Virgin not honoring tickets - AKL-US in Biz Class

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bhatnasx

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Hi all,

I'm new to AFF, but I recently booked a Virgin ticket from Auckland to Las Vegas on Virgin in Business Class for $1330 NZD and they stated it was a mistake fare and that they will not honor it. They have given me the option of either cancelling it or downgrading to coach (when other coach tickets are actually cheaper).

They notified me about this a week after cancelling and others too.

I've filed a complaint with the DOT in the US. Is there any suggestion who to file with in Australia? I'm Sydney based and a Platinum with Virgin if that makes any difference.

They have made it clear they will not honor it as it was a mistake - but Delta had the same exact fare for sale and they are honoring it. Also, if it was a mistake - how is it that Delta had the exact same fare on their ticket stock?

Thanks in advance!
 
My understanding is that Delta is not honouring it either. Regardless, I think you will find it unlikely that anyone could force them to honour it.
 
Well there you go.

I still dont think you will be able to force VA's hand.
 
What gets me with this situation is how long they took to notify the purchasers.

Does it mean if I book something with Virgin today for 6 months away they can tell me in 3 months time it was a mistake fare and I need to cough up more money or get a refund.

If I tell them I made a mistake with my booking they won't give me a refund after a week. The rules need to be the same for the purchaser and the seller.
 
Hi all,

I'm new to AFF, but I recently booked a Virgin ticket from Auckland to Las Vegas on Virgin in Business Class for $1330 NZD and they stated it was a mistake fare and that they will not honor it. They have given me the option of either cancelling it or downgrading to coach (when other coach tickets are actually cheaper).

They notified me about this a week after cancelling and others too.

I've filed a complaint with the DOT in the US. Is there any suggestion who to file with in Australia? I'm Sydney based and a Platinum with Virgin if that makes any difference.

They have made it clear they will not honor it as it was a mistake - but Delta had the same exact fare for sale and they are honoring it. Also, if it was a mistake - how is it that Delta had the exact same fare on their ticket stock?

Thanks in advance!

You could file in small claims court.
 
The key thing is to know a bit of the law and not throw your toys. I would phone up and say.

You offered me an airfare from xx website at xx price, I am aware that when I accepted the offer in which we completed a transaction and as per your ticketing process an airfare is accepted and confirmed by your means of a PNR and you took payment from my credit card.
Not necessarily required, but also ....The credit card authorization also had moved to a transaction on my card which completed the financial transaction with funds officially transferred, therefore wavering any potentiate pre-determination of changing the intended charges.

You have to illustrate, there was an offer and acceptance by both parties. This is also referred to as "invitation to treat" ... Think of when you go to a supermarket, you can put things in and out of your basket/trolley, but when you are the check-out that is when you are making the binding agreement to pay for the goods you want at the price as indicated.

Geez having to do a few law sessions at colleague pays a few dividends.
 
The key thing is to know a bit of the law and not throw your toys. I would phone up and say.

You offered me an airfare from xx website at xx price, I am aware that when I accepted the offer in which we completed a transaction and as per your ticketing process an airfare is accepted and confirmed by your means of a PNR and you took payment from my credit card.
Not necessarily required, but also ....The credit card authorization also had moved to a transaction on my card which completed the financial transaction with funds officially transferred, therefore wavering any potentiate pre-determination of changing the intended charges.

You have to illustrate, there was an offer and acceptance by both parties. This is also referred to as "invitation to treat" ... Think of when you go to a supermarket, you can put things in and out of your basket/trolley, but when you are the check-out that is when you are making the binding agreement to pay for the goods you want at the price as indicated.

Geez having to do a few law sessions at colleague pays a few dividends.

but you have the issue of
1. mistakes
 
The key thing is to know a bit of the law and not throw your toys. I would phone up and say.

You offered me an airfare from xx website at xx price, I am aware that when I accepted the offer in which we completed a transaction and as per your ticketing process an airfare is accepted and confirmed by your means of a PNR and you took payment from my credit card.
Not necessarily required, but also ....The credit card authorization also had moved to a transaction on my card which completed the financial transaction with funds officially transferred, therefore wavering any potentiate pre-determination of changing the intended charges.

You have to illustrate, there was an offer and acceptance by both parties. This is also referred to as "invitation to treat" ... Think of when you go to a supermarket, you can put things in and out of your basket/trolley, but when you are the check-out that is when you are making the binding agreement to pay for the goods you want at the price as indicated.

Geez having to do a few law sessions at colleague pays a few dividends.

In practical terms, it's unlikely anyone at VA call center would have the authority to re-instate a mistake fare ticket, no matter what you say.

Is it unfair that you get charged a change fee for any changes but the Airline could cancel the ticket anytime they want? Yes but unless you have suffered direct losses (such as booking non-refundable hotel), it's best to move on as all other action will cost you more than it's worth to reinstate the ticket.
 
VA breaks a contract by canceling the ticket. However by offering an economy seat, they may be getting around any legal repercussions. They are not canceling your flight, there was just some confusion over the class of service. You can still fly if you want. It gets murky in that case.

Still, VA ought to honor the tickets.... it was their mistake, not the passengers. Typically airlines do honor mistake fares as it is bad publicity to cancel them, but not always.
 
The key thing is to know a bit of the law and not throw your toys. I would phone up and say.

You offered me an airfare from xx website at xx price, I am aware that when I accepted the offer in which we completed a transaction and as per your ticketing process an airfare is accepted and confirmed by your means of a PNR and you took payment from my credit card.
Not necessarily required, but also ....The credit card authorization also had moved to a transaction on my card which completed the financial transaction with funds officially transferred, therefore wavering any potentiate pre-determination of changing the intended charges.

You have to illustrate, there was an offer and acceptance by both parties. This is also referred to as "invitation to treat" ... Think of when you go to a supermarket, you can put things in and out of your basket/trolley, but when you are the check-out that is when you are making the binding agreement to pay for the goods you want at the price as indicated.

Geez having to do a few law sessions at colleague pays a few dividends.

I think you're a bit off base. You didn't accept the offer, Virgin do.

Virgin first presented an invitation to treat (the purchase of a ticket). You countered with an offer (money). Virgin then accepted the offer and issued a confirmed ticket.
 
There is not doubt that a contract had been consummated.

But there question is whether you (Virgin) can apply the doctrine of mistake given the following are present - the price offered was so outrageous or clerical error

they probably could, in the absence of any statute saying otherwise.
 
....booking a clear mistake fare....roll the dice.....win some, lose some
 
Shame there are not enough of us to file a law suit . unfortunately there are no bodies here in Australia to complain to
airline passengers assoc is paper tiger .dept fair trading has no authority. Though if we make a mistake we pay fees to correct our mistakes or loose the ticket.
 
My opinion in relation to all clear "mistake" fares is the same - it is morally wrong to take advantage of them. And even far worse to whinge if they protest. If your corner shop missed a zero on a price tag, would you try to rob them this way?
 
Even if there is a contract (which clearly there is) and before you get to "mistake", the T&Cs always allow the airline to cancel at any time and provide a full refund, which is what they seem to have offered here (as well as an option to instead take a downgrade). Unless you can sue them and argue that that term of the contract is unenforceable (which I suspect would be hard in the case of a mistake fare), there is nowhere to go on this...
 
$1330 for transpacific business is clearly a mistake.

If you want to fly that route and day in economy but the fares are cheaper than what you originally paid, then I suggest you take up their offer of a cancellation and then re-book in economy. If you only booked the fare to take advantage of the mistake, then I suggest sucking it up and getting on with your life.
 
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