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what to do when airline warned me about numerous throw-away ticketing? ($95 vs $497)

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what to do when airline warned me about numerous throw-away ticketing? ($95 vs $497)

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Old Sep 20, 2014, 3:51 pm
  #736  
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That's an interesting letter. It leaves the discussion open about how enforceable any action is.

I suppose that one way to look at it is that, if you want to fly AAA_BBB but buy AAA-BBB-CCC and drop BBB-CCC, the 'contract you've made with the airline is AAA-CCC, and the fact that you can get off in BB is just pure unintentional luck. By getting off in BBB and not continuing, you've signaled that you really didn't want what you bought, and should be charge for the 'correct' price for AAA-BBB.
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Old Sep 20, 2014, 4:30 pm
  #737  
 
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Originally Posted by BearX220
It is the purchasing of a cheaper service, but the consumption of a more expensive one. It's much more than a breach of contract.
What would it be then? It's certainly not a crime, and I think you'd be challenged to establish a tort.
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Old Sep 20, 2014, 5:06 pm
  #738  
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Originally Posted by FlyingMBA
What would it be then? It's certainly not a crime, and I think you'd be challenged to establish a tort.
Breach of Contract is a tort. But if the airline decided to pursue someone they wouldn't sue. Not worth it. They'd bill them the difference. Or if they are Frequent Flyers with mileage, void their account.

Then let the flyer sue.
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Old Sep 20, 2014, 5:10 pm
  #739  
 
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Originally Posted by Tchiowa
Breach of Contract is a tort.
D'oh! Yes you're right, I was thinking of harms other than a breach. At any rate, the idea that this is anything even remotely criminal is absurd.
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Old Sep 20, 2014, 5:42 pm
  #740  
 
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Originally Posted by Tchiowa
Breach of Contract is a tort. But if the airline decided to pursue someone they wouldn't sue. Not worth it. They'd bill them the difference. Or if they are Frequent Flyers with mileage, void their account.

Then let the flyer sue.
Could be this is aimed more at corporate travel departments than individuals. The days of being kicked out of one airline program an welcomed by another are likely gone; they have leverage they never had before, and act in ways that imply there's a lot of cross-company CEO golf going on.

For the individual, you nailed the only punitive remedy a flyer is likely to face- voiding their miles. It doesn't really matter whether it's ethical or illegal (which is very different from the opposite of legal); all that matters is that UA can punish you in a way that has more meaning than the difference in fare, and you agreed ahead of time to abide by the rules that you broke.
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Old Sep 20, 2014, 5:49 pm
  #741  
 
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This reminds me slightly of a time we booked a hotel for a "weekend" rate that was much less than 2 regular nights (though still more than one regular night). Our plans actually changed and we checked out late in the day on Saturday. I offered to pay the "one night" rate (thinking I would at least not pay the 2 cheap night rate) and they said, "oh, plans sometimes change, so we'll just charge you half of what you paid already" (!!!)

And furthermore, the hotel *could* have charged us for a late checkout (or I suppose even the 2nd day), but did not.

Which reminds me, in turn, about how awful the airlines are (in general, not Southwest, I think) as businesses that serve customers.
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Old Sep 20, 2014, 5:57 pm
  #742  
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Originally Posted by Tchiowa
Breach of Contract is a tort. But if the airline decided to pursue someone they wouldn't sue. Not worth it. They'd bill them the difference. Or if they are Frequent Flyers with mileage, void their account.

Then let the flyer sue.
breach of contract is a tort? I have to admit that's news to me.
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Old Sep 20, 2014, 6:08 pm
  #743  
 
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Originally Posted by LHR/MEL/Europe FF
breach of contract is a tort? I have to admit that's news to me.
It's a bit of a moving target, and I think might depend on local legislation. In my understanding of Canadian law, a BOC is a tort if it wasn't due to negligence, but that could be a outdated.

Any lawyers in the readership here that could shed some light? Just out of interest.
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Old Sep 20, 2014, 6:27 pm
  #744  
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Originally Posted by FlyingMBA
It's a bit of a moving target, and I think might depend on local legislation. In my understanding of Canadian law, a BOC is a tort if it wasn't due to negligence, but that could be a outdated.

Any lawyers in the readership here that could shed some light? Just out of interest.
I read there is a tort of 'inducing' breach if contract. but I'm not familiar with an actual breach being considered a tort. Obligations under contract and tort arise differently. Well, at least that's what I was taught
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Old Sep 20, 2014, 8:58 pm
  #745  
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Originally Posted by BearX220
It is the purchasing of a cheaper service, but the consumption of a more expensive one. It's much more than a breach of contract.
It's also the purchasing of a cheaper service, and the consumption of part of that cheaper service. You can look at it either way.

Something I read many years ago had a better idea: Buy AAA-BBB-CCC; when you arrive in BBB, go to the airport bar and get plastered. The airline will deny you boarding from BBB-CCC (and, back then, even had to refund part of your fare). It certainly can't blame you for not taking a flight it didn't let you take.
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Old Sep 20, 2014, 9:09 pm
  #746  
 
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Originally Posted by LHR/MEL/Europe FF
American Airlines itself says the practice of hidden city ticketing is not illegal.

It says it is only an ethical issue and potential breach of contract. Nothing more.

AA has published a letter to that effect on their website.

http://www.aa.com/i18n/agency/Bookin...p&locale=de_DE
I don't think anyone has claimed it is illegal (i.e., criminal) have they?

A breach of contract is normally not a tort (in the U.S.), but it can be under limited circumstances usually a bad faith breach of contract.

I'm curious if there has ever been a lawsuit involving a remedy pursued by an airline due to hidden city or throwaway ticketing. So far I haven't dug anything up.
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Old Sep 20, 2014, 9:21 pm
  #747  
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Originally Posted by 84fiero
I don't think anyone has claimed it is illegal (i.e., criminal) have they?
see post #729. The inference I took being 'much more' than breach of contract was that there was an element of fraud, which would be criminal.
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Old Sep 21, 2014, 1:36 am
  #748  
 
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Originally Posted by BearX220
It is an arbitrary and irrelevant factor in the physical provision of that service -- transport from point A to point C -- that the device employed therein makes a stop at point B.
And, consequently, equally arbitrary and irrelevant whether or not the passenger decides to alight at point B.
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Old Sep 21, 2014, 1:42 am
  #749  
 
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Originally Posted by Tchiowa
It's kind of funny watching people twist, dance and spin in an attempt to justify a rather clear ethical violation. Hidden city tickets are banned. You agreed to that when you bought the ticket. If you do it, at the minimum, you lied.
There's no ethical issue here. I purchased a service from a vendor and only partially consumed that service. No harm or loss is suffered by either party (indeed, quite the opposite).
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Old Sep 21, 2014, 3:21 am
  #750  
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Originally Posted by drsmithy
There's no ethical issue here. I purchased a service from a vendor and only partially consumed that service. No harm or loss is suffered by either party (indeed, quite the opposite).
Correct, there is no ethical issue here, but from the point of view of the airline, there is a contractual one.

The price from A to B is 200. The price from A to C, via B, is 100. The fact that you can get off in B is a happy coincidence (for you). This works in a hub/spoke system. I don't want to defend these pricing policies, but there is a very real (but not immediate, or immediately obvious) loss of revenue in hidden city ticketing.
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