I bought a plane ticket for my brother to travel home for the holidays
using one of those dot com companies that doesn't show you the airline
or schedule until you pay for the ticket. Unfortunately, a week before
Christmas, our grandfather died and we both had to purchase last
minute plane tickets for an earlier date. After faxing the company a
copy of the death certificate, they offered to "exchange" the ticket.
Great, I thought, I will use the exchange to purchase a ticket for me
to visit my brother in Korea. (He left for a tour of duty in Korea
shortly after the new year). Unfortunately, when I went to perform the
exchange, I could change everything BUT the traveler name. Since my
brother moved to Korea shortly after Christmas, he has no way to use
the "exchange" option they offered. I complained that what they were
offering was a ticket CHANGE and not really an exchange. The company
refuses to budge on the issue. I even offered to take a 50% refund
instead of a full refund. The Better Business Bureau, credit card
company, and airline have all declined to help me with this issue.

My question: I know there are some legal whizes out there (you know
who you are) so I want your opinion... do you think I have a case in
small claims court? While I fully understand the company's no refund,
no change policy, I assert that when they agreed both verbally and via
e-mail to exchange the ticket they entered into a new contract. I
think a reasonable person would expect an exchange to include a change
of the name on the ticket in addition to origin, destination, and
travel dates. They failed to disclose what they meant by "exchange".

In principle, I think that I am in the right, considering a death in
the family and the fact that my brother is serving our country
overseas. It upsets me that this company will not consider the human
factors at all. However, I know that emotions and principles do not
win court cases so I would like an unbiased opinion.

Of course, I know that any answer I receive would be an opinion and
would not be upset if someone recommends that I have a case and then I
end up losing. I'm not asking if I would win a case, but do I have a
chance of winning? $545 is a little bit much to just walk away from.

Hi there,

I'm very sorry you've gotten snarled in the nightmare that is air
travel.

I'm also sorry to say that, while it's *possible* you might prevail in
a small claims case, you most likely will not.

Although the company made a "hardship exception" (also called a
"sympathy fare") for your travel plans when your grandfather died,
this in no way obligates them to change anything else for you.  In
fact, it is typically spelled out that by using their service, you
agree to *all* of their terms and conditions, as well as restrictions
on any tickets you purchase.  Hardship exceptions are provided as a
courtesy, and do not invalidate the rest of the contract, which you
explicitly agreed to when you used the service (as an example,
Priceline.com asks you to initial a box stating that you agree to all
terms and conditions).

Since you don't name the company you used, I cannot investigate
specifics for you, so I'll be using Priceline.com as a primary
example.

Priceline.com is very clear about their policy:

"If we find tickets at your price, we immediately purchase those
tickets and charge your credit card. Because you get to name your own
price, tickets purchased through priceline cannot be changed,
transferred or cancelled."

Priceline.com - Airfare
http://www.priceline.com/customerservice/faq/HowItWorks/air.asp

"Can I change the name on my ticket?

Priceline tickets are non-cancelable, non-refundable and
non-transferable. Tickets may not be transferred to another
individual. The name entered in the passenger name field when you make
your request is the name that will appear in the airline's reservation
system or on your paper ticket(s)."

[ Choose "Help", then airline tickets, then search on "transfer" ]

This same policy holds true with DiscountFlights.com:

"5. Can I transfer a ticket to someone else?

No, all tickets are non-transferable.
If one person cannot go and another person wants to travel, airlines
consider this as a cancellation of one person and a new booking for
another person."

DiscountFlights FAQ
http://etntelephone.com/faq/discountflights/8.html#6

From the Air Traveler's FAQ, Refunds section:

"Airlines do not allow name changes on reservations and tickets, to
prevent travel agents from buying up cheap fares with dummy names in
anticipation of selling them to real people later."

[1-15] Refunds
http://www.faqs.org/faqs/travel/air/handbook/part1/section-18.html

From CheapFares.com:

"If you disagree with any of the following Terms & Conditions, please
do not use this site. PLEASE READ THOROUGHLY.

AIRFARE TO ANYWHERE TICKETING:

* All tickets are non-refundable, non-returnable, non-transferable and
no upgrades are available. Because Cheapfares.com offers heavily
discounted fares, no vouchers, discount certificates or ticket
exchanges may be applied. Frequent flyer miles are accruable for most
airlines."

