My rights when an airline advertises a ‘mistake’ fare?

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Viewing 15 posts - 46 through 60 (of 98 total)

  • AMcWhirter
    Participant

    Hello skywards, thanks for the feedback re China Eastern and ebookers. Glad that the matter was sorted out.

    As for rferguson it is advantageous that the OP is not travelling in the very near future so has time to sort the matter out.

    The problem is that EU passenger rights’ legislation has not kept pace with the growth in online booking with both air and rail.

    Maybe rferguson might consider trying Trading Standards or seeking further advice from the team at the CAA.


    rferguson
    Participant

    Guys, thanks for all the info and pointers from previous episodes of this happening. Skywards it was really helpful to hear about your friends outcome.

    I sent my letter off to Thai on Monday, with my booking confirmation showing Business Class and the fare paid enclosed. I initially planned to ask them to offer me a ‘compromise’ but after a discussion with an aquaintance that works for Customer Relations within a five star hotel’s loyalty program I decided to go in with the full-hit claim for what they advertised. Like this aquaintance said, there is what is ‘legal’ but there is also what is considered ‘right’ and ‘good customer service’. He suggested if I go in with the full claim Thai will more than likely offer some sort of compromise.

    So we will see. I set a 21 day deadline in my letter for Thai to reply. Otherwise I said I would go to Trading Standards and look at other avenues. So I will let you all know when (and if!) I get a reply.


    TiredOldHack
    Participant

    I recall when Kodak (remember them?) had a price mistake on their website, on a section of the site that wasn’t actually visible or accessible off the home page, but if you keyed the right url in, it showed up.

    It was offering digital cameras for £99. I imagine the developer or builder of the site needed to have a price there to test the system (list price was about £250-300 at the time), and was also silly enough to leave the page ‘live’.

    To make matters worse, this error was made and left live just before Christmas, and everyone at Kodak downed tools and went off for their Christmas holidays.

    The general public (including a number of friends of mine) discovered it, and placed orders. Lo and behold, the whole ordering system was still life. It took your credit card details, automatically confirmed the order, and issued a receipt. I cannot imagine what happened when Kodak went back to work.

    I do know they tried to back out of it, but it wa explained to them that they had taken the money and confirmed the orders, and that was a binding contract, and so they took the hit.

    Can’t see too much difference with the present case.


    syclik5
    Participant

    You should send the letter to Expedia, not to Thai. You bought the ticket with Expedia; Expedia is the agent that sold and issued the ticket; although it is a Thai ticket, Thai themselves will not want to “take over” a booking made by a third party, it’s not “their” ticket and it’s not “their” mistake. (The title of the thread is incorrect, by the way. It was not the airline that “advertised” the flight at the wrong price, it was Expedia!)

    In other words – it’s unreasonable to expect Thai themselves to pay for the mistake made by Expedia. Good luck in trying to get Expedia to re-issue your ticket in business class.


    AMcWhirter
    Participant

    TiredOldHack

    The Kodak case in 2003 is reported here along with pricing errors at Amazon:

    http://news.bbc.co.uk/1/hi/business/2864461.stm

    I also spotted a case of where, in 2003, Thai Airways had sold (on its own website) first class tickets for London-Bangkok for a very very cheap price, ie the entire ticket was sold for only the price of the taxes themselves.

    Thai refused to honour the booking.

    http://www.out-law.com/page-3516


    rferguson
    Participant

    Syclik5 that would appear to be the case, and exactly what I thought was the case as well.

    However on my confirmation from Expedia it is very clearly displayed:
    “In the sales of seat only sales Expedia acts only as an Agent for the airline and displays fares and information provided by the airline. Your contract is directly with the airline”.

    But I feel Thai won’t see it like that. In all honesty I think Thais first reply will be ‘…you didnt buy the ticket from us, take it up with Expedia’ etc etc. We will see.

    Who your contract is with online seems to vary as to what is booked. For example I discovered if I had booked a hotel online at the same time as the airfare it would have been a contract with Expedia and carried ATOL protection. But a ‘seat only sale’ it seems is dealt with differently.


    TiredOldHack
    Participant

    @LondonCity – thanks for that. Pleased to see my failing memory got it right…


    Papillion53
    Participant

    Rferguson@12:48 – I think your acquaintance from the hotel industry gave you excellent advice. 🙂


    skywards
    Participant

    AMcWhirter, You’re most welcome.

    Rferguson, My friend says feel free to contact him via his nerdy Youtube plane and hotel channel via a private message. 19bootsy68 is his username if you want more advice.


    rferguson
    Participant

    Skywards such a kind gesture, thankyou! Nerdy plane and hotel channel?? Sounds right up my street! Lol 🙂


    UrbaneGent
    Participant

    rferguson….When you go to the Thai website and put in your confirmation number, does it allow you to put in seats? Whatever cabin pops up is the cabin you have been put in (if a premium cabin pops up and allows you to confirm a seat, do it and print it! If it shows a coach cabin, don’t touch anything and log off).

    Years ago, AZ had business class from Delhi-LHR the person at AZ mistakenly put Iranian currency instead of Indian and the fare came to USD$19! I bought four tickets and AZ honoured all of them. Who knows the currencies? Next UA made a fare mistake US to NZ via SYD in C class for $1200, I bought 12 tickets, once a month and upgraded to first on the Pacific sectors.
    Play stupid, keep your printed itineraries, if you do not mind flying in coach just in case, do not call anyone. Like someone else stated, they might honour the fare and let you stay in the cabin you thought you booked. You have nothing to lose, but if I were you, I would insist they honour the ticket – check-in at the Thai business class counter and hand the check-in agent your passport open with your picture/name alongside your confirmation paper. That is what I do all the time.

    Good luck and safe travels!


    FormerlyDoS
    Participant

    IMPORTANT NOTE – THE SUGGESTION BELOW IS NOT SERIOUS

    But it would be funny to turn up with the business class confirmation and when given a Y boarding pass, to say “you have downgraded me”, here is my proof of purchase and EU261/2004 says that will be 75% of the total fare, please.

    Y class return for £234 is not bad 🙂


    skywards
    Participant

    Rferguson, Well im sure you will love his nerdy Youtube channel if you like full flight videos in business and economy also Hilton hotels.

    He has just received an email from ebookers and he receives his good will payment within 10 days. As for the flight refund now this has got him mad as China Eastern are refunding him within 8 weeks his response was, I didn’t ask for time to pay for the flights so why should I wait a possible 8 weeks for their payment to me!.


    syclik5
    Participant

    @UrbaneGent

    Unfortunately, the Thai website does not allow you to “go back” and select seats (if you book the ticket directly on their site, you CAN select seats, but you can’t input a code after the purchase is complete and select seats).

    It may be possible, however, to select seats via another Star Alliance carrier’s website – such as Lufthansa.

    Otherwise, seats can be selected by ringing Thai (which probably won’t help in this case)


    AlohaHonolulu
    Participant

    I would send them a letter holding them (Thai & Expedia) to the deal. If not, then they leave you with no recourse except to commence suit for breach of contract, fraud, unfair & deceptive trade practices, etc., where you reside. They will also be legally responsible for the difference between your promised fare and a regular business class seat. This will, at the least, give them some incentive to try to make you happy. If it doesn’t work out, have your barrister send them a even stronger letter.

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