Aer Lingus US Seat Sale

Deleted User wrote: »

This has occurred before with air France recently (who had a mistake business fare to Oz) and they were honoured.
My opinion is that EI may be in trouble in that the booking on the site represents a contract regardless of the mistake made at EI's end.
That in my opinion is probably why they've been honoured in the past.

The Biz class ticket would cost about 3.5k return and with about a 100 of them bought,it would be a costly mistake if they have to honour it.
It depends I suppose if one of the hundred purchasers want to take it further.

Not really... you would want to check the terms and conditions attached to the website. For instance, once you order with Amazon and have received your confirmation - you have not entered into a contract. Amazon expressly only enter into a contract with you once they have dispatched the item, hence they can revoke the order at any time up until that point. The same is true of most online retailers. I don't have time to check the terms and conditions on the Aer Lingus website but I am quite sure something similar will exist - I have been told it does on Ryanair.

Furthermore, you can have a contract rescinded for an honest mistake in the case of retailing and booking.

There is no obligation on the part of Aer Lingus to honour these flights. Sorry guys.

My understanding of a "mistake" and the the opportunity to rescind a contract as a result of this is only relevant where the other party was aware of the mistake and attempted to benefit from it.

This "technical error" arose on flights to the US during Aer Lingus's heavily promoted 'US Summer Sale' week at a time when free \ cheap flights are the norm.

In my opinion, it would be near impossible for AL to legally cancel the contract claiming mistake given the above. I genuinely believe that those people who managed to secure a booking thought they had genuinely grabbed a bargain. Keep the pressure on AL to honour their contractual obligations.


Do the math:
Technical Error = 100 bookings @ €3,500 loss each = €350,000 Loss

Issue a non-specific email cancelling bookings & half those affected walk away = Loss is reduced to €175,000

Deal with the less well-informed who decide to challenge this and convince half of these with lawyer-speak that AL are entitled to cancel the bookings = Reduce the loss to €87,500

and so on and so on until the loss is reduced to a more palatible amount.

If the T's & C's contained a get-out clause or there was a specific legal point which Aer Lingus were relying on when they cancelled these bookings, you can be sure they would have quoted these chapter and verse in the cancellation email.

avantarklu wrote: »

My understanding of a "mistake" and the the opportunity to rescind a contract as a result of this is only relevant where the other party was aware of the mistake and attempted to benefit from it.

This "technical error" arose on flights to the US during Aer Lingus's heavily promoted 'US Summer Sale' week at a time when free \ cheap flights are the norm.

In my opinion, it would be near impossible for AL to legally cancel the contract claiming mistake given the above. I genuinely believe that those people who managed to secure a booking thought they had genuinely grabbed a bargain. Keep the pressure on AL to honour their contractual obligations.


Do the math:
Technical Error = 100 bookings @ €3,500 loss each = €350,000 Loss

Issue a non-specific email cancelling bookings & half those affected walk away = Loss is reduced to €175,000

Deal with the less well-informed who decide to challenge this and convince half of these with lawyer-speak that AL are entitled to cancel the bookings = Reduce the loss to €87,500

and so on and so on until the loss is reduced to a more palatible amount.

If the T's & C's contained a get-out clause or there was a specific legal point which Aer Lingus were relying on when they cancelled these bookings, you can be sure they would have quoted these chapter and verse in the cancellation email.

Your hypothesis is dependent on there being a contract though. Most companies create their terms and conditions in such a manner to limit the contract which they make. If for instance, they delay the charge to one's credit card by 48 hours as a buffer to ensure that everything is order, then there will be no consideration and without consideration there will not be a contract.

johnfás wrote: »

Your hypothesis is dependent on there being a contract though. Most companies create their terms and conditions in such a manner to limit the contract which they make. If for instance, they delay the charge to one's credit card by 48 hours as a buffer to ensure that everything is order, then there will be no consideration and without consideration there will not be a contract.

Agreed, and that is quite likely what it will boil down to. Another poster on this issue (different thread) has claimed "Providing the credit card details means the contract would be supported with "executory" or future consideration and if the other party does not honour the contract then they would be in breach. Thus a contract has been formed in this situation."

Sounds good to me

zagmund wrote: »

Imagine what would happen if you rang them up (oh, hang on a sec they will only take complaints in writing) and said you made a pricing mistake and didn't mean to book that flight to London for €200 and you were unilaterally cancelling the transaction. They would laugh, hang up and take your money, claiming you had entered a contract with them.

z

I actually tried to cancel the flights I got yesterday!! I booked them as soon as I saw them but when I contacted my mate we realised the dates booked didn't suit. Contacted Aerlingus and was told I'd only get back €88 of the €330 paid.

Decided to see if arrangments could be re-worked so as not to loose money. Spent a lot of time doing it but manged to sort it out so was very excited to by travelling.

After causing all sorts of hassle for lots of other people EI tell me tough luck?

nice1franko wrote: »

very fair point, mr z.

+1

It could easily form the basis of a case that the contract is unequal if aer lingus can claim mistake but the purchaser can't. Then again, probably all covered in ALs T&C's which we 'accept' when we tick that box. Someone should take a test case.

You are dead right kearnsr, there have been many cases of 'pricing errors' with online retailers in the past (I remember the digital camera fiasco with Apple) and the consumer always loses out.

NCA say Aer Lingus are in Breach:

http://www.consumerconnect.ie/eng/News_+_Research/Press%20Releases/Aer_Lingus_fares.html
Sorry

http://www.consumerconnect.ie/eng/News_+_Research/Press%20Releases/Aer_Lingus_fares.html

Cheers kaizersoze.

The National Consumer Agency has been in contact with Aer Lingus this morning and is seeking a meeting with senior management in the company with a view to reaching a fair deal for those customers affected.

Best of luck to all those who got the cheap flights!

dsmythy wrote: »

The louder of the seat grabbers are planning to ring into Liveline (where else hey?) to get their views on air.

Perfect clientele for premier transatlantic seats :rolleyes:

I can just picture the scene as the freeloaders take their seats beside somebody who has paid over 3k for the privilege! A fiver you say :eek:

kearnsr wrote: »

But can they actually do anything? If no contract exists what can they do?

According to someone on the radio this morning, payment was taken on some credit cards (and subsequently refunded).

If that was the case, the contract was completed. And then revoked,