Moopere
Established Member
- Joined
- Feb 10, 2010
- Posts
- 2,653
There is nothing in the Contract which states the airline MUST put you in the class you paid for. This is why they can overbook W/J/F if they choose. The only thing they must do is get you from A to B (or refund your fare).
Certainly, from the airlines perspective, this is possibly what they would like their customers to believe. The argument presented would be that although carriage from A-B was conducted, that the circumstances of the carriage were not of the standard expected or advertised, or of a type that a 'reasonable person' would expect. The 'reasonable person' test (or reasonable expectation test) is one often seen and gives courts the ability to flex a bit of thought over matters like this.
The Contract does normally say you will get some sort of compensation for an involuntary downgrade however.
Certainly
In this case, the OP travelled in the correct class so the Contract was satisfied in full.
I'd certainly argue that. The carriage part of the contract may well be argued by the airline to have been fulfilled, but the payment and the contract for J & F (and other special classifications) is not only about the most basic carriage. Again, I'd expect an airline feeling unkind to really weigh heavily on the A-B argument, but I'm not sure how far the premise would get if tested.
There would simply be no real incentive for airlines to try their hardest to have most or all of the systems on board in a working state if they honestly felt there was no legal 'wiggle room' in what they may perceive to be their own black and white contract for carriage.
Very often the T&C/contracts of carriers are no more (in effect) than a statement of their own voluntary undertakings and do not speak to law per se.
In any event, cases like this can be brought to court by anyone, any time. Mostly, companies who understand a customers grievance, and do not consider it trivial or otherwise harmful to their brand, will settle in the customers favour as its just not worth their while to fire up the 'company legal machine' and they know full well that unless the case is indeed frivolous, at the very least they will smear their branding and quite possibly lose outright.
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