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Old 28th Oct 2013, 23:48
  #1537 (permalink)  
davidjohnson6
 
Join Date: Sep 2008
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In theory, I can draw up a contract with various clauses which essentially amount to extortion if you fail to comply with my requirements. If you then break one of those conditions, I could then demand that you pay me lots of money.

In some cases, it's possible that you wish to keep the whole matter private and are willing to just give me the money so that I go away - but this is only if it's either embarassing for you to disclose the matter publicly, or we have some sort of ongoing commercial relationship.

Alternatively, you might instead claim that the T&C was an unfair contract that breached the laws of the relevant country and challenge my contract in court. While I have no specific knowledge of Spanish law, a country with a well developed legal system usually has some sort of rules governing what form of contracts are and are not valid. It is entirely possible that a judge anywhere in the EU can rule that a "pay 70 euros for boarding card reissue" clause is unfair and void it from the rest of the contract.

With regards to Spain needing Ryanair to bring tourists, this is true. However, it's the executive branch of Govt that needs tourists and holds power by virtue of elections every few years. The judiciary does not campaign for votes, does not hold the purse strings of tax revenues, cannot create new laws and does not have to worry particularly about the economy or unemployment. In an EU democracy, judges and the judiciary typically will not accept much interference from politicians. However much Spain needs Ryanair to boost the economy, a judge will be concerned only with existing laws and the Ryanair contract - to think otherwise suggests democracy in Spain is weaker than it claims

Last edited by davidjohnson6; 29th Oct 2013 at 01:31.
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