There you go quoting a case that is ancient, was a split decision in the Supreme Court, and can no longer be used as precedent since other cases have superceded it. Most ticket purchases are done online. Before one purchases a ticket one is required to agree to all terms and conditions by ticking off a box which reads something like this: (Using Continental Airlines verbiage as an example)
Quote:
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Purchase of this ticket means you agree to all fare rules associated with this non-refundable ticket and the terms and conditions in Continental's contract of carriage.
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If one doesn't indicate agreement then the purchase does not go through. If one chooses not to read the fare rules and contract of carriage (hyper-links are provided for both) then it's the fault of the purchaser for agreeing to terms which he or she has not read.