Reply To: I constantly lie to get airplane upgrades. Is that unethical?

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Not sure why your having a pop at me FDOS, I am agreeing with you. I did not suggest I was guilty of any fraud, I was being ironic. I am in breach of the T&C’s of my ticket that to some extent might be dishonest as I have done it for financial gain. Equally someone spinning a yarn to get an upgrade is not in breach of anything other than decent behaviour. I am very clear that neither are criminal. The point I was making is that denying you your EC261 compensation may give you the opportunity to try criminal law against the airline in view of the recent Supreme Court case. I agree that employees cannot be told to do things that are illegal, so a defense in law previously would be the employee was acting outside the scope of that employment. This case likely blows that defense out of the water, it makes clear the employer is responsible for the actions of the employee during working time irrelevant of how bizarre or outrageous and unforeseen it might be.

Yoiu’re right that when you drop the last leg of a ticket, you haven’t committed a crime, you have breached a contract; that’s a civil matter, as is an airline denying my EC261 payment – it’s up to me to sue for redress (and I will, if necessary). It is by no means certain that some conditions of the contract will carry so much weight in a court, it depends how the judge sees things. If the airline employee assaulted me or stole my goods/moeny, then the criminal law would kick in.

If dropping last legs is so dishonest and causes such horrendous loss of revenues, why don’t airlines sue passengers who drop the last leg, instead of messing about refusing to check bags through on different PNRs, short check bags and other minor irritations that are easily worked around?

We’re in danger of thread drift here, so let me point back to Tom from Scotland’s opinion that this is not a particularly burning issue.

I’m the guy who went back to a shop recently, because the assistant gave me change for a 20, when I gave her a 10 and I didn’t want her to suffer from a mistake, but worry about getting one over on an airline – not me (so long as it isn’t illegal), their behaviour is sharp and unfriendly to the consumer and reciprocity comes into play – although I don’t think the tactics mentioned in the OP/linked article, will have a high success rate.

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