Missed flight, can we take the airline to court to claim money to rebook remaining flights? A couple of weeks ago me and my partner went on holiday. We had booked with Thai Airways and had a multi-part ticket. London -> Bangkok, Bangkok -> Tokyo, Osaka -> London (via Bangkok) On the day of the Bangkok to Tokyo flight (Nov 17th), I had food poisoning, we got to the airport, but I was constantly throwing up and severely dehydrated, so we saw the airport doctor, they ruled me not fit to fly and sent me to the hospital in an ambulance, my partner stayed with me the entire time. Whilst at the airport doctor's, one of the nurses took our flight information and went up to inform Thai that we wouldn't be able to make the trip (this was about 4 hrs before the flight was due), unfortunately there wasn't anybody manning the check-in desk so they weren't able to notify them, however they said they would return later to let them know. I sent an e-mail to Thai the following morning (Nov 18th) when I was no longer incapacitated checking whether the remaining flights were still valid. The morning after that (Nov 19th), I received a call from Thai at 9am at the hospital saying that unless we rebooked our tickets (with a new Bangkok to Tokyo flight) at a cost of £1000 each (the original ticket cost us ~£740 each) by 11am, all our remaining flights would be cancelled. We believe the airport doctor notified Thai (in Thai's T&amp;C it states if they are informed prior to the flight they won't cancel the remaining flights), though we don't have any physical evidence. We could have booked a flight to Tokyo by ourselves for aprox £300 each on the day. Would there be any room for us to take Thai Airways to court to reclaim the £2000 we had to pay?
No You missed the flight. Thai is not responsible for your acts and omissions. As for the check in desk, they are often unmanned, however, Thai have an email address and a telephone number that is manned 24/7. I am surprised that you couldn’t find any Thai airlines staff in all of Bangkok airport given that it is their home base. This is precisely what travel insurance is for. Assuming that the fee was correctly charged under the contract terms in the relevant circumstances you have no right to have it waived. Thai might waive it gratuitously if you ask but they don’t have to.
My thinking is that there was no meeting of the minds, thus no acceptance. ( I can see that shipping the goods implies acceptance, however I understand that acceptance implies a meeting of the minds - and there would have been subterfuge to modify the return page with the lower amount - thus at the moment of apparent acceptance there was no actual acceptance) I doubt you would have a case against the other party criminally, but quite possibly in a civil court.
Normally the statute of limitations is five or six years (I think it's different between Scotland and the rest of the UK). The reason for the limitation is that if your employer asks for money back, you obviously should be able to defend yourself, for example by proving that you never received that money. After five or six years it is assumed that you wouldn't be able to provide any such evidence, so nobody can ask for the money back anymore. That's not specific to overpaid wages but quite general. In addition there is the question whether the pilots should have known they were overpaid. For example, I'm quite happy with my salary, but if it was less, I would look for and find a different job that pays better. If the company claimed in five years time that I had been overpaid all the time, then I would say that if they had given me the "correct" lower payment, I would have found a better job elsewhere, so asking me to repay the money seems quite unfair. (Why do you need to defend yourself? Maybe your salary was £3,000 per month. Someone in the right position records that they are paying you £4,000 but puts £3,000 into your account and £1,000 into their own. Then that person has an accident and their replacement finds that you were overpaid according to their records.)
UK seat belt law is here. What you were doing is illegal and carries a fine of £500. As to your specific questions: How illegal is this? It is not a criminal offence in any way. What is the possibility of me getting caught? If a police officer notices you will almost certainly be booked. What is the possibility of being noticed? Depends where you are. If I'm caught what fines and / or penalties can I expect? £500 What's the absolute worst that could happen as a consequence of my actions? You could crash and your passengers could die, you would then go to jail for dangerous driving occasioning death. Having 2 people in a seat belt is extremely hazardous - it would be far safer (but still illegal) to have one person in the seat belt and the other one unrestrained. Could it be possible for me to get away with a warning? No Could I get my licence revoked? (:/) Seat belts offences do not carry a points penalty so, of itself, it would not lead to loss of your licence.
No Let's consider a similar scenario. If you made a beverage which poisoned a number of people, would you be absolved of liability because you gave it away for free? Of course not. As there is no contract between you, they would have to bring an action against you in the tort of negligence or negligent misstatement OR under consumer protection law. To succeed at tort they would need to prove that you owed them a duty of care; from Donoghue v Stevenson "You must take reasonable care to avoid acts or omissions which you can reasonable foresee would be likely to injure ... persons who are so closely and directly affected by my act that I ought reasonably have them in contemplation ...". Most cases will founder on your inability to foresee the use to which your software may be put. Consumer law is jurisdiction specific but they generally contain warranties that what you provide (gratis or otherwise) is fit for purpose, merchantable and that you do not make false and misleading statements. There is a chance that a case brought under this sort of law could succeed as you have not limited the purpose, specifically declared that it is not of merchantable quality and have (presumable) said what it does so that, if it doesn't do what you said, you have been misleading and deceptive.
Yes, the correct forum is the Local Court in the relevant state (in some states these are called Magistrate's Courts). The amount is too large ($10,000) to qualify as a small claim . If you want to do it yourself the court websites are very informative and in NSW, at least, the process can be initiated online including your paying for the Sheriff to serve the summons (they will not find the person, you have to give them an address). After being served they have 28 days to file a defence or you can get a default judgement and begin recovery. If they do file a defence then things will get more expensive. Of course, you may want to hire a local lawyer.
If you innocently took the oven glove by mistake there is no possibility of criminal consequences. Now that you know it is not yours, you must return it as soon as possible. You may be liable for the losses caused by taking the glove, and that could extend as far as some fraction of the cost of a replacement glove if they have already replaced it. You cannot (legally) hold his glove hostage for the return of your desk. Deciding which glove is which is tricky. Given the cost of new oven gloves, I would go round with both and ask him which is his. Even if he takes the nicer one which isn't his, you are only down a few dollars. The messy hall should be a separate question (and risks being closed as asking for specific legal advice - I think you need your own paid-for lawyer for that).
It appears you would need to contact the Calgary courts directly to discover more about the case(s) as any case files will likely be held with them. It's possible that the case was dropped, or that they were found &quot;not guilty&quot; which would explain the lack of further news on them. I searched the Canadian Legal Information Institute's website for you but wasn't able to find any criminal cases involving them — only some civil cases around bankruptcy and creditor claims.