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#11
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Clark W. Griswold, Jr. wrote: Craig Welch wrote: I can't see that charge sticking, once you had taken up the matter with your bank. Why not? You agreed to the terms of the ticket when you purchased it. One of those terms said that you agreed not to try to avoid the restrictions of the ticket type and that if you did, the airline had the right to bill you for the difference. Sorry - the CC company has no basis for reversing the charge. That is absolutely correct! Once the airlines stated the Rules, you either abide by them OR violate them AT YOUR OWN RISK of the consequences. For travellers, some may violate the Rules out of ignorance (which is not a valid excuse in law). But travel agents and travel agencies are the ones responsible for the penalty fare, if they are the ones doing the booking. They should have KNOWN better. -- Bob. |
#12
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Craig Welch wrote: On Mon, 03 Oct 2005 07:55:27 -0600, "Clark W. Griswold, Jr." wrote: Craig Welch wrote: I can't see that charge sticking, once you had taken up the matter with your bank. Why not? You agreed to the terms of the ticket when you purchased it. One of those terms said that you agreed not to try to avoid the restrictions of the ticket type and that if you did, the airline had the right to bill you for the difference. Nope. No ticket I've ever bought has had a term where I agreed 'not to try to avoid ...' anything. Ignorance of the law, or the content of the fineprints in a contractual transaction (as in the purchase of your airline ticket) is no excuse for the violation of what you didn't know you violated. -- Bob. |
#13
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Craig Welch wrote: On 3 Oct 2005 20:05:31 -0700, "Reef Fish" wrote: I can't see that charge sticking, once you had taken up the matter with your bank. Why not? You agreed to the terms of the ticket when you purchased it. One of those terms said that you agreed not to try to avoid the restrictions of the ticket type and that if you did, the airline had the right to bill you for the difference. Nope. No ticket I've ever bought has had a term where I agreed 'not to try to avoid ...' anything. Ignorance of the law, or the content of the fineprints in a contractual transaction (as in the purchase of your airline ticket) is no excuse for the violation of what you didn't know you violated. Quite. But irrelevant. Irrelevant ONLY to the uninformed. I just read through the *entire* terms of the last airline ticket I purchased. Really? From which source, of which airline? It doesn't take a genius to realize that the pages and pages of Rules and regulations on airline webpages alone are not given to you or are printed at the back of your ticket. And those webpages do not contain all the rules and conditions they send to travel agencies who handle the purchase of a large number of tickets. As with any other, nothing there about me agreeing 'not to try to avoid ...' anything. Don't be so literal minded. When an airlines choose to exercise its RULE (supposedly known to all travel agencies) about throwing away either the front end of the back end of roundtrip tickets, YOUR ignorance about said rules that are implicit in your contractual agreement in purchasing the ticket, will leave you very little leg to stand on. -- Bob. |
#14
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On 3 Oct 2005 21:13:38 -0700, "Reef Fish"
wrote: Craig Welch wrote: On 3 Oct 2005 20:05:31 -0700, "Reef Fish" wrote: I can't see that charge sticking, once you had taken up the matter with your bank. Why not? You agreed to the terms of the ticket when you purchased it. One of those terms said that you agreed not to try to avoid the restrictions of the ticket type and that if you did, the airline had the right to bill you for the difference. Nope. No ticket I've ever bought has had a term where I agreed 'not to try to avoid ...' anything. Ignorance of the law, or the content of the fineprints in a contractual transaction (as in the purchase of your airline ticket) is no excuse for the violation of what you didn't know you violated. Quite. But irrelevant. Irrelevant ONLY to the uninformed. I just read through the *entire* terms of the last airline ticket I purchased. Really? From which source, of which airline? It doesn't take a genius to realize that the pages and pages of Rules and regulations on airline webpages alone are not given to you or are printed at the back of your ticket. And those webpages do not contain all the rules and conditions they send to travel agencies who handle the purchase of a large number of tickets. As with any other, nothing there about me agreeing 'not to try to avoid ...' anything. Don't be so literal minded. When an airlines choose to exercise its RULE (supposedly known to all travel agencies) about throwing away either the front end of the back end of roundtrip tickets, YOUR ignorance about said rules that are implicit in your contractual agreement in purchasing the ticket, will leave you very little leg to stand on. -- Bob. I believe that Craig is one of my mob. You may find your laws and ours differ somewhat, particularly when it comes to making customers aware of their responsibilities under a contract. In most cases here for normal consumers at the small claims (under $5000) level, the provider of the service has a responsibility to make the customer aware of all significant implications if they intend to enforce them. Obscure clauses in fine or faint print or on deeply embedded web-pages would be thrown out of court unless the provider could show that they specifically made the customer aware of them. I'm not a lawyer, that's just opinion from reading the local papers here. Maybe you should get your one-way/round-trip bucket shop tickets from Qantas? Cheers, Alan, Australia |
