6, 06, 10:06 pm
#2304
Join Date: May 2005
Location: here
Posts: 1,828
[QUOTE=stephem]
what is that all about?
Originally Posted by MrZhu
MrZhu and Stephem have at least one thing in common
Stephem has something like that thru Stephem's employer, it helped Stephem get a giant Dell flatscreen monitor for about $15...
Stephem has something like that thru Stephem's employer, it helped Stephem get a giant Dell flatscreen monitor for about $15...
Apr 6, 06, 10:12 pm
#2306
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Join Date: Jul 2001
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Posts: 100,441
Originally Posted by iloveipods
Any news from CT or travelocity?
My situation is as follows. My ticketed CheapTickets itinerary shows as cancelled from the morning. Most of my ticketed Travelocity itineraries show as cancelled now too (i.e., some seem the same as before) but were fine until the evening EST. All my ticketed Orbitz itineraries show as cancelled too but have been that way since after c. 10 a.m. EST.
What is bizarre with my Travelocity ticketed itineraries is that there seems to be no rhyme nor reason -- as far as I can tell -- on why the reservations that disappeared as "cancelled" did as they did while the others did not.
Apr 6, 06, 10:14 pm
#2307
Join Date: Aug 2004
Location: Toronto
Posts: 200
I don't think Orbitz will pull through for everyone. I had been issued ticket numbers and confirmations, but a CSR told me that because the ticket was cancelled and was already sent for processing to be refunded, it can never be reinstated.
I guess I was just saved the cost of a hotel in LCA
I guess I was just saved the cost of a hotel in LCA
Apr 6, 06, 10:15 pm
#2308
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Join Date: Jul 2001
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Originally Posted by bacan
I don't think Orbitz will pull through for everyone. I had been issued ticket numbers and confirmations, but a CSR told me that because the ticket was cancelled and was already sent for processing to be refunded, it can never be reinstated.
I guess I was just saved the cost of a hotel in LCA
I guess I was just saved the cost of a hotel in LCA
Perhaps AZ's and Orbitz's feet need to be held over a media fire still?
Apr 6, 06, 10:18 pm
#2309
Join Date: May 2003
Location: Denver, CO, USA
Posts: 41
Originally Posted by bacan
I don't think Orbitz will pull through for everyone. I had been issued ticket numbers and confirmations, but a CSR told me that because the ticket was cancelled and was already sent for processing to be refunded, it can never be reinstated.
I guess I was just saved the cost of a hotel in LCA
I guess I was just saved the cost of a hotel in LCA
Oh well, would have liked to go but can't really complain.
Apr 6, 06, 10:19 pm
#2310
Suspended
Join Date: Jun 2005
Programs: Continental Gold Elite, United Premier Executive
Posts: 6,766
Originally Posted by AvalancheZ71
I hope that does not happen.