Terms And Conditions
http://www.cheapfares.com/90000.html

CNN's Travel Guide Essentials confirms that non-refundable tickets are
non-transferable:

"In addition, non-refundable tickets are non-transferable, which means
new tickets must be issued in the same name as that which appears on
the canceled ticket."

The ins and outs of non-refundable airline tickets
http://www.cnn.com/TRAVEL/ESSENTIALS/ADVISOR/9810/ticket.refunds/

You might, depending on the airline your tickets are with, be able to
obtain a full refund for your brother.

According to Priceline.com's Terms and Conditions:

"Ticket Restrictions

Airline tickets available through this Site are subject to the
published conditions of carriage and rules of the applicable airline."

Priceline.com Terms & Conditions
http://www.priceline.com/travel/airlines/lang/en-us/infoctr/termsnconditions.asp

Some airlines are waiving ticket change fees for military personnel,
and others will refund the tickets entirely.  *This is not mandatory.*
 It is solely at the discretion of the airline:


"01/10/03 - WASHINGTON (AFPN) -- Some U.S. airlines are adjusting
their rules so service members will not have to pay penalties if they
need to alter ticket reservations because of military duty.

AirTran Airways, Delta Airlines and Hawaiian Airlines now waive
ticket-change fees for servicemembers on military deployment orders,
while ticketing changes on Southwest Airlines are already free,
according to Jean Marie Ward of the Office of the Undersecretary of
Defense for personnel and readiness.

Ward said particulars of these carriers' programs can be viewed at the
Defense Department's military assistance program Web site. Information
from more airlines is expected to be added soon, she said.

According to General Service Administration officials, a number of
other airlines will waive ticket-change penalties if servicemembers
present copies of their military orders or a letter from their
commanders, Ward said. The waiver procedures are official company
policy for some carriers, she said, but not all reservation or
check-in people may know that. She suggested travelers call their
airline for waiver information before going to the airport."

Some airlines waive ticket-exchange fees
http://www.af.mil/news/Jan2003/11003621print.shtml

"The current pace of military operations has resulted in short-fuse
changes in orders and deployments for many military personnel.
Adjusting personal travel arrangements to accommodate new orders can
be complex and time-consuming, but it doesn't need to cost the service
member. Many airlines will waive the penalties associated with
reservation changes made in response to military requirements. Most,
however, ask for a hard copy document or printed email to verify that
the changes are made in response to military requirements."

Airline Ticket Changes
http://dod.mil/mapcentral/airtickets.html

Do give the airline a call.  That's going to be your best chance to
receive a refund.

I'm sorry I couldn't provide a brighter outlook for you.  I don't like
the way the airlines work, either.

I wish you luck!

--Missy




Search terms: [ non-transferrable tickets ], [ airline "change name"
ticket ], [ "sympathy fare" ], [ "military orders" airline ], [
"transfer tickets" ]...and digging around for Priceline's TAC.

---

Request for Answer Clarification by kkrueger-ga on 05 Feb 2003 20:58 PST

I guess I can't add a comment to my own question, so I will post it as
a clarification even though clarification isn't needed.

The company is indeed Priceline. I wrote a letter to the airline,
United, and they stated they could not offer a refund as their
contract with Priceline prohibits it. Priceline states that the
contract doesn't allow them to offer a refund either. How convenient.
I will not do business with Priceline again, ever.

I am curious if anyone would like to comment as to why an offer to
exchange the ticket does not constitute a contract? What separates a
contract from a courtesy offer?

---

Clarification of Answer by missy-ga on 05 Feb 2003 21:15 PST

Hi,

Briefly, to address your comment problem - be certain that you're
logged into your account before trying to comment.  If you log in,
then go to the question and scroll all the way down, you should see
the comment button near the bottom, on the right.

I forget to log in all the time, and have the same problem!  ;)

--Missy

Thank you for your answers, even though it's not what I wanted to hear.

My sister had purchased 2 tickets on Priceline to come visit me a
while back. A few weeks before the trip, her boyfriend's mother was
diagnosed with cancer. She cancelled her trip. Priceline was quite
accommodating in the sense that they 'listened' to her situation and
allowed her to find a way out of it.

She got a note from the Doctor stating the the cancer was not
diagnosed until after the tickets were purchased, and also stated the
depth of the illness. As this is somewhat of a crass note to have to
get from the Doctor, she nonetheless did it, and received a refund
from Priceline.

I would call Priceline again, speak with a supervisor and work the
empathy angle. Remember that any other phone calls you have made
regarding this ticket will be noted on the transaction, so the
supervisor will read that before speaking with you.