#15
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Alan S wrote: On 3 Oct 2005 21:13:38 -0700, "Reef Fish" wrote: Craig Welch wrote: On 3 Oct 2005 20:05:31 -0700, "Reef Fish" wrote: I can't see that charge sticking, once you had taken up the matter with your bank. Why not? You agreed to the terms of the ticket when you purchased it. One of those terms said that you agreed not to try to avoid the restrictions of the ticket type and that if you did, the airline had the right to bill you for the difference. Nope. No ticket I've ever bought has had a term where I agreed 'not to try to avoid ...' anything. Ignorance of the law, or the content of the fineprints in a contractual transaction (as in the purchase of your airline ticket) is no excuse for the violation of what you didn't know you violated. Quite. But irrelevant. Irrelevant ONLY to the uninformed. I just read through the *entire* terms of the last airline ticket I purchased. Really? From which source, of which airline? It doesn't take a genius to realize that the pages and pages of Rules and regulations on airline webpages alone are not given to you or are printed at the back of your ticket. And those webpages do not contain all the rules and conditions they send to travel agencies who handle the purchase of a large number of tickets. As with any other, nothing there about me agreeing 'not to try to avoid ...' anything. Don't be so literal minded. When an airlines choose to exercise its RULE (supposedly known to all travel agencies) about throwing away either the front end of the back end of roundtrip tickets, YOUR ignorance about said rules that are implicit in your contractual agreement in purchasing the ticket, will leave you very little leg to stand on. -- Bob. I believe that Craig is one of my mob. You may find your laws and ours differ somewhat, particularly when it comes to making customers aware of their responsibilities under a contract. In most cases here for normal consumers at the small claims (under $5000) level, the provider of the service has a responsibility to make the customer aware of all significant implications if they intend to enforce them. I believe that part is quite universal, not limited to OZ. Obscure clauses in fine or faint print or on deeply embedded web-pages would be thrown out of court unless the provider could show that they specifically made the customer aware of them. I'm not a lawyer, that's just opinion from reading the local papers here. That pivots on the interpretation of "obscure clauses", in faint print or not. It's hardly obscure clauses if all travel agencies know about them and most frequent flyers are aware of their existence even thought they may not have put the matter to a test at their own risk. Maybe you should get your one-way/round-trip bucket shop tickets from Qantas? What you said may well be the case in OZ, especially on Qantas. The workers of Qantas at the airport don't even know the rules of Qantas -- that was POSTED plainly for everyone to see, a few feet away from them. I had that experience when I was flying Qantas from Cairns to Sydney. Because of their abominable restriction on check luggage allowance, I had already left TWO 70-lb pieces of luggage at the Cairns Hilton, to be picked up on my way back from Sydney to fly home on Continental. The carry-on allowance was no less stringent, so I was very careful to pack the allowable number of pieces, and weighed each piece (mostly presents for friends at Sydney) carefully. It wasn't until we got to the check-in counter that the agent made some noises about the number of pieces we could carry that we did some quick re-shuffling of the contents and carry-on bags, only to find out that they were applying one set of rules applicable to flights numbered 300 and above (or something like that) while our flight was in a different category for which what was posted (and what I had found out) applied. Cheers, Alan, Australia That's why I didn't even bother to keep the miles I had flown on Qantas for possible future use -- because there will NOT be any such possible use. :-) I don't fly Qantas even though I can fly FREE on my CO FFMs. I even went OUT of my way to fly FREE on Korean Air from LAX to Korea enroute to Auckland, requiring more of my FFMs, than taking a more direct route, using less FFMs, to fly Qantas. In our 'Merkin parlance, Qantas sucks. ) -- Bob. |
#16
