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Boarding a plane in between flights?

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Old 19th Oct 2009, 16:44
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So if I don't turn up are you saying the airline can get a judge to force me to turn up for the next flight?
No, not unless it in the conditions of carriage, and guess what? It isn't! If you don't turn up you forfeit the fare, unless the terms you agreed to permit otherwise. It is a case of understanding the contract you are entering into, rather than wishing the terms were something other than those agreed.
But less sillyness, an analogy. If I purchased a three course meal in advance and decided not to take the starter do you think it would OK for the restaurant to refuse me the main? Or if I was delayed in traffic and got there too late for the starter it would be OK to refuse me the main?
It doesn't matter what I think, it only matters what contract you have agreed to. If you have paid for a set menu and elect to only eat part of it, I would imagine the only perceived loss would be yours, and the restaurant would be under no obligation to refund you for the uneaten course. Obviously it would be unusual to pay for a three course meal in advance, so presumably you would only do so in accordance with special terms and conditions. Clearly if you were eating there a la carte You would only pay for what you ordered and consumed.

Nobody is suggesting you will be "forced to get on the damn flight" having paid for it, you can please yourself. The crux of this discussion concerns the terms and conditions of a contract for somebody who elects to vary them in contravention of those previously agreed. In other words it is about somebody wanting to take advantage of the price reduction on offer for accepting particular restrictions, and then deciding that those restrictions shouldn't apply in their case, but the price advantage should.
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Old 19th Oct 2009, 16:54
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I think you misunderstand what a contract is.
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Old 19th Oct 2009, 17:20
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I think you misunderstand what a contract is.
A contract, at least the type discussed here, is bilateral. You may be overlooking that.
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Old 19th Oct 2009, 17:24
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A contract is an agreement between two or more persons (individuals, businesses, organizations or government agencies) to do, or to refrain from doing, a particular thing in exchange for something of value. Contracts generally can be written, using formal or informal terms, or entirely verbal. If one side fails to live up to his/her/its part of the bargain, there's a "breach" and certain remedies for solving the differences are available. The terms of the contract - the who, what, where, when, and how of the agreement - define the binding promises of each party to the contract.

I think you misunderstand what a contract is
If you say so? However this discussion is about the terms contained within a contract of carriage. Setting aside your examples of being a human foie gras, I am not entirely clear what point you are trying to make? The original poster was arguing that the terms and conditions contained within his proposed contract, he felt, might be waived on the grounds of "common sense" or an EU travel directive that dealt with common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
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Old 19th Oct 2009, 17:32
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A contract, at least the type discussed here, is bilateral. You may be overlooking that.
All contracts are 'bilateral'.

Bealzebub said I would be in breach of contract if I failed to turn up for the first sector. Then he said it was up to me whether I turned up. They cannot both be true. That is a fundamental misunderstanding of what a contract is.

But then it does appear to be a kneejerk reaction of Airline employees to blame the customer

I think what Bealzebub was wanting to say was that by not turning up for the first sector the passenger had waived his rights and the airline didn't have to deliver on sector two. In his opinion of course.
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Old 19th Oct 2009, 18:43
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I'm not an airline employee, although I have been, but I agree with Bealzebub, but then I would, wouldn't I, and of course that makes me wrong, in your view.

It's nothing to do with kneejerk reactions, but if you want a cheap fare it will have restrictions, the points discussed being part of them. If you want a full unrestricted fare it will cost you more, it's really that simple and trying to argue otherwise is pissing into the wind.
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Old 19th Oct 2009, 18:59
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I was referring to bealzebub not you. But what do you think? Do you forgo your rights to the main course of a three course lunch, paid for in advance, because you didn't want the starter?

And what has the price of a deal got to do with your obligations/rights under general contract law? Two people sitting next to each other on a flight with exactly the same fare rules can pay totally different prices. That's how the airline likes it, that's what the airline does, don't start arguing you have more rights because you paid more. The airlines will never go for that, and neither would a judge.
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Old 19th Oct 2009, 21:25
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Bealzebub said I would be in breach of contract if I failed to turn up for the first sector. Then he said it was up to me whether I turned up. They cannot both be true. That is a fundamental misunderstanding of what a contract is.
Not really - it is up to you if you wish to breach the contract.

