CONTRACT LAW

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 prominent ANS - 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 prominent Good day sir,I don't understand how the baggage claim failed the fairness test.I'll appriate it if you can explain better.