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[FARE GONE] Wickedly Low Biz Class Fare from YYZ to LCA (Cyprus) on AZ (Alitalia)

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[FARE GONE] Wickedly Low Biz Class Fare from YYZ to LCA (Cyprus) on AZ (Alitalia)

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Old Apr 8, 2006, 10:26 pm
  #2971  
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Originally Posted by gldwebs
Of course they probably did not need to honor the ticket in the first place either. Under the reasonable person test, if a reasonable person can understand the contract to be a mistake then the contract is voidable - consideration or no consideration.

While I think it is slimy to change the rules, saying they have to honor the original rules is like saying they have to give you the original ticket. They don't but they are being nice.

Gary

PS: It was a lot easier accepting that I cant add a long stopover in Italy when I got a nice guidebook on Cyprus - great looking country.
There are several ways to void a contract, including the contract being an "obvious mistake". Other airlines have had sales for even less than $33 round trip, pre-tax. There is no way this price would fail such a test.

AZ isn't honoring this ticket out of generosity. They are honoring it because they are legally obligated to do so.
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Old Apr 8, 2006, 10:30 pm
  #2972  
 
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Originally Posted by Spiff
There are several ways to void a contract, including the contract being an "obvious mistake". Other airlines have had sales for even less than $33 round trip, pre-tax. There is no way this price would fail such a test.
Show me one airline that has ever had a publicly offered BUSINESS CLASS, transatlantic, unrestricted ticket for under $100 (in 2006 dollars) that was not a mistake and was available for general booking and I will give you a free NW $100 off e-cert.

Gary

PS: Only one winner (just in case I am totally wrong)
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Old Apr 8, 2006, 10:30 pm
  #2973  
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Originally Posted by gldwebs
Of course they probably did not need to honor the ticket in the first place either. Under the reasonable person test, if a reasonable person can understand the contract to be a mistake then the contract is voidable - consideration or no consideration.
Once upon a time I would take these fares to be mistakes that would make the contracts unconscionable. Now I just understand that businesses deem such anomalies the price for gaining business-wise from automation. And AZ itself is peddling this as a "promotional" fare. So much for "mistake".
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Old Apr 8, 2006, 10:33 pm
  #2974  
 
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Originally Posted by Spiff
AZ has no legal choice in the matter. They must honor all the fare rules that were in place at the time of ticketing or they are in breach of contract.
Agreed. If I remember correctly during a contract law class, if the company who strikes the agreement with you reigns and offers something different, they must give you consideration to accept the new contract or reject it. If you accept the new contract that would supercede the original contract. If you reject the amended agreement, the prior contract stands.

Subsequently, also as I recall, if you're stuck in Italy etc, you may say "do whatever it takes to get me there" (even if you have to charge to your credit card) to fulfill the original contract...you can always recollect the money later.

Anyone remember contract law better than I?
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Old Apr 8, 2006, 10:34 pm
  #2975  
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Originally Posted by GUWonder
Exactly. AZ's changing of the fare rules doesn't fly.
Not quite - it can fly if they provide us some consideration for the change...
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Old Apr 8, 2006, 10:35 pm
  #2976  
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Originally Posted by gldwebs
Show me one airline that has ever had a publicly offered BUSINESS CLASS, transatlantic ticket for under $100 (in 2006 dollars) that was not a mistake and was available for general booking and I will give you a free NW $100 off e-cert.

Gary

PS: Only one winner (just in case I am totally wrong)
Not transatlantic: Alitalia India's reps kept telling me -- whenever I called there throughout most of 2005 -- that the DEL-LHR $22 fare was a one-day promotional business fare. Now, some of us know better because it was a currency-related issue, but the AZ staff in India consistently would tell me it's a promotional business fare and they can do nothing more about them without triggering a reprice. (Of course they were wrong about that too.)
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Old Apr 8, 2006, 10:36 pm
  #2977  
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Originally Posted by HeathrowGuy
Not quite - it can fly if they provide us some consideration for the change...
"We all have our price", right?
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Old Apr 8, 2006, 10:38 pm
  #2978  
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Originally Posted by gldwebs
Show me one airline that has ever had a publicly offered BUSINESS CLASS, transatlantic ticket for under $100 (in 2006 dollars) that was not a mistake and was available for general booking and I will give you a free NW $100 off e-cert.

Gary

PS: Only one winner (just in case I am totally wrong)
Irrelevant. An "average" traveler probably has no idea what "business class" is.

You can't add so many conditions to the definition of "reasonable" when buying an airline ticket to determine whether its an obvious mistake or not.

