Aer Lingus website mistake

Sherifu

RTE.ie wrote:

Aer Lingus customers who booked flights to the US for just €5 have been told by the airline that their bookings have been cancelled.

The airline said the business class flights, which were advertised on the Aer Lingus website yesterday, were priced incorrectly due to a technical error.

Aer Lingus has apologised for the error.

Link.

I personally don't think you're entitled to anything btw.

LotusBlossom

Based on what, Sherifu?

MixedMuts

Umh! I think all affected should write a letter of complaint to Aer Lingus. If anyone has a good template out there please post.

Alternatively, here is the link to the National Consumer Agency….it is important to act quickly though.
http://www.consumerconnect.ie/eng/Working_With_You/Submit_a_Consumer_Complaint/

Sherifu

LotusBlossom wrote: »

Based on what, Sherifu?

Common sense.

JimmyO

Sherifu wrote: »

Common sense.

Based on you not getting a cheap flight.

I don't like to repeat myself but I thought it was a geniune offer.

I can fly to Paris for €0.01, why can't I fly to NYC for €5?

According to Google Earth it's approximately 485miles Dublin to Paris in a straight line.

It's 3180 to New York

Seems reasonable enough to me!

Dougiehowlett

Absolutely amazed that someone would think that 100 people trying to reassert their rights in the law of contract would stop Aer Lingus offering sales.

Sales are part and parcel of how Aer Lingus and other low fare airlines do their business. They get people's attention and usually persuade people to go for a weekend away who may not otherwise have travelled. To think otherwise is just naive.

What should happen here is that Aer Lingus should honour the tickets but not in business class. People had a valid contract, becaue there was offer and acceptance, and rights are protected through the law of contract and the Distance Selling Directive, which governs trade over the web.

If Aer Lingus gets away with this can they now, they then will have freedom to change bookings at will. If you book a low fare flight to Rome, and subsequently it clashes witha rugby international, can they then cancel your booking on the basis of a technical eroor, and ask you again to book at a higher rate. Consumers will be worse off generally.

For information (and any further assistance members can give me):

I got an offer of a fare and I accepted this.
I was advised of the terms and conditions, and asked to acknowledge these to proceed.
I inserted my credit card details, and authorised Aer Lingus to debit my card.
I was then offered Hertz car rental for my destination, and asked to select seats, which I did.
I received my electronic ticket with seat selection advising me of passport, arrive in airport 3 hours before, asked to enter pre-flight information etc.
I have checked with my credit card company and there is payment pending on this, and therefore dont have access to this money.

How is this not a valid contract? Consumers are consisitently being treated badly by business, so why should we lie down and take it??

Dougiehowlett

Absolutely amazed that someone would think that 100 people trying to reassert their rights in the law of contract would stop Aer Lingus offering sales.

Sales are part and parcel of how Aer Lingus and other low fare airlines do their business. They get people's attention and usually persuade people to go for a weekend away who may not otherwise have travelled. To think otherwise is just naive.

What should happen here is that Aer Lingus should honour the tickets but not in business class. People had a valid contract, becaue there was offer and acceptance, and rights are protected through the law of contract and the Distance Selling Directive, which governs trade over the web.

If Aer Lingus gets away with this can they now, they then will have freedom to change bookings at will. If you book a low fare flight to Rome, and subsequently it clashes witha rugby international, can they then cancel your booking on the basis of a technical eroor, and ask you again to book at a higher rate. Consumers will be worse off generally.

For information (and any further assistance members can give me):

I got an offer of a fare and I accepted this.
I was advised of the terms and conditions, and asked to acknowledge these to proceed.
I inserted my credit card details, and authorised Aer Lingus to debit my card.
I was then offered Hertz car rental for my destination, and asked to select seats, which I did.
I received my electronic ticket with seat selection advising me of passport, arrive in airport 3 hours before, asked to enter pre-flight information etc.
I have checked with my credit card company and there is payment pending on this, and therefore dont have access to this money.

How is this not a valid contract? Consumers are consisitently being treated badly by business, so why should we lie down and take it??

Dougiehowlett

Apologies for double post

Sherifu

JimmyO wrote: »

Based on you not getting a cheap flight.

I don't care if you get it or not. It isn't much use to me tbh.

JimmyO wrote: »

I don't like to repeat myself but I thought it was a geniune offer.

