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To be clear, unlike many people it seems, I don't disagree with the principle of differentiated pricing, because I value the upside - cheap marginal seats. And
by barrkel 8y ago
To be clear, unlike many people it seems, I don't disagree with the principle of differentiated pricing, because I value the upside - cheap marginal seats. And indeed I'm not disputing that tickets are contracts.
I do think that it's reasonable for people to assume, up until now, that tickets are options - that if you no longer agree with the terms before you've exercised it, you can just discard the ticket. That's the only real point I wanted to make, because you made it sound as if it's obvious that tickets may reasonably come with positive obligations to exercise, and I didn't think it was obvious to non-lawyers.
I found it interesting that https://en.wikipedia.org/wiki/Ticket_cases https://en.wikipedia.org/wiki/Ticket_cases talks about retaining the ticket being a condition for being bound by the contract, that using the ticket is equivalent to signing the document, and whether a reasonable person would have known about the terms. Sounds like there could be some edge cases in there, but I don't have the education to be enlightening.
- detaro 8y agoIn the case from the article, the passenger claimed these terms were surprising enough to not be valid part of the contract. The court said that because price differences between combination tickets and single tickets are common and well-known it shouldn't be too surprising that the terms include a rule about this.