The fact is, millions of airline tickets are sold for less than $200, which is the total cost of this ticket. These are not mistakes. The airline and the passenger have a contract that exists as soon as the reservation is ticketed. The onus is not on the passenger to research fare histories and determine if the price is "correct" for every ticket that he/she buys. The airlines have a most convoluted pricing scheme and in this case, it completely removes the "obvious mistake" possibility. I'm willing to bet my assertion will hold up in court.

PS: thanks, but no more NW tickets for me until Coach Choice is canceled.
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Old Apr 8, 2006, 10:38 pm
  #2979  
 
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Originally Posted by party_boy
Agreed. If I remember correctly during a contract law class, if the company who strikes the agreement with you reigns and offers something different, they must give you consideration to accept the new contract or reject it. If you accept the new contract that would supercede the original contract. If you reject the amended agreement, the prior contract stands.

Subsequently, also as I recall, if you're stuck in Italy etc, you may say "do whatever it takes to get me there" (even if you have to charge to your credit card) to fulfill the original contract...you can always recollect the money later.

Anyone remember contract law better than I?
Your contract law reference is correct. If they honor the ticket and begin to fly you, you now have evidence of performance on both parties (you paid, they flew). At this point ALL points of the original contract must be upheld. If they deviate from the contract you have recourse to sue for the benefit of the original deal. All costs above the original deal you incur attempting to fulfill said deal would be recoupable in court.

This still does not address whether the ticket is voidable based on the reasonable person test for valid consideration - but as I noted, performance signifies acceptance. A good questions is whether them performing any act related to the ticket (say, assigning seats over the phone or adding a FF#) represents performance in any way.
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Old Apr 8, 2006, 10:38 pm
  #2980  
 
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Yes I do have my price. *Dr Evil Voice* Just One MILLLION frequent flyer miles HAHAHAHAHAHAHAHAH...i mean 1 BILLION Frequent flyer miles!
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Old Apr 8, 2006, 10:40 pm
  #2981  
 
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Originally Posted by GUWonder
Not transatlantic: Alitalia India's reps kept telling me -- whenever I called there throughout most of 2005 -- that the DEL-LHR $22 fare was a one-day promotional business fare. Now, some of us know better because it was a currency-related issue, but the AZ staff in India consistently would tell me it's a promotional business fare and they can do nothing more about them without triggering a reprice. (Of course they were wrong about that too.)
You just saved me a lot of research time about whether you would win. Incorrect currency is an obvious mistake. They may have called it a "promotional fare" afterward, but thats just called good CYA.
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Old Apr 8, 2006, 10:41 pm
  #2982  
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Originally Posted by party_boy
Subsequently, also as I recall, if you're stuck in Italy etc, you may say "do whatever it takes to get me there" (even if you have to charge to your credit card) to fulfill the original contract...you can always recollect the money later.
This is how AZ may be flying some people for free (and/or later forced to pony up): if someone flies the outbound and then is denied date changes for their return, then the passenger could contest the ticket charges and/or seek (at least) compensatory damages for AZ's breach. That could make things interesting.
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Old Apr 8, 2006, 10:42 pm
  #2983  
 
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Originally Posted by gldwebs
Your contract law reference is correct. If they honor the ticket and begin to fly you, you now have evidence of performance on both parties (you paid, they flew). At this point ALL points of the original contract must be upheld. If they deviate from the contract you have recourse to sue for the benefit of the original deal. All costs above the original deal you incur attempting to fulfill said deal would be recoupable in court.

This still does not address whether the ticket is voidable based on the reasonable person test for valid consideration - but as I noted, performance signifies acceptance. A good questions is whether them performing any act related to the ticket (say, assigning seats over the phone or adding a FF#) represents performance in any way.
Would prior performance count? For example, If I flew one of my tickets, a reasonable person would assume all of my tickets would be valid.
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Old Apr 8, 2006, 10:43 pm
  #2984  
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Originally Posted by gldwebs
You just saved me a lot of research time about whether you would win. Incorrect currency is an obvious mistake. They may have called it a "promotional fare" afterward, but thats just called good CYA.
Once such things become accepted as promotional fares -- and they are being peddled as such by the airline itself *-- they can be considered such again by a reasonable person.

-------
* The airlines motivation (such as CYA) is not relevant. Parties to a contract are not required to be mind-readers for a contract to be enforceable.
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Old Apr 8, 2006, 10:45 pm
  #2985  
 
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Originally Posted by GUWonder
This is how AZ may be flying some people for free (and/or later forced to pony up): if someone flies the outbound and then is denied date changes for their return, then the passenger could contest the ticket charges and/or seek (at least) compensatory damages for AZ's breach. That could make things interesting.
Yes, I agree it would make things quite interesting. Although I don't plan on making changes (one vacation followed by a subsequent MR), I may need to do so to extend my trip.
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