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-   -   CNBC: Man sues airline because he got sparkling wine not Champagne (https://www.flyertalk.com/forum/travel-news/1873320-cnbc-man-sues-airline-because-he-got-sparkling-wine-not-champagne.html)

RandomNobody Oct 22, 2017 12:10 am

CNBC: Man sues airline because he got sparkling wine not Champagne
 
https://www.cnbc.com/2017/10/20/man-...on-flight.html


A Canadian man has reportedly filed a lawsuit against Sunwing Airlines after being served sparkling wine rather than Champagne.


Madone59 Oct 24, 2017 7:28 am

This is worse than first world problems!

Also isn't there fine print someplace that everything is dependent on route and availability? I think it is literally in the in flight magazine.

CPRich Oct 24, 2017 9:12 am

Google still has a result of "Champagne Service", but clicking through now shows

Award-winning inflight service

- Welcome glass of sparkling wine
Wayback shows, from last year:

Fly Better - Champagne Service*

- Welcome glass of sparkling wine
So it uses the word "Champagne" in the marketing name, specifically calling out "sparkling wine" in the description. Is Quebec learning from the US legal system?

KDS777 Oct 29, 2017 5:09 pm

All champagnes are sparkling wine, but not all sparkling wines are champagne.

On Sunwing I'd be more concerned about the pilot being sober, the truth be told.

https://www.thestar.com/news/canada/...-8-months.html

gobluetwo Oct 30, 2017 2:11 pm

Is this guy serious? Per the googles, doesn't seem like advertising champagne and serving sparkling wine rises to the level of "high-handed, malicious" and "highly reprehensible." I guess unless you're the snobbiest of wine snobs...


Generally, punitive damages are imposed in rare circumstances where there has been high-handed, malicious, arbitrary or highly reprehensible misconduct that departs markedly from ordinary standards of decent behaviour.
https://www.lindsayllp.ca/the-histor...ges-in-canada/

I suppose the judge could rule in the plaintiff's favor, award him $10, and call it a day.

CMA45 Oct 31, 2017 6:46 pm


Originally Posted by Madone59 (Post 28970058)
This is worse than first world problems!

Some people will complain about anything.

daniellam Nov 2, 2017 9:21 pm


Originally Posted by gobluetwo (Post 28995676)
Is this guy serious? Per the googles, doesn't seem like advertising champagne and serving sparkling wine rises to the level of "high-handed, malicious" and "highly reprehensible." I guess unless you're the snobbiest of wine snobs...


https://www.lindsayllp.ca/the-histor...ges-in-canada/

I suppose the judge could rule in the plaintiff's favor, award him $10, and call it a day.

Or a cheap $10 of not so well known Champagne.

EricH Nov 5, 2017 7:25 am


Originally Posted by daniellam (Post 29011917)
Or a cheap $10 of not so well known Champagne.

Or a cheap $10 bottle of sparkling wine with the word "Champagne" on the label. And make him drink it on the spot as a penalty for wasting everyone's time.

JamesBigglesworth Nov 8, 2017 6:22 pm


Originally Posted by gobluetwo (Post 28995676)
I suppose the judge could rule in the plaintiff's favor, award him $10, and call it a day.

No. That just encourages them. In any sane legal system, the Registrar would refuse to lodge the case.

CPRich Nov 9, 2017 9:28 am


Originally Posted by KDS777 (Post 28992009)
All champagnes are sparkling wine, but not all sparkling wines are champagne.

Yes, I assumed that was generally known.

My point was that "Champagne Service" was a brand/product name - like advertising "The World’s Most Effective" or "Less is More” or "“Better Ingredients. Better Pizza”" - which have never been held to factual standards, per US law. I'd say "Champagne Service" falls into that realm, especially when qualified with actual services. (iirc - "Puffery is not illegal and is a common method used in advertising.").

The actual description of the service being offered specifically calls for "sparkling wine".

I don't know if product marketing tag lines are legally binding in Canadia, but in the US there's no case here.

KDS777 Nov 9, 2017 12:27 pm

We have a couple of government authorities here that investigate consumer complaints such as these kind of things (if merited), but as to the specific case law and how this action would play out at trial re: advertising standards, I cannot answer.

BTW, here in Canada, if you sue someone and lose, you pay their legal costs.

gobluetwo Nov 9, 2017 2:44 pm


Originally Posted by JamesBigglesworth (Post 29037849)
No. That just encourages them. In any sane legal system, the Registrar would refuse to lodge the case.

Of course; I was being facetious.


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