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Is Frontier Airlines in violation of its Terms of Service for Go Wild passholders?

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lolcincylol

New member
Would somebody mind assessing the merits of my claim here?

Claim: Frontier Airlines is in violation of the terms and services of the Go Wild pass.

Background:
My partner and I hold (and have held for several months), Go Wild passes. Neither pass is expired, nor do they expire anytime soon. We also both renewed for 2024 full year passes. According to the terms of service, international flights can be booked "starting 10 days before flight departure for international travel." The only listed exceptions are for blackout dates and seat availability.

You can find the full T&C here (see Section 12)
You can find their promotional materials here (including list of blackout dates).

I have made copies of the above materials as of the date that we purchased our passes, since they could theoretically change these on the webpage.

FACTS:
Flight F9 70 from Denver International Airport (DEN) to Cancun on January 17th, 2024 leaves at 10:35am MT. This is an international flight. Therefore the flight should have been available for booking today, January 7th, starting at 10:35 am MT.

The date is not listed as part of any blackout dates, as stipulated in the terms of service.

Furthermore, on January 7th, at 1:15 pm MT, we were informed in person by Frontier's helpdesk at Denver International Airport that there were still 12 seats available on Flight F9 70 on Jan 17th. This information was documented. By any reasonable and plain interpretation of "flights and seats are subject to availability," it is evident that there are numerous remaining seats available for this flight.

Despite this, Frontier's website indicates (and has indicated all day -- we have been refreshing the page since 10:35am ET) that Flight F9 70 is not available for purchase using the Go Wild Pass. This is not an isolated incident, as this same situation has happened to us with two previous domestic flights that still had multiple available seats and which were within the 24-hour domestic booking period, and which were not on blackout dates.

In light of these circumstances, is Frontier Airlines in violation of the contract? Why or why not?
 


LdiJ

Senior Member
Would somebody mind assessing the merits of my claim here?

Claim: Frontier Airlines is in violation of the terms and services of the Go Wild pass.

Background:
My partner and I hold (and have held for several months), Go Wild passes. Neither pass is expired, nor do they expire anytime soon. We also both renewed for 2024 full year passes. According to the terms of service, international flights can be booked "starting 10 days before flight departure for international travel." The only listed exceptions are for blackout dates and seat availability.

You can find the full T&C here (see Section 12)
You can find their promotional materials here (including list of blackout dates).

I have made copies of the above materials as of the date that we purchased our passes, since they could theoretically change these on the webpage.

FACTS:
Flight F9 70 from Denver International Airport (DEN) to Cancun on January 17th, 2024 leaves at 10:35am MT. This is an international flight. Therefore the flight should have been available for booking today, January 7th, starting at 10:35 am MT.

The date is not listed as part of any blackout dates, as stipulated in the terms of service.

Furthermore, on January 7th, at 1:15 pm MT, we were informed in person by Frontier's helpdesk at Denver International Airport that there were still 12 seats available on Flight F9 70 on Jan 17th. This information was documented. By any reasonable and plain interpretation of "flights and seats are subject to availability," it is evident that there are numerous remaining seats available for this flight.

Despite this, Frontier's website indicates (and has indicated all day -- we have been refreshing the page since 10:35am ET) that Flight F9 70 is not available for purchase using the Go Wild Pass. This is not an isolated incident, as this same situation has happened to us with two previous domestic flights that still had multiple available seats and which were within the 24-hour domestic booking period, and which were not on blackout dates.

In light of these circumstances, is Frontier Airlines in violation of the contract? Why or why not?
I think it depends on how they count the days. If each day counts as one day, including partial days, then Monday the 8th would be the 10th day prior. If we are talking full 24 hour days, then today would be the 10th day prior as of 10:35 AM. See if the flight shows as available after midnight tonite, then after 10:35 AM tomorrow if not.
 

lolcincylol

New member
I think it depends on how they count the days. If each day counts as one day, including partial days, then Monday the 8th would be the 10th day prior. If we are talking full 24 hour days, then today would be the 10th day prior as of 10:35 AM. See if the flight shows as available after midnight tonite, then after 10:35 AM tomorrow if not.
Thank you. Assuming that we are talking about full 24 hour periods -- because that is how their domestic pass works -- 24h in advance -- would they be in violation?
 

LdiJ

Senior Member
Thank you. Assuming that we are talking about full 24 hour periods -- because that is how their domestic pass works -- 24h in advance -- would they be in violation?
Maybe, it would all depend on the fine print. It certainly seems like they might be. I would still be waiting until after midnight tonite and then possibly after 10:35 AM tomorrow to see what happens before I took it any further.
 

Zigner

Senior Member, Non-Attorney
Open seats on the flight doesn't mean that there are open seats on the flight for the class of ticket you wish to purchase.
For example, if the airline sets aside 10 seats on the plane for the "Go Wild pass," and all those 10 seats are sold already, then you can't book that flight, no matter how many other open seats there are.
 

cbg

I'm a Northern Girl
Maybe, it would all depend on the fine print. It certainly seems like they might be. I would still be waiting until after midnight tonite and then possibly after 10:35 AM tomorrow to see what happens before I took it any further.
And in addition, does the airline use the same time zone as the poster?
 
I'm not a lawyer, but based on the provided information, it appears that Frontier Airlines might be in violation of the contract. The terms and conditions seem to allow booking international flights 10 days before departure, with exceptions clearly defined. If Frontier is restricting access without a valid reason, it could be a breach of contract. Consulting with a legal professional for advice tailored to your situation is recommended.
 

quincy

Senior Member
I'm not a lawyer, but based on the provided information, it appears that Frontier Airlines might be in violation of the contract. The terms and conditions seem to allow booking international flights 10 days before departure, with exceptions clearly defined. If Frontier is restricting access without a valid reason, it could be a breach of contract. Consulting with a legal professional for advice tailored to your situation is recommended.
The original poster has not returned to the forum since first posting January 7. The issue probably has already been resolved.

Please look at posting dates and read through the threads so you know before you post whether your post is timely and adds some value.
 

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