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JOAN & DAVID
Background
Joan booked some flights for her and her family to go on a holiday to Spain. When booking
on?line there was a clearly displayed notice that said “You may be charged additional fees for
excess baggage”. Joan read the notice but didn’t think that it was relevant as her family are
always sensible with their baggage and always seem to take less than other people. When
they check in at the airport they are told that they need to pay additional charges of £200 as
their baggage weight exceeds 40kg
David has signed up to a mobile phone contract with Purple Telecoms for £20 a month. After
he agrees to the deal he discovers that his friend Ben got the exact same package with Purple
on the same day for £15. He immediately calls Purple Telecoms to argue that the deal is
unfair.Task 3 (2 marks)
In relation to Joan and David which TWO of the following statements are correct?
? The excess baggage charge is likely to be deemed enforceable as the term is
transparent and prominent
? The excess baggage charge is likely to be deemed unenforceable as it fails the fairness
test
? The mobile phone contract price is likely to be deemed unenforceable as it fails the
fairness test
? The mobile phone contract price is likely to be deemed enforceable as it relates to the
appropriateness of the price and the term is transparent and prominentANS –
Task 3
? The excess baggage charge is likely to be deemed unenforceable as it fails the fairness
test
? The mobile phone contract price is likely to be deemed enforceable as it relates to the
appropriateness of the price and the term is transparent and prominentGood day sir,I don’t understand how the baggage claim failed the fairness test.I’ll appriate it if you can explain better.
Hi Eunice
On the face of it, I would find it hard to disagree with you. However! There is no mention in the stem of the question about baggage weight allowances. If the stem of the scenario had specified what the baggage allowance was and Joan’s family had exceeded that disclosed allowance, then, yes, I believe that the excess charge would have been allowed. But, because there is no indication in the question (there is in real life!) of the allowable weight, then such a vague comment as “You may be charged additional fees for excess baggage” would not likely be enforceable
OK?
As the answer states ‘The mobile phone contract price is likely to be deemed enforceable as it relates to the appropriateness of the price and the term is transparent and prominent’
If you sign a contract where the terms are ‘transparent and prominent’ what grounds do you have for any complaint?
The question (cannot) doesn’t give any indication why Ben was given the preferential deal – immediate possibilities could be that Ben was the 100th (1,000th, 1 millionth) customer and was just very lucky. Or the phone company made a mistake. Or the phone company employee was Ben’s brother. Or ….
But as I said above, if you sign / enter into a contract where the terms are clear and unequivocal, why do you think you should be able to complain just because your friend managed to negotiate a discount on the advertised price?
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