I was referring to bealzebub not you. But what do you think? Do you forgo your rights to the main course of a three course lunch, paid for in advance, because you didn't want the starter?
If you had agreed to a contract where for the provision of a fee you would be given a three course meal, provided that you ate all three courses? Yes.

And what has the price of a deal got to do with your obligations/rights under general contract law? Two people sitting next to each other on a flight with exactly the same fare rules can pay totally different prices. That's how the airline likes it, that's what the airline does, don't start arguing you have more rights because you paid more. The airlines will never go for that, and neither would a judge.
You're right. The price has nothing to do with it - the terms and conditions are all that matter. Yet, in general, if you're willing to pay more the airline will offer you more flexible terms.
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Old 20th Oct 2009, 00:12
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The only thing slightly similar is that I booked a return flight Manchester to Hong Kong, and then on the return segment needed to goto Nice, so bought an award ticket from Charles de Gaulle to Nice. I checked in for both flights, and since I was travelling hand baggage only, arrived in Charles de Gaulle and got onto my Nice flight instead of my Manchester flight. Unfortunately I dont know the selfish repurcussions for the CDG-MAN flight and its passengers for me failing to turn up, but I reached my destination and never heard anything more. This was in July.
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Old 20th Oct 2009, 12:27
  #30 (permalink)  
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It is perhaps worth noting that a lower German court took the same view as Scumbag in a similar matter (of an airline ticket, not a dinner.)
 
Old 20th Oct 2009, 12:36
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It is perhaps worth noting that a lower German court took the same view as Scumbag in a similar matter
Can you post a direct hyperlink to this verdict by the German court F3G? Should be an interesting read.
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Old 20th Oct 2009, 13:16
  #32 (permalink)  
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No I can't, sorry.

It was widely discussed on another frequent flyer forum.

However, as it was a low court, it does not set a legal precedent.
 
Old 20th Oct 2009, 13:19
  #33 (permalink)  
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I'm just using my common sense here.
Ah, I think I've just spotted the flaw in your argument ...

Don't try to compete with airline revenue mgmt, particularly when it has 60+ years of international agreements by govts and companies to maximise their revenue and maintain their market share.
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Old 20th Oct 2009, 19:17
  #34 (permalink)  
 
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Can I tweak your analogy?

If I purchased a three course meal in advance and decided not to take the starter do you think it would OK for the restaurant to refuse me the main? Or if I was delayed in traffic and got there too late for the starter it would be OK to refuse me the main?
OK, what if you have a look at the three course meal and decide that's what you want, but you much prefer the price being charged for only one course? Do you think the restaurant would let you have the three course meal for the price of only one course? In particular if you try and get this without their knowledge or agreement!

(Pun warning!) Of course not. But why is it then OK to get a non-stop AMS-KUL service for the price of an indirect LHR-AMS-KUL service?

Airlines have a price for just about any service you want to buy. But it isn't your choice what price you pay for it, it is theirs. You agree to it, or you don't. Saying it isn't logical (in your humble opinion) for a longer journey to cost less than a shorter journey doesn't actually matter. In the airline's opinion it makes all the sense in the world.

Every time I see this subject discussed I see one common thread. It is that the consumer wants, without the agreement of the airline, to substitute the price the airline has established for it's service, with the price of another service that airline offers. Consumers don't try the same in a restaurant do they? So why is it a problem when an airline insists on getting its price for its service?

The lower German court may have sided with the passenger, but when it got to the higher court, they agreed with Lufthansa. The contract was for a journey from the point of departure, via agreed stopping points to the destination. The passenger could not substitute a different journey at the price they paid. (apologies in advance, but I don't have a link to this)

If you really want a cheaper ticket for AMS-KUL try an indirect flight via another gateway - I'm sure you will find many choices at a lower price.
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Old 21st Oct 2009, 08:09
  #35 (permalink)  
 
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I think you have tweaked my analogy beyond my recognition. As I said earlier, what has the price you pay got to do with your rights/obligations with respect to the contract? The price you pay is set by the airline and you either accept it or not. In return you get to enjoy a seat on one of their planes. The person next to you has likely paid a different price but gets the same seat. Price is irrelevant.