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Reef Fish wrote: Craig Welch wrote: On 3 Oct 2005 20:05:31 -0700, "Reef Fish" wrote: I can't see that charge sticking, once you had taken up the matter with your bank. Why not? You agreed to the terms of the ticket when you purchased it. One of those terms said that you agreed not to try to avoid the restrictions of the ticket type and that if you did, the airline had the right to bill you for the difference. Nope. No ticket I've ever bought has had a term where I agreed 'not to try to avoid ...' anything. Ignorance of the law, or the content of the fineprints in a contractual transaction (as in the purchase of your airline ticket) is no excuse for the violation of what you didn't know you violated. Quite. But irrelevant. Irrelevant ONLY to the uninformed. I just read through the *entire* terms of the last airline ticket I purchased. Really? From which source, of which airline? It doesn't take a genius to realize that the pages and pages of Rules and regulations on airline webpages alone are not given to you or are printed at the back of your ticket. And those webpages do not contain all the rules and conditions they send to travel agencies who handle the purchase of a large number of tickets. As with any other, nothing there about me agreeing 'not to try to avoid ...' anything. Don't be so literal minded. When an airlines choose to exercise its RULE (supposedly known to all travel agencies) about throwing away either the front end of the back end of roundtrip tickets, YOUR ignorance about said rules that are implicit in your contractual agreement in purchasing the ticket, will leave you very little leg to stand on. -- Bob. It is an interesting point. In my mind the rules for a contract are stated in the contract which is delivered. While tradition does permit those to be printed in text so small as to be difficult to read I do not see a tradition that permits the rules to not actually be printed in the contract. Certainly some rules are constructed thru law and associated treaties but actual agreements between parties should be presented. |
#17
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Well.. I have a copy of the 'small print' we are required to attach to
all of the tickets at our agency and it says "Air Transportation, whether it is domestic or international (including domestic protions of international journeys), is subject to the individual terms of the transporting air carriers, which are herein incorporated by reference and made part of the contract of carriage" further down it says "you have the right to inspect the full text of each transporting air carriers terms at it's airport and city ticketing offices. You also have the right. upon request, to receive free of charge the full text of the applicable terms incorporated by reference from each of the transporting air carriers. Information on ordering the full text of each air carriers terms is available at any location where the air carriers tickets are sold" So, what they are basically saying is that by purchesing and using the ticket you are agreeing to accept the terms and conditions which are available for you to inspect on request at the time that you make that puchase. Those terms and conditions will say something to the effect that you won't try to undercut the fare for the journey you actually take by 'creatve ticketing' (throwing away the return coupon, ficticious onward points etc). If you do, they have the right to cahrge you the fare for the journey you actually took. .. |
#18
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On 4 Oct 2005 07:31:32 -0700, "Reef Fish"
wrote: only to find out that they were applying one set of rules applicable to flights numbered 300 and above (or something like that) while our flight was in a different category for which what was posted (and what I had found out) applied. It's pretty simple. Numbers under 400 are international flights - with rules that are probably the same as the CO flight you flew in on. Numbers over 400 are domestic. I suspect you'll find similar rule differences on your own domestic and international carriers. Could you have carried those extra bags without extra cost on Southwest or USAir? You're the one talking about web-page rules. Did you read these (slightly edited for brevity, 32Kg is 70 lbs). Note the final paragraphs on domestic allowances if you are continuing international flights and also on unaccompanied baggage. Do your homework next time, and you'll be able to fly a shorter and warmer route. The carry on rules make similar allowances. Checked Baggage http://www.qantas.com.au/info/flying...baggageChecked Passengers (including children) on Qantas are allowed the following baggage. No single item may exceed 32kg in weight. Route Piece Allowance and Dimensions Weight Allowance Australian Domestic Business: 3 pieces Economy: 1 piece Total dimensions* of each piece must not exceed 140cm (54in) 32kg (70lb) per piece Travel to/from USA, US Territories, Tahiti, South America and Canada^ via the Pacific First: 2 pieces Total dimensions* of each piece must not exceed 158cm (62in) Business/Economy: 2 pieces Total dimensions* of the 2 pieces must not exceed 270cm (106in) with no 1 piece exceeding 158cm (62in) Infants:+ 1 piece Total dimensions must not exceed 115cm (45in) 32kg (70lb) per piece All other International^ First: 40kg (88lb) Business: 30kg (66lb) Economy: 20kg (44lb) Infants:+ 10kg (22lb) ^ If your itinerary includes a flight to/from or