Question For You Attorneys

[ArcticDiver]

Under the law one can NOT refuse cash for a debt..

Now that is the question isn't it? Is that, in fact, the law? Or, is there some law that would apply to this situation and would allow the airline to have a no cash policy.

... you can always buy elsewhere.

Once sealed in the tube and over the Pacific this doesn't appear to be a viable option.

 

[AXL72]

I am not an attorney....but I stayed at a Holiday Inn Express once....and I watch Judge Judy

Hey...when you buy something, it is a contract, whether you have the contract written or oral.

So when you are on a plane, and you say, I want to offer you $3 for a teeney bottle of rum, and the pretty flight attendant lady or gentleman says, well, we will offer you the rum at the cost of $3.50 and you shall pay by credit card, then that is the start of a contract. If you agree and pay via credit card, you have agreed to the terms of the contract and when you get your rum, the contract has been fulfilled by both parties.

If you decline to pay by credit card, the contract is null and void, becuase it lacked agreement by both parties.

Contract = 1. offer and acceptance, 2. consideration, and 3. an intention to create legal relations.

airline offers you rum for $3.50 to be paid by credit card...and you have option to accept or decline the offer.

debt is only obtained if the airline gives you the rum, and u consume it without paying. So i am afraid you have to pay by credit card to get that rum, my friend.

:sofa: **hides from Andy**

 

[RonDawg]

From the Hawaiian Airlines website:

NOTE: As of October 16 all Hawaiian Airlines flights will be cashless. Inflight purchases, such as headsets or drinks, can be made using your debit or credit card.

More information can be found right here: http://www.hawaiianair.com/about/services/

 

[ArcticDiver]

From the Hawaiian Airlines website:



More information can be found right here: http://www.hawaiianair.com/about/services/

Of course that begs the question. Posting something on a web site doesn't make it legal. Is their practice legal, or just accepted?

 

[jeraldjcook]

I'm not a lawyer yet, just a law student but here it goes.

It's perfectly legal. Private business can set what policies on accepting payment they wish. Credit only, cash only, even quarters only, all would be perfectly legal. The question for the business is whether their customers will like their policy. The Coinage Act of 1965 (see 31 U.S.C. 5103) defines "legal tender" but does not require businesses accept it as payment.

 

[pir8]

I know that Spirit Airlines has the same policy. I generally just don't buy alcohol in the air.

 

[RonDawg]

Of course that begs the question. Posting something on a web site doesn't make it legal. Is their practice legal, or just accepted?

I would think a company as large as an airline would have cleared such a thing with their own lawyers, before providing fodder for other people's lawyers in the form of a publicly accessible website. The point is that they made an effort to notify potential customers of their policies, who can then decide whether or not to purchase a ticket from them.

All airlines have a "Contract of Carriage" that you agree to abide by when you purchase a ticket. Most of us don't bother to read it before happily handing over our credit card numbers, but it's there and we are obligated to abide to the parts that apply to us, just like they are obligated to abide to the parts that apply to them. This policy is simply an extension of that contract.

A few people, albeit none of them lawyers, have already stated that you probably don't have a legal basis to go after the airline. But, this is America, and you are welcome to further tie up our already overburdened court system over yet another trivial matter. Most people who are unhappy with Hawaiian Airlines' new policy would simply take their travel dollars elsewhere.

 

[shakeybrainsurgeon]

I don't know about airlines, but hotels routinely refuse people without credit cards, even if paid cash in advance. Why? as a hedge against room damage or expenses incurred beyond the room fee. They want a card to bill if you trash a TV or phone Taiwan for three hours. That said, I don;t know how this applies here...the refusal of cash is likely a convenience thing. No one wants to make change or handle cash (too easily embezzled by employees...ask the numerous churches who now take credit cards instead of cash during services!)

 

[ItsBruce]

I'm not in a position to do the legal research right now and probably won't remember to do it later ...but, my recollection is that federal law requires any business to accept legal tender of the United States. Hotels must accept cash, though they are able to require a credit card to secure payment.

 

[Hoosier]

It isn't a security issue? They have to leave and track down a record who bought and who is on board. I am not sure of it though.