I can fly to Paris for €0.01, why can't I fly to NYC for €5?

According to Google Earth it's approximately 485miles Dublin to Paris in a straight line.

It's 3180 to New York

Seems reasonable enough to me!

From the link I posted above;
"Enda Corneille, Director of Corporate Affairs at Aer Lingus, said anyone who booked a business class ticket, which usually retails at about €1,775, and got it so cheaply should know there was a mistake."

Seems reasonable imo.

JimmyO

Sherifu wrote: »

From the link I posted above;
"Enda Corneille, Director of Corporate Affairs at Aer Lingus, said anyone who booked a business class ticket, which usually retails at about €1,775, and got it so cheaply should know there was a mistake."

Seems reasonable imo.

At no point during the booking was I informed it was a business class ticket. This was only discovered after I had received email confirmation.

I bought a €5 seat.

TBH at this point it's about the bigger picture of consumer rights. I'd happily fly economy as that's what I thought I was buying in the first place.

LotusBlossom

I have checked the prices for Business class for the dates I booked yesterday, and they're actually €1545, not €1775 - I dont know why Aer Lingus are quoting this price on the radio when it's incorrect!!! And as you can get flights for 1cent, and the ad was for an exciting Summer Sale, it's reasonable to think this was a fantastic limited offer!

Dougiehowlett

Sherifu wrote: »

I don't care if you get it or not. It isn't much use to me tbh.

From the link I posted above;
"Enda Corneille, Director of Corporate Affairs at Aer Lingus, said anyone who booked a business class ticket, which usually retails at about €1,775, and got it so cheaply should know there was a mistake."

Seems reasonable imo.

The law of contract still applies. Saying that Aer Lingus could have said that they would honour these in economy, and people would not have been on as strong a footing.

To clarify, the flights were not free. They were €180 approx each, and Aer Lingus does get the majority of this - there is no tax on flights out of Ireland.

bren2002

While I agree that Aer Lingus' T&Cs look somewhat lacking in clarity, no-one who bought a ticket on this deal is going to New York on Business Class. I think the best ye could hope for is a standby upgrade ticket if you buy the Economy Class ticket. The only way you'll get EI to honour this is to go through mu' learned friends and that'll cost you a lot more than the return flight.

Aer Lingus made a mistake and will not honour the deal. Everyone buying the tickets knew it was a mistake and you gambled on them honouring it. It's like ATMs giving 50's instead of 20's you still get debited the 50's when the bank does an audit on the machine.

Sherifu

I'll keep an eye on the thread to see what happens. I have yet to see a misprice go the way of the consumer.

JimmyO

bren2002 wrote: »

Everyone buying the tickets knew it was a mistake and you gambled on them honouring it.

As per my post above and the posts of others, that's not a valid argument.

I didn't know it was a mistake based on deals offered by other airlines.

Dougiehowlett

bren2002 wrote: »

While I agree that Aer Lingus' T&Cs look somewhat lacking in clarity, no-one who bought a ticket on this deal is going to New York on Business Class. I think the best ye could hope for is a standby upgrade ticket if you buy the Economy Class ticket. The only way you'll get EI to honour this is to go through mu' learned friends and that'll cost you a lot more than the return flight.

Aer Lingus made a mistake and will not honour the deal. Everyone buying the tickets knew it was a mistake and you gambled on them honouring it. It's like ATMs giving 50's instead of 20's you still get debited the 50's when the bank does an audit on the machine.

Poor analogy, as 20 euro is 20 euro, and flight prices constantly change.

Its like buying toothpaste in the supermarket for 5 cents, paying for it at the till, and then being stopped 100 metres down the road by the manager, who takes the toothpaste off you and hands you back the 5 cent.

MixedMuts

I still think that under contract law that the transaction cannot be recinded without mutual agreement. This was not an Invitation to Treat (whereby if the price displayed is incorrect this can be corrected as there is no acceptance involved). As I understand it there was offer by Aer Lingus that was accepted by those 100 people. The acceptance of the fare offer was (I'm sure) made in good faith by most people and when the individuals supllied their CC details and hit the submit button (receiving confirmation) this then gave rise to a binding contract.

az2wp0sye65487

I also just missed out on these by a couple of minutes yesterday. When I got their monthly email I checked the site and noticed the €5 flights, tried to book them straight away but the site kept freezing. So when I closed it and went back in again the prices had been changed back to the "normal" amounts.

