Wow, they have a lawyer that specializes in Travel Law. I guess with the increasing consumer complaints against the airlines a travel lawyer would do well.
Devon
"I Agree" Could Cost You Your Rights
By Mark Pestronk
A recent Travel Weekly editorial "Shakespeare Was Right", November 11, 2002 took note of the monsntrous, 3,500-word contract on American Airlines' web site, to which consumers are required to agree by clicking "I agree."
If travelers purchase tickets on American Airlines web site (www.aa.com), what rights are they surrendering b y clicking approval of the agreement?
Travelers are giving up all of their consumer rights. American appears to have made itself suit-proof by throwing in every disclaimer and exculpatory clause known to the law.
Here are some examples:
"American Airlines makes no representatives or warranties as to the content's completeness or accuracy."
This means that if American gives the traveler a reservation for a nonexistent flight, and the traveler misses an important business meeting, American has no legal responsibility.
"American Airlines makes no representations about the content's suitability for any purpose."
So is www.aa.com suitable for making reservations? Not according to American Airlines.
"In no event shall American or it's affiliates be liable for any damages...arising out of, or in any way connected with, the use of...the site."
If your trip (arising out of your use of www.aa.com) takes place on a plane that crashes, this language can be interpreted to bar recovery of any damages against American.
Do courts uphold such one-sided and oppressive contracts? This is really two questions.
First, do courts uphold click agreements even when it's obvious that no one reads them? The answer is yes, as long as th euser has a chance to read it and to abandon the transaction before the sale is made.
The second question is whether the courts uphold such anti-consumer contracts. The answer in many states, in contexts unrelated to air travel, would be no.
However, don't forget that federal law prohibits state courts from issuing any orders or rulings affecting airline services. So I am certain that no state court would strike down this agreement.
Only the U.S. Department of Transportation could tell the airlines to roll back the anti-consumer language, and it is highly unlikely that the DOT will act.
Is the oppressive click agreement yet another reason why consumers should use travel agencies? You bet it is.
Mark Prestronk is Fairfax, VA - based attorney specializing in travel law. To contact Mark directly, e-mail him at [email protected]