Unfair terms contracts
Discussion
So,,
I missed an outbound flight on a heavily restricted return ticket.
My return therefore cancelled automatically, with no chance of salvaging the return.
Has anyone ever looked into this as potentially being an unfair term in a contract with a consumer?
It's standard industry practice.
I missed an outbound flight on a heavily restricted return ticket.
My return therefore cancelled automatically, with no chance of salvaging the return.
Has anyone ever looked into this as potentially being an unfair term in a contract with a consumer?
It's standard industry practice.
Breadvan72 said:
Airline ticketing is subject to the Warsaw Convention, an international legal instrument, and the rule of which you complain has been in place for years and could not successfully be challenged in an English Court.
Which is a much better way of articulating what I was trying to say, it would be a lot of time and money with little chance of success to try and challenge it.WhereamI said:
Which is a much better way of articulating what I was trying to say, it would be a lot of time and money with little chance of success to try and challenge it.
Hmm Wikipedia reveals that the Warsaw convention is mostly surrounding passenger liabilities, not fare rules and structures? I'm more curious if anyone has ever considered challenging it in this fashion and would a small claims court be the place to do it.
phumy said:
Would that be the contract that you agreed to, fully and binding, when booking and paying for the said ticket. All airlines will cancel the return part of the journey if you dont take the outbound flight. Its in the small print, you must have agreed to it.
Yep, I know all about how the ticketing works, it was just a lightbulb idea that I hadjamoor said:
WhereamI said:
Which is a much better way of articulating what I was trying to say, it would be a lot of time and money with little chance of success to try and challenge it.
Hmm Wikipedia reveals that the Warsaw convention is mostly surrounding passenger liabilities, not fare rules and structures? I'm more curious if anyone has ever considered challenging it in this fashion and would a small claims court be the place to do it.
The small claims court is most certainly not the place to try to overturn long established international legal norms.
PS: The Convention itself deals with the contract of carriage and issues of liability. A raft of international airline practice has developed under the Convention, including the practice of cancelling the return sector ticket if the outbound sector ticket is not used. It's a published term in all airline contracts. It is doubtful that UCTA 1977 applies to such a term, as it does not fit within the category of terms regulated by that Act. I am afraid that you are not the first person to have the lightbulb idea, but it isn't an idea that will, er, fly.
jamoor said:
So,,
I missed an outbound flight on a heavily restricted return ticket.
My return therefore cancelled automatically, with no chance of salvaging the return.
Has anyone ever looked into this as potentially being an unfair term in a contract with a consumer?
It's standard industry practice.
No idea when the flights are but as an aside; the return portions of the ticket are often not automatically cancelled.I missed an outbound flight on a heavily restricted return ticket.
My return therefore cancelled automatically, with no chance of salvaging the return.
Has anyone ever looked into this as potentially being an unfair term in a contract with a consumer?
It's standard industry practice.
Before anyone says Yes they are etc... I fully accept they should be cancelled, they are often not however. On two separate occasions I have taken the return flight having missed the outbound leg of the journey.
I recall a similar discussion.
It can depend on the flight, the airline, the customer.
In general both tickets are cancelled.
Sometimes an airline will try and help a customer in some ways.
It can depend on whether the ticket is classed as a return or two singles.
It also depends on whether the ticket was resold as a return or a single - so the return seat may be taken or not.
In general, a frequent flyer with a BA business ticket will get a lot more help than a once a year package holiday customer with easy jet.
It can depend on the flight, the airline, the customer.
In general both tickets are cancelled.
Sometimes an airline will try and help a customer in some ways.
It can depend on whether the ticket is classed as a return or two singles.
It also depends on whether the ticket was resold as a return or a single - so the return seat may be taken or not.
In general, a frequent flyer with a BA business ticket will get a lot more help than a once a year package holiday customer with easy jet.
Thought it was in the t&c that if you miss the outbound flight, the return is canceled.
This was to stop people booking a single and a return because it's cheaper than a single and a single.
For example
Proper return = £500
Single out = £200
Return staying for a day flying back the next day (note you are already there) so only want the return section = £200
Saving you £100
Pissed off the airlines so they said if you miss the outbound, they cancel the return to stop people doing this.
This was to stop people booking a single and a return because it's cheaper than a single and a single.
For example
Proper return = £500
Single out = £200
Return staying for a day flying back the next day (note you are already there) so only want the return section = £200
Saving you £100
Pissed off the airlines so they said if you miss the outbound, they cancel the return to stop people doing this.
Du1point8 said:
This was to stop people booking a single and a return because it's cheaper than a single and a single.
For example
Proper return = £500
Single out = £200
Return staying for a day flying back the next day (note you are already there) so only want the return section = £200
Maybe if they set their prices in a transparent and logical manner their customers wouldn't feel the need to play the system to save money. Crazy thought For example
Proper return = £500
Single out = £200
Return staying for a day flying back the next day (note you are already there) so only want the return section = £200
joewilliams said:
Maybe if they set their prices in a transparent and logical manner their customers wouldn't feel the need to play the system to save money. Crazy thought
I agree. They should simply charge full price for all tickets in all circumstances. That way you know what the score is. Shame it'll cost you a lot more but thems the breaks. 
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff