witek wrote:

>> pytanie brzmi czy jako klient mam prawo domagac sie realicji takiego
>> zamowienia? czy zamowienie zlozone w sklepie internetowym (i zaplata)
>> nie jest swego rodzaju umowa z ktorej sprzedawca sie musi wywiazac?
>>
> skoro nie ma, to ci sprzedać nie może
> udowodnij, mu że taki towar ma, np sąsiad w tym samym dniu kupił, to
> wygrasz.

Zaraz,, zaraz. Kto komu ma udowadniac? Towar sprzedany i koniec. Teraz
trzeba go wydac. A ze sprzedawali cos czego nie mieli w magazynie to juz
ich bol glowy.

> stoisz z góry na przegranej pozycji.
> odbierz pieniądze i szukaj gdzie indziej.


W ten sposob kazdy sprzedawca moglby powiedziec do kazdego klienta.
Tak sie nie bawimy w prawdziwym swiecie. W prawdziwym swiecie to
konsumenci podaja sobie nazwajem "fat finger specials" (fat finger =
gruby palec = pomylka przy klawiaturze) :-P

http://blogs.flyertalk.com/blogs/viewwing/
http://newyorkairfares.blogspot.com/

Polecam artukul w The Wall Street Journal 2005-05-26


Do Fiji za US$ 51... :-P



Booking a $51 Flight to Fiji Online

Consumers Race to Cash In
On Flurry of Pricing Errors
That Some Are Honoring
By AVERY JOHNSON
Staff Reporter of THE WALL STREET JOURNAL
April 26, 2005; Page D5

Just how do you know when a price is too good to be true?

In recent weeks, sharp-eyed consumers have spotted a number of travel
pricing mistakes -- including several $1.86 US Airways flights, and a
$51 flight to Fiji on Travelocity -- and have raced to cash in.

But in an era in which low airfares are proliferating, and rock-bottom
promotional prices on travel are commonplace, sometimes it can be tough
to tell what is real and what isn't.

Pricing mistakes are a growing headache for travel companies since
consumers are increasingly able and willing use the Internet to quickly
spot and snap up low prices. As a result, it is getting easier for them
to take advantage of pricing slip-ups that happen often when prices are
updated in real time before the company can correct the mistake. For
instance, in less than a half-day, about 1,000 mispriced US Airways
tickets were bought before the airline caught on.

Companies aren't always obligated to honor deals like these. Legal
experts say that, under contract law, a buyer enters a deal with a
seller as soon as a seller makes an offer and the buyer accepts it.
However, if the offer really isn't to be believed -- in other words, if
a reasonable person would recognize that it was clearly a mistake --
then a court could rule that there was no offer, and therefore no contract.

London's Lanesborough Hotel accidentally sold some rooms for about $67,
instead of 10 times that price.

Still, in several recent cases, the companies went ahead and honored
part or all of the deal, even though the prices were a mistake. This
month, for instance, London's luxurious Lanesborough Hotel mistakenly
sold rooms online for ?35, or about $67, instead of ?350. The
Lanesborough, a Starwood Hotels & Resorts Worldwide Inc. property, gave
people who had booked one reservation each at the low rate, up to a
three-night maximum -- but excluded perks like airport car transfers.

The recent round of snafus started in early April, when Sabre Holdings
Corp.'s Travelocity was selling an Air Pacific flight from the West
Coast to Fiji at $51, including all taxes and fees. (It was supposed to
be a companion fare.) Travelocity Chief Executive Michelle Peluso on
April 13 decided to use the mistake to make a statement about the
company's new "customer championship" campaign, which entails, among
other things, trying to fix mistakes like these before they are detected
and to "make things right" for consumers. She logged onto Flyertalk.com,
a Web site for frequent travelers where many blunders like these are
reported and discussed, and told the users there that her company would
let everyone fly at $51 who booked while the price was valid. She says
the company wasn't legally obligated to honor the fare -- and won't
necessarily in future cases.

In the case of the Lanesborough Hotel, within 10 hours of posting the
price, 34 people made 86 reservations -- in at least one case, for a
block of 30 nights, the hotel says. At first, the hotel offered to
rebook the customers at ?350. About 24 hours later, Starwood backed down
and offered the three-night compromise. (Customers who reserved through
Cendant Corp.'s Orbitz got all the extras, including daily breakfast
with champagne upon arrival.)

A couple of days later, US Airways started selling a $1.86 (plus taxes)
roundtrip fare originating or arriving in eight minor-market cities,
including Lebanon, N.H. and Hilton Head, S.C. The company says about
1,000 tickets were sold and it has decided to honor them.

The past week's blunders aren't the first time pricing snafus drew a
flurry of rapid-fire buying by online bargain hunters. In 2000, UAL
Corp.'s United Airlines for 55 minutes showed some international flights
for $0 (not including various taxes and fees). (The company gave people
who booked the flights three options, one of which included honoring the
fare, and since then has put up a disclaimer that tickets bought on its
Web site could be mispriced).

In 2001 at the W Times Square hotel in New York, a Starwood property, a
rate was listed as $25 instead of $250. The hotel honored it because
only 250 rooms were booked. The following year, when Starwood's Bora
Bora Resort & Spa mispriced some luxury bungalows at about $85 rather
than $850 and 136 people booked 2,631 rooms, the company struck a
bargain: It told guests it could sell the rooms for $531.

While companies aren't necessarily obliged to honor deals if they are
clearly a mistake, in the current climate of declining airfares and
deep-discount pricing, it is possible that some judges in a court of law
might uphold a consumer's claim to some rock-bottom deals, according to
Elizabeth Warren, who specializes in contracts at Harvard Law School. A
retailer "can say he's selling it all off -- and if the customer has
reason to believe him, then the sale holds," she says.

Still, Michael Geist, a professor at the University of Ottawa focusing
on Internet and electronic-commerce law, points to recent cases to show
that most companies can get out of honoring errors by writing provisions
into the fine print.

The Department of Transportation, which regulates airlines, says if the
facts show that the posting is a clear mistake and is corrected quickly,
the carrier won't be held to it. Consumers can file complaints at
a...@d...gov.

The Federal Trade Commission, which oversees hotels, weighs in only on
systematic problems, says Eileen Harrington, associate director of
marketing practices. Consumers who feel duped by a hotel can go to
small-claims court.

Write to Avery Johnson at a...@W...com