via the USA, US Territories, Tahiti, South America or Canada, you are entitled to two pieces of checked baggage on all Qantas, QantasLink and Australian Airlines operated flights within your itinerary#, regardless of whether these flights appear on the same or a separate ticket. You will be required to provide proof of your international ticket at check-in indicating travel to/from or via the USA, US Territories, Tahiti, South America or Canada. # Valid for the duration of your international ticket, or up to a maximum of 12 months from the date of the first flight to/from the USA, US Territories, Tahiti, South America or Canada - whichever date falls first. * Total dimensions are measured by adding together the width, height and depth of the bag. + Infants are aged under 2 years for International, Australian and New Zealand domestic travel. Please be aware stowage limitations apply on some QantasLink operated services. Baggage may at times need to be transported on a different flight to the passenger. Domestic Travel is defined as travel not combined with any international flights. International Travel is defined as travel between two or more countries including any flights within those countries when they are combined with international travel. Additional checked baggage allowances are available for Platinum, Gold, and Silver Frequent Flyers and Qantas Club members on Qantas operated services (not available on QantasLink services operated by Dash 8 or Beechcraft aircraft, partner airlines or codeshare services not operated by Qantas). To minimise the risk of damage to undeveloped film, we recommend that it is packed in your carry on baggage rather than in your checked baggage. If you have queries regarding possible damage to your film in carry on baggage, please check with the screening officers. Baggage for Children & Infants Children are entitled to the same baggage allowance as adults. Adults accompanying infants are entitled to check-in one collapsible stroller or a carry basket or bassinet (to be stowed in the aircraft hold) and infant food and nappies for use inflight. This is in addition to the normal free baggage allowance for adults. Additional Collection A charge will apply for any baggage carried in excess of the free allowance. Additional collection rates vary depending on the destination. The carriage of baggage in excess of the free baggage allowance is subject to space being available. Unaccompanied Baggage As a service to passengers, we offer an unaccompanied baggage service on most routes. This service is a convenient and cost-effective alternative to paying excess baggage. Unaccompanied Baggage can only consist of personal clothing and articles including books, portable music instruments and portable sporting equipment. You must hold an international ticket (for travel on any airline) between the origin and destination airports. The baggage must be consigned at the freight terminal before your flight. In Sydney, baggage can be consigned at the Qantas Unaccompanied Baggage counter at Sydney International Airport. Unaccompanied Baggage is carried on a 'space available' basis to the destination, not necessarily on the same flight as the passenger. Note: You may be required to pay handling or government customs and quarantine charges on unaccompanied baggage. For more information call 1300 368 747 within Australia or your local Qantas Freight Sales office. Locking Checked Baggage We recommend that passengers lock their checked baggage. However, it may be necessary to open and inspect your baggage as part of the security screening process. If your baggage is locked, and you are not present when it is necessary to open it for Government mandated additional security checks, the lock may be broken by security screeners. We are unable to advise at the time of check-in whether a passenger's baggage will need to undergo additional security checks. Qantas is not liable for damaged locks that must be opened for security purposes. Travelling to or from the United States For passengers travelling to or from the United States, the US Transportation Security Administration (TSA) advises that passengers can avoid the need for locks to be broken by using a TSA recognised locking mechanism, which can be opened by the TSA. For further information, visit the TSA website. Baggage wrapping Passengers who choose to utilise baggage-wrapping services offered at some airports should allow additional time to complete this process before check-in. Should wrapped baggage need to undergo Government mandated additional security checks the wrapping will be removed and not replaced. Cheers, Alan, Australia |
#19
