Posted by William Charles on February 23, 2019
Recaps

Published on February 23rd, 2019 | by William Charles

9

Recap: Skiplagging, 3rd Night Free At Kimpton & More

 

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Hari
Hari

Popular post from previous day(Atleast for me) : $400 bonus for Wellsfargo checking account. Easiest and definitely the best checking account bonus from them.

Frank

Airlines need to pound sand over suing customers for buying plane tickets. If the systems charges me less to skip a flight then that’s their problem. The idea that a court would side with them is absurd

P
P

It’s not as long as they put it in their terms that you have to agree to in order to book the flights.

R
R

Don’t be so sure. Companies can put any language they want into terms and conditions, but that doesn’t mean they are legal or enforceable. For example, they could put in the terms and conditions that you have to walk down the airplane aisle on your hands. Most people don’t read the terms anyway. If that went to court, it would be thrown out.

Sarah D
Sarah D

Normally I would agree with you but I dont see how terms can be written to support this, as it amounts to compelling customers to take a flight.

They can certainly note your identity and refuse to do business with you, so I don’t know why they are going with litigation.

Yoni
Yoni

I think that black listing a skip-lagger and sharing info with code share partners would be more effective and put a bigger damper than using (probably shouldn’t have proffered that idea). Imagine telling an employer that you can’t fly Delta or
United and have to take a more expensive flight.

Haha sounds like they have no legal standing – “Lufthansa claim this trip should have cost him over $3,000 and are demanding that he pays the difference plus interest”. vs $725. Sounds like an Airline revenue or booking problem, mistake or error.

If it should have cost $3K+ seems like they should have charged that -otherwise it sounds like a “should have, would have or could have but didn’t mistake.” Suprised any judge wouldn’t dismiss the case after filling for lack of standing, unless carriage contract explicitly states that failure to complete all legs of book flight, airline reserve right to recoup full retail cost of flight booked vs average mean cost of.route actually flown.

Rene
Rene

> I’m also not sure why the judge gives Lufthansa a heads up that they are likely to lose

This is a German court. The German court system is very (like very) different from the US court system. It’s fairly common that a judge hints at the first hearing if a (civil) suite has little chance of success. If a (civil) suit points towards a draw, the judge may suggest early on that the parties settle out of court to avoid additional court and attorney costs.

Also, suing somebody in civil court is always a financial risk. The plaintiff generally has to pay the court costs for both parties in advance. Part of the Ruling is who has to pay the court and attorney costs. Usually, the losing side is ordered to pay the costs for both sides.

It is in both the plaintiff’s and defendant’s interest to get an early heads up and reduces scenarios where a plaintiff can pressure a defendant into a settlement just because it’s cheaper to settle than to win.

Stable Genius
Stable Genius

So what you’re saying is: they’re not so different after all.

Yoni
Yoni

SHOCKED- Lufthansa doesn’t use a boilerplate Binding Arbitration agreement – seems like most corporations use this to partially discourage the contingency civil lawsuits lottery. But 2017 tax law change puts a huge damper on contingency lawsuits as legal fees are no longer tax deductible by non-business or personal injury claims (i.e. mainly just car accidents)

Case in point $300 Million Roundup award Estate after taxes on punitive damages and atty fees plaintiff estate takes home $18 million of $300 million award. OUCH.

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