With regards to changing names on airline tickets, it is incredibly
hard to do. This came into play in late 1994 after the World Trade
Center bombing trial was over. This is also when they started
requiring positive ID upon flying. Anyway, while it is incredible
difficult, it is not illegal as some people will tell you.

Before you call a Priceline supervisor, call the United and ask them
what it takes to get a passenger name changed on an airline ticket.
Tell them that you have a ticket in your brothers name, and that he is
now on a tour in Korea (Camp Red Cloud, by any chance?). Say that he
will be there for a year and won't be able to use this ticket, and
that you'd like to get the ticket changed into your name. Maybe they
can do this and then just charge a 'change fee'.

If this doesn't work out, then call the Priceline supervisor. And if
that doesn't work, write them a letter. I find that people are much
more receptive to things in print than to telephone calls, when
dealing with complaints. Here is the key:

Don't just complain. Explain what happened, and tell them what you
expect to resolve the situation. If they have to come up with
something themselves, they often won't. And if they do, it might not
satisfy you. Tell them what you want, and then they can hand it off to
someone in operations with the note of "do as she wants".

I hope this helps. And I hope you get this resolved.

I once used Priceline for an air ticket and was very unhappy with the
results. I was flying from Philadelphia to Miami and they routed me
through Cincinnati with something like a 6 hour layover. I immediately
called and demanded to cancel the ticket. The first person could not
help me, but I eventually found someone who after much arguing agreed
to a refund. They refunded all but a $10 cancellation fee. I disputed
that fee and they would not budge. Then I disputed the fee with my
credit card provider and after 2 letters it was removed. The secret is
(and they try not to tell you about it) is that Priceline has a
department named something like "Dispute Resolutions." This department
has the authority to offer refunds even though they claim to have a no
refund policy. However, they won't tell you about this. One of the
reps slipped and referred to the department by name, but then later
denied it. Keep fighting - I got a full refund for less of a reason
than you. It just takes some persistence.

Thank you for your comments everyone. Believe me, I have tried very
hard to get this resolved. I've spoken to two supervisors in customer
service. I've strongly appealed based on the circumstances that my
family experienced. Customer Service said they had no power to issue a
refund, and any further concerns would have to be expressed in
writing.

So then I sent an e-mail to their executive offices. The response was
a form letter from Mr. Doug Reckers (I gather his job is to get rid of
upset customers) saying they don't offer refunds. In turn, I wrote a
letter to Lisa Gellingham, the VP of Customer Service. The response
was a voice mail from Mr. Reckers, stating that he would talk to me
but he stated in the voice mail they still could not offer a refund. I
wrote another letter in response saying that I would not speak with
him any further until he was ready to address my concerns. In response
I received another voice mail from Mr. Reckers stating he was ready to
address my concerns. I called him and he listened patiently, albeit
somewhat distractedly as I told him about the extenuating
circumstances and complained about their misleading "exchange" offer.
I point blank asked, "What is priceline.com willing to do considering
my circumstances?" His response was that they could do nothing. I even
offered to accept a 50% refund.

So that's where I'm at today. Last night I drafted a letter to the
CEO. I'm considering revising it, though, as it was a little bit on
the angry side. I probably don't need to point out to the CEO that the
company forgave a $2.1 million loan to him but they can't issue me a
$545 refund.

The interesting thing is that their SEC filings state that they
maintain a reserve fund for refunds. When I asked about this, Mr.
Reckers stated that this reserve fund is used for refunds in other
circumstances, not distressed families. I truly do understand a
non-refundable policy, and if my brother had simply decided not to use
the ticket for no particular reason I wouldn't be pushing for a
refund.

Words cannot express how sad and disappointed I am by this company's
behavior. Everyone I have spoken to in the company is obviously very
well programmed to listen patiently and at the same time offer nothing
in return.

Thanks for letting me vent everyone. :-)

On a mildly humorous note - I once purchased a ticket for a 13-year
old whose last name was "Child."  Somehow, she was ticketed her as
being a child, meaning that they did not reserve a seat for her, but
expected her to be able to sit on my lap.  Since the tickets were to
be picked up at check-in, I did not discover the problem till then. 
The flight was fully booked, the last flight of the night, and I was
traveling with my own four year old and someone else's 13 year old.

They kept insisting it was my fault, and that I was trying to change
the name on the ticket.

It was not actually very funny at the time.