הרב דוד אוחיון - ברכת אברהם משיב כהלכה
Country: ישראל

on: Hi, I was booking my summer trip to Israel and found a “glitch” on Deltas Website. They listed the first class seat as the price for the economy seat. I immediately bought the first class ticket because it was the cheapest fare solely due to this glitch . An hour later the glitch was fixed however I got my first class ticket and bought it for $600 when the fee should have been 3500. Is this Genava? Did I steal because of this glitch?

: First of all, congratulations to you for your fairness and honesty. From the point of view of Halacha, when a seller prices the product to you at a price that is clearly due to a mistake, [as in your case it is clear that there was an error on the site and a price is given to the first class as to the regular department]. In such a case, the determination of the price has no validity, and the seller may cancel the sale or request the price difference, according to the buyer’s decision. However, since according to the provisions of the Civil Law, the company is obligated to the prices that appear on its website, and cannot cancel the sale if the buyer purchased at the price that appears on the site. And since the Company operates in accordance with the provisions of civil law. Therefore, even from the point of view of Halacha, the purchase transaction was made in accordance with the rules of the law, and the sale has validity, and you are not required to pay the price difference or convert the ticket in a seat in a regular class. In addition, to the best of my knowledge, the company is owned by non-Jews, and from the point of view of Halacha, the mistake of the gentile is permissible, and you are not obliged to reply. Moreover, regarding your question, the case is easier, since it is not an error that was not brought to the attention of the company, but the company discovered the mistake and yet did not approach the buyers with a request to convert the ticket to a regular class. Therefore, this should be seen as their consent to the sale, and the forgiveness of their right ‘if any’ to contact you to cancel the sale. Wishing you a pleasant flight and an enjoyable vacation Rabbi David Ohayon Jerusalem, the Holy City   Sources and reasoning

Question:

Hi, I was booking my summer trip to Israel and found a “glitch” on Deltas Website. They listed the first class seat as the price for the economy seat. I immediately bought the first class ticket because it was the cheapest fare solely due to this glitch . An hour later the glitch was fixed however I got my first class ticket and bought it for $600 when the fee should have been 3500. Is this Genava? Did I steal because of this glitch?

Answer:

First of all, congratulations to you for your fairness and honesty.

From the point of view of Halacha, when a seller prices the product to you at a price that is clearly due to a mistake, [as in your case it is clear that there was an error on the site and a price is given to the first class as to the regular department]In such a case, the determination of the price has no validity, and the seller may cancel the sale or request the price difference, according to the buyer’s decision.

However, since according to the provisions of the Civil Law, the company is obligated to the prices that appear on its website, and cannot cancel the sale if the buyer purchased at the price that appears on the siteAnd since the Company operates in accordance with the provisions of civil lawTherefore, even from the point of view of Halacha, the purchase transaction was made in accordance with the rules of the law, and the sale has validity, and you are not required to pay the price difference or convert the ticket in a seat in a regular class.

In addition, to the best of my knowledge, the company is owned by non-Jews, and from the point of view of Halacha, the mistake of the gentile is permissible, and you are not obliged to reply.

Moreover, regarding your question, the case is easier, since it is not an error that was not brought to the attention of the company, but the company discovered the mistake and yet did not approach the buyers with a request to convert the ticket to a regular classTherefore, this should be seen as their consent to the sale, and the forgiveness of their right ‘if any’ to contact you to cancel the sale.

Wishing you a pleasant flight and an enjoyable vacation

Rabbi David Ohayon

Jerusalem, the Holy City

 

Sources and reasoning

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