Unless, of course, you are an airline and one of their passengers gets a 'deal', then the airline whines. If the airline gets to charge a extortionate price for a walk up fare then the airline says that's business.

But anyway.

The contract was for a journey from the point of departure, via agreed stopping points to the destination. The passenger could not substitute a different journey at the price they paid.
Now that's something we can get our teeth into. Again, price is irrelevant (IMO) one millisecond after the deal has been struck. What is relevant is the first part, what do you buy from an airline?

One side (customer, the consumer) says he pays for a seat on a flight from A-B. He also pays for a seat on a flight from B-C. Those are his to use as he sees fit and if he chooses not to use A-B seat he still has B-C. The price paid is irrelevant, all that matters is that he has paid.

Airline says he has paid from A-C and that is exactly what the airline will do, he must travel via B.

Now, there was a thread recently where consumer paid airline to get from GIB-MIA via LGW. He went via LGW because he had a family and luggage and wanted a smooth through journey. Paid for the ticket at the price the airline asked. Price now, IMO, irrelevant.

Airline cancelled flight GIB-LGW. Airline said passenger was now booked on flight GIB-LHR and flight LGW-MIA. Ok, one might think, the airline says the passenger has paid from GIB-MIA and that is what the airline will do.

BUT

Airline said passenger had to pay his own way, and carry his own luggage, from LHR-LGW. All of a sudden the intermediate stop as ticketed was not part of the contract. Funny that, isn't it.
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Old 21st Oct 2009, 08:29
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anyone else feel the need to say that Scumbag O'Reilly is correct, just to get them to shut the up? they are obviously one of those people who - no matter what the overwhelming evidence against their argument is - they are always right. everyone else is wrong except them. they must be right because they know everything, and they know best.

BTW Scumbag O'Reilly - are you my wife?
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Old 21st Oct 2009, 09:31
  #37 (permalink)  
 
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What on earth has your revealing that your wife is obviously cleverer than you got to do with the subject matter of this thread? ExXB asked me some questions and I responded, civily in my opinion. He raised some excellent points which took the discussion on. You really should keep your head down
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Old 21st Oct 2009, 09:31
  #38 (permalink)  
 
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All of the posters on this topic make very valid aruguments. I like Scumbag O'Reilly's angle of viewpoint, but I don't think the drawing of a parallel with a restaurant menu would pass muster either at an airport or in court. As has already been pointed out, it is misguided to attempt to apply logic to fare rules - it just doesn't work!

You see, restaurants do not have any political pressure applied when setting their tariffs or any international agreements.

In any event, most airline reservation systems are such that failing to show for one sector results in the rest of the traeller's itinerary being automatically cancelled. Certainly in BA's case, no ticket agent would reinstate a booking without recalculating the fare and recharging the new amount - in the present climate, you'd probably end up on a disciplinary if you waived the fare rules!
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Old 21st Oct 2009, 09:36
  #39 (permalink)  
 
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I was thinking along the same lines as HXdave. We all know the saying "none so blind as those who won't see."

SoR clearly chooses to bulldoze anyone else's point of view out of his way. Whether or not the airlines' policies and yield management techniques are 'fair' or 'logical' is arguable, but the answer to the original question posed has been clearly stated several times and in many different ways.

Scumbag, are you French by any chance? They are also never wrong, and when they are wrong, they argue until the cows come home that they aren't.
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Old 21st Oct 2009, 10:30
  #40 (permalink)  
 
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Capetonian, You can choose not to read my posts and choose not to contribute. Also there is a chap on Question Time tonight who you might find shares your approach to other nationalities and cultures so make sure you tune in.

Bealine,

Certainly in BA's case, no ticket agent would reinstate a booking without recalculating the fare and recharging the new amount - in the present climate, you'd probably end up on a disciplinary if you waived the fare rules!
So I assume you would charge the difference? What if the new fare was less, would you process a refund? Or does it only work one way?
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