At no time did it specify that these were business class seats.

I hope all of you who booked them get the flights and have a great time. Knowing that you got there for such a low price would make the holiday even more enjoyable!

Best of luck to all who are fighting this.

axer

I think people should bring them to the small claims court if aerlingus go through with this. They will deal with amounts up to €2,000. Make a claim for €1,775 as that is the price that aerlingus say the tickets are worth.

It will cost €9 to go through the small claims court. Aerlingus will have 15 days to respond to the claim. If they ignore it then it will be automatic win for the claiment.

masseyno9

I'm no legal expert at all, but from the facts it looks like aer lingus confirmed the acceptance of a contract.....is that not what a 'confirmation' e-mail does??

Personally, I hope everyone gets their flights. I'm sure Aer lingus wouldn't be so quick to Notify you if there was an error the other way...ie. flights were priced too high and you booked them.

Dougiehowlett

MixedMuts wrote: »

I still think that under contract law that the transaction cannot be recinded without mutual agreement. This was not an Invitation to Treat (whereby if the price displayed is incorrect this can be corrected as there is no acceptance involved). As I understand it there was offer by Aer Lingus that was accepted by those 100 people. The acceptance of the fare offer was (I'm sure) made in good faith by most people and when the individuals supllied their CC details and hit the submit button (receiving confirmation) this then gave rise to a binding contract.

I thought it was genuine - they were advertising a sale.

And yes, there was offer and acceptance of a contract.

What they are doing is illegal, plain and simple. They are getting very poor publicity from this, and I wont treat them as airline of choice any more if they continue to act ultra vires.

macshaned

Bailee Scarce Treeless wrote: »

When I got their monthly email I checked the site and noticed the €5 flights,

So, not only was it a computer glitch to charge you €5 for a flight, but the advertising, put together by humans, was wrong also? And the third mistake of providing business class flights instead of economy?

For anyone impacted by this, go straight to the Small Claims Court online site and lodge a claim against Aer Lingus. The National Consumer Agency won't go up against their fellow government organisation Aer Lingus, and the Consumer Association can only provide advice.

The Small Claims Court will handle claims for up to €2000 (and therefore well within the scope of this issue) and a claim will only cost €9 or something. Well worth the money, and Aer Lingus will be forced to respond.

I'm not fully sure about the rights and the wrongs legally, but the SCC will be the one sure way of finding out, and at minimum cost. Everyone involved should do this.

bren2002

Dougiehowlett wrote: »

Poor analogy, as 20 euro is 20 euro, and flight prices constantly change.

Actually it's not a poor analogy, €20 is not €20 when you think it's €50. You pay for €20 from the bank machine (ie it comes from your account), but the machine gives you a €50. Initially you think, great I'm getting something that's worth €50 for €20. But when the mistake is noticed and corrected you are billed for the €50. Does matter what you spent that €50 on, it still costs you €50 not €20.

bren2002

Buy a share in Aer Lingus and send in a shareholders question or go to the next AGM!!

Although I don't think it's possible to buy 1 share, but if the 100 or so people involved all bought one then you could table a question directly to Mannion! Probably won't get you anywhere but it will cause them hassle and expense in dealing with you.

Dougiehowlett

Dougiehowlett wrote: »

Its like buying toothpaste in the supermarket for 5 cents, paying for it at the till, and then being stopped 100 metres down the road by the manager, who takes the toothpaste off you and hands you back the 5 cent.

To strengthen analogy, customers were told there would be a toothpaste sale that day.

noelwpb

Hi all,

I booked these flights yesterday and im in the same situation as the other 100 or so customers.

I rang the NCA. They are taking names and phone numbers of the customers who had their bookings cancelled and ringing us back tomorrow when they have made a decision on taking action or not.

I think everyone should ring up and give their name and number, if they haven't already done so.

Let's keep our fingers crossed!

JimmyO

noelwpb wrote: »

Hi all,

I booked these flights yesterday and im in the same situation as the other 100 or so customers.

I rang the NCA. They are taking names and phone numbers of the customers who had their bookings cancelled and ringing us back tomorrow when they have made a decision on taking action or not.

I think everyone should ring up and give their name and number, if they haven't already done so.

Let's keep our fingers crossed!

