May 21 – RGN mistake fare, Marriott Elite Breakfasts

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Really, really quiet day today:

Starting June 22, Marriott Rewards Gold and Platinum Elite members plus a guest will get free continental breakfast seven days a week in the lounge or restaurant of participating hotels in the U.S. and Canada, the company will announce Tuesday (from USA Today).

So I stumbled upon this nice LX filing (in the FT thread) in a SCC claim in Texas concerning the RGN mistake fare, which you can access here.

I found these interesting tidbits:

Notice to the public appears to have begun on September 26, 2012, when a popular airline travel blog “BoardingArea” published a posting entitled “Mistake Fare – One Way First Class Originating in Myammar is Back!” The blog posting stated “It appears [passengers can] fy between Yangon (RGN and cities in Eastern Canada for under $600.

The original post from Gary @ View from the Wing is here.

Despite Swiss’ efforts over 1,000 erroneously priced tickets were purchased … approximately 800 of these tickets were issued on Swiss ticket stock.

This is my favourite one:

Based on the number of passengers at issue, honoring the erroneous fares would cost Swiss millions in lost revenue.

Oh my! I guess that’s why the chose to fight everyone in court/scc. Right….

It seems to me that LX is basing its argument on the fact that in their tariff they say that they are allowed to cancel erroneously issued tickets under rule 5F. They also disclaim the plaintiff’s right to go through this claim under Texas contract law and want to slap their legal fees onto the claimant if LX wins. I can’t wait to see what happens.

Of course I am not a legal agent and I don’t know a lot about this. But it will be interesting to see how the Canadian claims are handled, given that LX had a version of it’s CoC (contract of carriage) on it’s site that did not have clause 5F.

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  1. It seems to me that we should discontinue the use of the word “mistake” when referring to really low priced fares. How do we know they are a “mistake” or maybe just a really good sale price. I suggest we start using the term “fire sale fare” FSF for short or something like that. Could matter later in court.

  2. Because you can never fly for $66 from DCA to LHR-area airports in first class on a fare that they published on purpose.

  3. @Penn, sorry but that is no argument. You need to make sure that there are enough checks before the ticket is issued. Once issued it becomes a contract. If LX was reckless and did not void the sale prior to completion then it is their fault. The amount of money has no significance.

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