Quote:
Originally Posted by mars6423
US air offered to get them to jacksonville, so they were still keeping their part of the contract, the couple decided to modify/cancel it by paying to go on a different airline, so that is their fault not the airlines
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Just what planet are you guys living on? Surely not planet earth. And Surely not in America. Because no one on this planet will consider that it was reasonable for a passenger to overnight in an airport with a baby. But baby aside, If a passenger has a ticket to travel in the evening and the airline says we will put you on another flight in the morning, that is a breach. Their contract of carriage was for a particular flight. You will find that American Courts will dismiss any argument that the contract is not for any particular time. based on that written contract of carriage, unless that writing was brought specifically by the airline or its agent to the attention of the passenger. If the 122 passengers were told that their flight was leaving at 6 in the morning instead of the evening before, can you imagine the uproar in the airport. And because it was just the 2 it becomes OK.? I have kept on saying, the airline makes its decision who to fly and who to leave behind. And if they chose to fly the 122 on time and leave the 2 behind, that's a prudent business decision. It is prudent because they leave only 2 aggrieved passengers and have 122 flying on time. The airline is definitely in breach of contract with these two. I cannot understand why anyone would think that it is acceptable to offer passengers a flight the next morning, and this is not a breach of contract.
What about if passengers turn up next morning for a flight that left the evening before, will the airline honour their ticket? If the passenger has an obligation to show up for a particular flight at a particular time, then the airline has a reciprocal obligation to permit them to travel on that flight, and to travel next morning after sleeping in the airport would have been outside the contemplation of both passenger and airline when the contract was made.
If the airline can send passengers on a flight the next day and not be in breach, where will it stop? What about if you turn up for a flight and the airline says, sleep two nights in the airport and we'll send you on another flight two days later?
If a prudent business decision requires an airline to leave two passengers, they just need to compensate those 2.
Its too simple not to be understood