I registered my complaint online via:

http://www.consumerconnect.ie/eng/Working_With_You/Submit_a_Consumer_Complaint/

David@Bayard.co

Hylus83 wrote: »

The fact that Aer Lingus displayed the fares at the €5 price tag, i would have thought, constituted their intention to sell.

I don't know, under law of contract, could it be seen as a invitation to treat?????

And if so, they can always deny the price they advertised as a mistake!

faceman

I havent booked a flight with Aer lingus for a while now. As per the T&C's, when is contract deemed to be in effect? can anyone post a copy of the T&Cs they agreed to?

Jg1982

**CONDITIONS OF CONTRACT**

*1*
As used in this contract "ticket" means this passenger ticket and baggage check, or this itinerary/receipt if applicable, in the case of an electronic ticket, of which these conditions and the notices form part, "carriage" is equivalent to "transportation", "carrier" means all air carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage, "electronic ticket" means the Itinerary/Receipt issued by or on behalf of Carrier, the Electronic Coupons and, if applicable, a boarding document. "WARSAW CONVENTION" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable.
*2*
Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not "international carriage" as defined by that Convention.

*3*
To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to: (i) provisions contained in the ticket, (ii) applicable tariffs, (iii) carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.

*4*
Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in carrier's timetables as scheduled stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.

*5*
An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its Agent.

*6*
Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.

*7*
Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation.

*8*
This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in carrier's tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.

*9*
Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.

*10*
Passenger shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.

*11*
No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.

Carriage is subject to the above Conditions of Contract and to the Aer Lingus General Conditions of Carriage. The latter can be found in http://www.aerlingus.com [Legal sub-section of the Customer Care section] or is available on request.

NOTICE OF LIABILITY LIMITATIONS

The applicable limits of liability for your journey on a flight operated by Aer Lingus are as follows:

1 . There are no financial limits for death or bodily injury and the air carrier may make an advance payment to meet immediate economic needs of the person entitled to claim compensation;
2 In the case of destruction, loss of, or damage or delay to baggage, 1,000 Special Drawing Rights (approximately EUR 1,230) and, if the value of your baggage is greater than this limit, you should inform the carrier at check-in or ensure that it is fully insured prior to travel;
3. In the case of delay to your journey, 4,150 Special Drawing Rights (approximately EUR 5,100).

If your journey also involves carriage by other airlines, you should contact them for information on their limits of liability.

You may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying a supplementary fee, or by purchasing additional insurance.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

This notice conforms to the requirements of European Community Regulation (EC) No. 889/2002.



**ADVICE TO NON-INTERNATIONAL PASSENGERS ON LIMITATIONS OF LIABILITY**

Passengers on a journey involving transportation wholly within Ireland are advised that the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of Carriers for death or personal injury and in respect of loss of or damage to baggage.

**NOTICE OF GOVERNMENT IMPOSED TAXES AND FEES**

The price of this ticket may include taxes and fees which are imposed on air transportation by government authorities. These taxes and fees, which may represent a significant portion of the cost of air travel, are either included in the fare, or shown separately in the >>TAX<< box(es) of this ticket. You may also be required to pay taxes or fees not already collected.

**DANGEROUS ARTICLES IN BAGGAGE**

For safety reasons, dangerous articles such as those listed below, must not be carried in passengers baggage. Compressed gases (deeply refrigerated, flammable, non-flammable and poisonous) such as butane, oxygen, liquid nitrogen, aqualung cylinders and compressed gas cylinders. Corrosives, such as acids, alkalis, WET CELL BATTERIES, and items containing mercury. Explosives, munitions, ammunition including blank cartridges, hand guns, fireworks, flares and pistol caps. Flammable liquids and solids, such as lighters that need inverting before ignition, lighter fuel, MATCHES (safety matches may be carried on the person), fire lighters, paints and thinners. Radioactive materials. Oxidising materials, such as bleaching powder and peroxides. Poisons and infectious substances, such as insecticides, weedkillers and live virus materials. Briefcases and attaché cases with installed alarm devices. Other dangerous articles, such as magnetised material, offensive or irritating materials.

Medicines and toiletries in limited quantities required by passengers during the journey, such as hairsprays, perfumes and medicines may be carried. Many of these listed articles can be carried as air cargo provided they are packed in accordance with cargo regulations.