Lawyers and stuff (was: Re: [thelist] Site Critique Request ( WJ))

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Seb

I think the issue wasn't so much "Why is this disclaimer
on the site?", more "Why is this disclaimer?"

If WestJet take the position that they can't accept online
bookings from disabled people, then it should absolutely
be on the Ts&Cs*. What's scandalous (and a PR disaster)
is that they can't accept online bookings from disabled
people, not that they're telling people about it.

* you could argue that it should be at the *start* of the process,
not the end, but that's detail.

Martin Burns
xtn 20867
External tel: 0131 523 0867
mobile: 0793 151 8480
> <><><><><><><><><><><><><><><><><><><><><><>
> 
> -----Original Message-----
> From:	seb [SMTP:seb@admin.evolt.org]
> Sent:	Friday, January 07, 2000 2:17 PM
> To:	thelist@lists.evolt.org
> Subject:	Lawyers and stuff (was: Re: [thelist] Site Critique Request
> (WJ))
> 
> *** Warning : This message originates from the Internet ***
> 
> > > > > "PERSONS WITH SPECIAL NEEDS AND UNACCOMPANIED MINORS: The WestJet®
> Web
> > > > > Site is not designed for use by persons with special needs or
> > > > > disabilities or in respect of unaccompanied minors. WestJet®
> RESERVES
> > > > > THE RIGHTS, WITHOUT LIABILITY, TO CANCEL ANY RESERVATION MADE
> THROUGH
> > > > > THE WestJet® Web Site BY A PERSON WITH SPECIAL NEEDS OR
> DISABILITIES"
> > <sarcasm> Gee! can I put this on all my sites and forget about
> validation?
> > How does your browser sniff UNACCOMPANIED MINORS?
> > I didn't see any thing in the source? is it server side?<snipped>
> > > </sarcasm>
> 
> Let's take WestJet as an example. Now, suppose that the notice about
> people with disabilities and minors was not displayed, and minor bought
> a ticket to fly WestJet. This person turns up at the airport about to
> depart only to be told to go home because that airline won't let them
> fly unaccompanied. It can be argued in law that without disclaimers, the
> site presented the products as available to all people without
> exception, and is therefore advertising its products falsely. False
> advertising not only opens up the site to a lawsuit, but in the United
> Kingdom (I don't know about the US) opens the site up to a criminal
> prosecution as well.
> 
> As a web designer, you might think that disclaimer is dumb and going to
> put customers off, so you "forget" to put it on the right page. Now,
> you're personally and legally liable for that action, and if somebody in
> our hypothetical situation decided to sue, it's *you* that WestJet could
> claim the damages from.
> 


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