Was the $90 Dolphin rate invalid?

[Geoff_M]

On the legal front, most websites have legal disclaimers that declare that the business is not responsible for typographical errors or other such incorrect data in the site. Here are some example:

Expedia:

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EXPEDIA, INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.

EXPEDIA, INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE.

Our own Dreams Unlimited:

4. Warranty Disclaimer. Use of any information obtained via the site is at your own risk. Neither Dreams Unlimited Travel Services, Inc. nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does the Company or its licensors, employees or agents make any warranty as to the results to be obtained from use of the service.
...
Although the company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the company by sending email to webmaster@dreamsunlimitedtravel.com so that it can be corrected.
...
10. Dreams Unlimited Travel, it's agents, and represented resorts and companies are not responsible for issues arising from misquotes, misprints or technical failures that may result in misquotes. No quotes for service are considered final until such time as direct payment is made on said quote, and payment has been charged to a major credit card.

And From Starwood.com themselves:

The site is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, or non-infringement, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL STARWOOD, ITS AGENTS, REPRESENTATIVES OR LICENSORS be liable for any LOSS OR INJURY OR ANY damages, either direct, indirect, punative, special, incidental, consequetial or otherwise, resulting from, or in any way connected to, the use of this site OR ANY STARWOOD INFORMATION, in each case regardless of whether such damages are based on contract, tort, strict liability, or those other theories of liability. Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST STARWOOD, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE OR ANY OTHER STARWOOD INFORMATION.

There have been a couple examples of errors in on-line reservation systems giving out very attractive, but erroneous, prices. An airline's web site recently, due to a programming error, tickets to Europe for something like $25. The error was found and the reservations were cancelled with no liability to the airline. I guess the moral of this story is... It doesn't hurt to double check a reservation by phone.

For that matter, even reservations taken over the phone or in person are not legally binding agreements or even a guarantee of a room or ticket until payment is accepted.

 

[dalepool]

Sounds like a teenage tactic-----lets close their eyes--spin 'em around----now make them walk a straight line. I never saw a disclaimer during, while, or after making the reservation. I'm looking now at the info I printed out--3 seperate statements--nothing there. Seems like if this is so important to the company they would have it print out with the confirmation. See where I'm going here?

Starwood is going to let me know tomorrow if they are going to honor this reservation.

The $25 round trip to Europe was honored by UNITED AIRLINES---Gee, that was a stand up thing to do-----

I have disclaimers in my business contracts------So there is never a question wether the client has read the information I have a line before each and every paragraph for the client to initial. I also have a short sentence at the bottom of contract where the client signs that they have read and UNDERSTAND their obligations. Lets see, where is the disclaimer for the Starwood site? Let me tell you even in the "old days" when making a reservation with a LIVE agent mistakes could be made by the reservationist----were those not honored?

If my employee makes a mistake-----I do my best to take care of the issue---but I honor the deal.

I'm a Bail Agent----Yes, Once a client got a GREAT DEAL---via an employee mistake----Yes, I honored the deal. Did I make money on the deal? NO. ( client showed up for all court dates ---so in that respect I didn't lose the big money either) . I admit I didn't like it but I did the right thing. Employee was my agent and was acting on my behalf. I would think the computer experts were working on behalf of Starwood. I'm lucky enough to also have a college degree in Computer Programming ( graduated in the early 70's)---I know there are safety nets----just for this type if issue. The type of work Starwood was doing on the net would require more than one employee---each should have programmed a safety net----or at best looked over the others programming. I found the site in question 4 or 5 different times---I didn't even book right away I discussed it with my husband first.

Hope Starwood does the right thing

PattyN

 

[pinsandneedles]

how were you able to get such a fast reply. They told me it could take up to ten days.
Let us know how it turns out. I too feel the same way you do, and responded to Starwood in the same manner. Good Luck!!

 

[Geoff_M]

dalepool,

All of the disclaimers I posted were linked to from the home page of each site. They're easy to find. Look at the bottom and you'll see a link named something like "Site Use Policy". If they tacked the Use Policy on the end of reservation it would add about three pages of information to everything that was printed.

Perhaps you thought I said Starwood should not honor the rate, that's not the question I was addressing. I was addressing the issue of whether or not they are legally obligated to give you the rate. I agree that it would make good business sense to honor the reservations.

You are correct that United did honor the fares. I read about the situation when it occurred and United did initially cancel the reservations. I've now learned that it was only later after public outcry of "unfair!!!" did they change their minds.

 

[dalepool]

Pinsandneedles---I would think they are acting on my reservation in a speedy manner as I will leave for WDW in the next couple of weeks.

Geoff_M-----I have actually read the disclaimers----( I need to get a life)----I'm just saying print an abv. version of the disclaimer with the confirmation. When I book an airfare on line I am given the opportunity to click on an area called---FARE RULES---this area gives me the rules for the fare I'm am interested in --It includes Dates of travel--seasons---days to get the lowest fare----wether a senior rate is available ( not that I'm a senior). This is all done on the page before I make the cc payment. I actually printed out a copy of " FIND ROOM & RATES: RATE DETAILS" ---2 PAGES-- No where is there a place to "click" for site disclaimer. Please note reservations--special--home--resorts--etc--are located at the top of page---Guess I need to look at the whole page not just the area where you click on "reservations and rates". ( That was meant to be funny). All the posts have been very helpful. Thanks to all who have taken the time to post their view or experience.


PattyN