Champagne Service Lawsuit

[7ECA]

Apparently Sunwing should've know better than to serve sparkling wine in place of their advertised bubbly.

A Canadian man has filed a lawsuit against Sunwing Airlines for promising a champagne service and instead serving sparkling wine.

Daniel Macduff booked a holiday to Cuba through Sunwing that advertised a complimentary on-board champagne toast.

Mr Macduff, from Quebec, said he received a cheaper bubbly instead - and only on the outgoing flight.

The airline said it believes the lawsuit "to be frivolous and without merit".

Mr Macduff's lawyer says the class action hinges on misleading marketing and not the quality of the wine served.

Emphasis is mine...

http://www.bbc.com/news/world-us-canada-41669611

[linecrew]

I hate when people are too stupid to realize that they should be ashamed of themselves and/or their actions....

[rookiepilot]

Lawsuit? Frivolous. My perception of considering Sunwing a travel company to be remotely quoted in the same sentence as "Champagne Service"? Ditto, frivolous.

[crazyaviator]

Daniel Macduff

Must be from the entitlement part of the country !

[confusedalot]

Daniel Macduff

Must be from the entitlement part of the country !

Sooo....which part of the country has a preponderance of Scottish heritage?

[complexintentions]

Well, I guess now we know photofly's real name!

[crazyaviator]

Maybe French AND Scottish !

[JBI]

The article straight up says he's from Quebec. Not that it matters too much, I've dealt with frivolous lawsuits from all over the country.

Truthfully I find this one pretty funny. I've never practised law in Quebec so am not completely familiar with their civil code and couldn't say how the Quebec Courts will determine damages if there was a breach of contract. However, in common law provinces, even if it were determined that there was a cause of action that was outside the scope of the Montreal Convention, the plaintiff still has to prove damages. How much could someone reasonably argue they were owed because they were given Sparkling Wine instead of Champagne? (Difference between cost of a glass of cheap champagne and cheap Sparkling Wine?)

All that being said, if MacDuff (killer of Macbeth in Shakespeare's play) really wanted his champagne and has financed a lawyer, this would be a fun lawsuit to be involved in.

[lownslow]

Woe be he who cries, "Hold! Enough!"

[lownslow]

Oh, and lest we forget the lawsuit that came up from ordering a 7up on a plane and getting a Sprite. That was what, seven million, or one million for each 'up' the plaintiff felt they were shorted?

[linecrew]

Oh, and lest we forget the lawsuit that came up from ordering a 7up on a plane and getting a Sprite. That was what, seven million, or one million for each 'up' the plaintiff felt they were shorted?

That'll buy them a lot of Epipens...

[photofly]

Well, I guess now we know photofly's real name!

I don't think it's taken so seriously in Canada, but in Europe Champagne is a protected term; it's illegal to refer to a drink as Champagne unless it's sparkling wine from the Champagne region of France produced under the "applellation" system as "Apellation Champagne controllée". Oherwise there are big big fines.

Similarly Parma ham can only refer to ham from Parma, Scotch whisky must come from Scotland, only cheese from the traditional producing region can be called Parmesan, and lots of others. Greek yoghurt has to be made in Greece, otherwise it must be labelled Greek-style yoghurt.

As for this case, I don't drink, so I don't really care what they serve, half a cup of cheap plonk or not. I would want them to get me to my destination on time and avoid indeterminate ground delays.

[TG]

Yes, might sound like a "frivolous" lawsuit but it is pretty misleading to call some random sparkling wine Champagne!



It would be like advertising a Bud Light as a Guinness

[rookiepilot]

These guys have a bit more of a case. Can't even get a refund.

http://www.cbc.ca/news/canada/manitoba/ ... -1.4317282

Champagne service? Not by my taste buds....

[photofly]

Or you could get put in a seat with bedbugs...
http://www.bbc.com/news/world-us-canada-41685266

[confusedalot]

Is it possible that one who expects Dom Perignon on a cut rate vacation may possibly be somewhat out of touch with reality?

[photofly]

Certainly. But “if you think we’re providing what we say we’re providing you must be out of touch with reality” is a curious defense strategy.

[sanjet]

Maybe he is actually right? Why is it justified to falsely market a product/service regardless of what you pay.

[photofly]

He is right. But most people would consider a lawsuit a very heavy hammer to crack a tiny tiny nut.

[Bede]

I'm pretty sure that any reasonable person sees the term "Champagne" as the level of service, not a product that you actually get. On my team, we have WestJet Gold rewards or something like that. I have yet to see us reward anyone with any gold, real or imagined.