Aer Lingus cancelled booking - what to do?

This is going to be covered again on RADIO 1 this afternoon, think its Gerry Ryan show, people who have been affected are ringing in. Should be interesting
 
"Price Guarantee: Availability or price is not guaranteed until you receive a booking confirmation. "

That does help our cause no end.
 
So I did a bit of revision on mistake and misrep and I don't believe Aer Lingus can rely on either.

On misrep - misrep only applies to untrue statements that don't form part of the contract but that influenced the decision to enter into the contract. The price was certainly a part of the contract!

On mistake
- where a common mistake of fact has occurred (both parties mistaken) the contract can only be rescinded if that mistake is fundamental to the performance of the contract. The fact that they are still running the flights in question shows the mistake wasn't fundamental and the contract is still capable of being performed. The mistake must render the contract's subject matter 'radically different'. Seems to me the subject matter stayed the same - flights to the US. Only thing that varied was the price. Mistake isn't available just to get out of a bad bargain.
- where a unilateral mistake of fact has occurred (only one party mistaken), the contract is void if one party knew of the other's mistake and took advantage of it. In this instance we certainly didn't realise Aer Lingus had been mistaken, we just though they were doing an introductory offer on their Summer sale.

BusyLizzy do you mean Joe Duffy?

ETA - it's on Joe Duffy now! Good woman Mary!
 
Could all of those who are going to bring a case print out the terms and conditions and all web pages in relation to bookings on A L now. These things can be changed at the flick of a button. No pun intended.
 
Bronte can you post the link to the 'price guarantee' clause you found? Good advice to print the pages out.

ETA - got it! To anyone else who's a bit slow like me, put in your destination and dates on the front page and hit 'search'. The price guarantee will be at the bottom of the next page.
 
Apple did this last year with a DSLR. Lots of people on the boards.ie ordered it, then Apple cancelled all the orders.
 
Yes there was a perfectly valid contract. Credit card was debited and all. Got the confirmation email with booking reference.
what I was told is the contract of booking a flight doesn't come into effect until your credit card is debited. You have this on your side. You are not the only one that jumped on these cheap flights and got bumped
 
The National Consumer Agency appear to be coming out fighting. There's hope yet!
 
At its simplist, the contract is deemed to come in to effect once "consideration" has been made. In this case payment by credit card.

If payment is actually deducted, not just a "hold" on funds, then I think it is safe to argue that consideration has been made and a contract is in force - and cannot be unilaterally changed. This will also include cases of debit and re-credit. And fairly sure about pre-approval.

I haven't taken the time to review the T&Cs on aerlingus.com, but it would be sound practise, as suggested, to print them off in their entirety, to avoid ambiguities at a later stage in the process.
 
Just to wish you all best of luck & hope you all get your tickets/flights. I reckon this is very bad PR for AL and I reckon legally you have a good case as there seems to have been offer, acceptance & consideration. (not a legal eagle!)

I'm just raging I didn't manage to book.

Print EVERYTHING...T&C, booking confirmation, any relavant websites you get directed to as it's amazing how these things can disappear!
 
Advice heeded Sam h, thank you!

Credit card company has confirmed the card was debited GoldCircle. One more check in our favour.

Hopefully the momentum doesn't run out of it now.

ETA - Ryanair are onto it already: [broken link removed]
 
Another link that might be of help:
[broken link removed]

I think aer Lingus will be shooting themselves in the foot (or two feet) if they don't do something for the approx 100 bookers.
 
Here's the Ryanair blurb ([broken link removed])

Ryanair News
News Release
17.04.08​
Beware of Aer Lingus Fakes! Only Ryanair Guarantees the Lowest Fares

100,000 €5 SEATS ON WWW.RYANAIR.COM



Ryanair, Europe’s largest low fares airline, today (17th Apr) announced that it will give away 100,000 €5 seats (including taxes and charges) on www.ryanair.com for travel in May and June and unlike Aer Lingus’ phantom €5 seats, Ryanair will honour them.

Aer Lingus, the high fares, way worse airline, this morning announced that it had ‘accidentally’ sold €5 fares on its website. Still reeling from the shock of having sold a few low fare flights, Aer Lingus contacted passengers and told them it was all a mistake before cancelling the flights! If Irish passengers are looking for the guaranteed lowest fares, there is only one place to find them and that is www.ryanair.com.

Speaking today, Ryanair’s Peter Sherrard said;

“Aer Lingus wouldn’t know a low fare if it jumped up and bit them - they only do high fares and fuel surcharges. On aerlingus.com a low fare is a ‘mistake’, on www.ryanair.com, it is guaranteed. Ryanair is today releasing 100,000 €5 seats on its website and will honour every single last one. You won’t find cheaper anywhere else, that’s guaranteed”.
 
Have these fools got no PR people whatsoever. What is approx 350,000 to a PLC like them. Surly the shareholders must be divided on the issue at the very least. If they had just gone public, held up their hands and honoured the flight before the nation realised everyone would be singing their praises. I am planing to go to Vegas in October and will now fly with BA via London out of principle even if my flight is honoured in full. AMATURES!!! they havent got a scooby doo.
 
Have these fools got no PR people whatsoever. What is approx 350,000 to a PLC like them. Surly the shareholders must be divided on the issue at the very least. If they had just gone public, held up their hands and honoured the flight before the nation realised everyone would be singing their praises. I am planing to go to Vegas in October and will now fly with BA via London out of principle even if my flight is honoured in full. AMATURES!!! they havent got a scooby doo.

Sorry if this is off topic but I'm also going to Vegas in October and booked though Delta, we're flying Dublin via JFK (4 days in NY) over and via Atlanta back and we got the whole lot for around 600 each including taxes and all that. Just an option you might like to check out!
 
Love him or loath him....you have to hand it to Michael O'Leary....he is a marketing genius!!
 
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