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Alan S wrote: On 4 Oct 2005 07:31:32 -0700, "Reef Fish" wrote: only to find out that they were applying one set of rules applicable to flights numbered 300 and above (or something like that) while our flight was in a different category for which what was posted (and what I had found out) applied. It's pretty simple. Numbers under 400 are international flights - with rules that are probably the same as the CO flight you flew in on. Numbers over 400 are domestic. It was a domestic flight, from Cairns to Sydney! I suspect you'll find similar rule differences on your own domestic and international carriers. Could you have carried those extra bags without extra cost on Southwest or USAir? Never use those airlines. You're the one talking about web-page rules. Did you read these (slightly edited for brevity, 32Kg is 70 lbs). Don't have the heart to waste my time reading it again. I am 100% positive that the allowance was NOT 70 lbs, but something like 20 kgs or 44 lbs. I already knew that if it were a continuation of my CO flight, my CO allowance would have applied. Note the final paragraphs on domestic allowances if you are continuing international flights and also on unaccompanied baggage. But that was NOT a continuing flight. The Qantas roundtrip was booked separately, after we had stayed a week in Cairns. Remember the Cairns Hilton I mentioned? Do your homework next time, and you'll be able to fly a shorter and warmer route. The carry on rules make similar allowances. I did my homework, and did it correctly. SQ has the same stinking allowance as Qantas for the DOMESTIC flight from Singapore to Bali. Checked Baggage http://www.qantas.com.au/info/flying...baggageChecked Passengers (including children) on Qantas are allowed the following baggage. No single item may exceed 32kg in weight. Route Piece Allowance and Dimensions Weight Allowance Australian Domestic Business: 3 pieces Economy: 1 piece Total dimensions* of each piece must not exceed 140cm (54in) 32kg (70lb) per piece Travel to/from USA, US Territories, Tahiti, South America and Canada^ via the Pacific First: 2 pieces Total dimensions* of each piece must not exceed 158cm (62in) Business/Economy: 2 pieces Total dimensions* of the 2 pieces must not exceed 270cm (106in) with no 1 piece exceeding 158cm (62in) Infants:+ 1 piece Total dimensions must not exceed 115cm (45in) 32kg (70lb) per piece All other International^ First: 40kg (88lb) Business: 30kg (66lb) Economy: 20kg (44lb) Infants:+ 10kg (22lb) ^ If your itinerary includes a flight to/from or via the USA, US Territories, Tahiti, South America or Canada, you are entitled to two pieces of checked baggage on all Qantas, I checked and doubled checked THAT clause when I was in Cairns. While it was in MY itinerary, because the flights (roundtrip to Cairns on CO) and (roundtrip Cairns to Sydney) were booked separately, this was the single piece per person allowance, unless rules have changed since 2003: Economy: 20kg (44lb) QantasLink and Australian Airlines operated flights within your itinerary#, regardless of whether these flights appear on the same or a separate ticket. You will be required to provide proof of your international ticket at check-in indicating travel to/from or via the USA, US Territories, Tahiti, South America or Canada. I think YOU are confused about what constitutes a continuation and what is NOT. # Valid for the duration of your international ticket, or up to a maximum of 12 months from the date of the first flight to/from the USA, US Territories, Tahiti, South America or Canada - whichever date falls first. If my international ticket was on Qantas perhaps. But NOT when my international portion was on CO, on a completely separate itinerary. the rest of the allowance garbage snipped because of its irrelevance to my Qantas flight. Cheers, Alan, Australia A big Bronx cheer to Qantas (as in "Qantas sucks"). -- Bob. |
#20
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Craig Welch wrote:
Why not? You agreed to the terms of the ticket when you purchased it. One of those terms said that you agreed not to try to avoid the restrictions of the ticket type and that if you did, the airline had the right to bill you for the difference. Nope. No ticket I've ever bought has had a term where I agreed 'not to try to avoid ...' anything. Guess again. Here's just one example: http://www.aa.com/content/customerSe...Carriage.jhtml Note the para that states: American specifically prohibits the practices commonly known as: Back to Back Ticketing: The combination of two or more roundtrip excursion fares end to end for the purpose of circumventing minimum stay requirements. Throwaway Ticketing: The usage of roundtrip excursion fare for one-way travel, and Hidden City/Point Beyond Ticketing: Purchase of a fare from a point before the passenger's actual origin or to a point beyond the passenger's actual destination. Where a ticket is invalidated as the result of the passenger's non-compliance with any term or condition of sale, American has the right in its sole discretion to: 1. Cancel any remaining portion of the passenger's itinerary, 2. Confiscate unused flight coupons, 3. Refuse to board the passenger or check the passenger's luggage, or 4. Assess the passenger for the reasonable remaining value of the ticket, which shall be no less than the difference between the fare actually paid and the lowest fare applicable to the passenger's actual itinerary Then, judging by your email address, here's another: http://www.singaporeair.com/saa/en_U...l/carriage.jsp Note in particular the sentence in Article 5 that states "Applicable fares for carriage governed by these Conditions are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier's Regulations." That basically states that you follow there rules for fares. |
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