Quote:
Originally Posted by mykalberta
In the contract of carriage for Southwest there is an adendum for refusing passengers based on appearance/smell etc.
No refund is therefore required. Southwest is only obligated to quote the contract of carriage and allow her to board if she then complies after changing. She should have been told that when she recieved her ticket, although if since she didnt go to the desk to check in its up to her to make sure she knows the rules.
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That is not the same as arbitrarily refusing service, which is what you implied was allowed. Further, the whole point is that the contract (which does not supersede laws that specify consumer rights, which I would suspect in California lean far more towards the consumer than the company) says unacceptable appearance is not allowed, and how will that standard be defined in a court of law, given that she sued the airline?
I submit that it would be community standards that would be a reasonable test of acceptability, and by that test, she should not have been denied boarding. So, she would probably win her case, regardless of what fine print the airline puts on the ticket disclaiming all need to compensate their passengers despite whatever arbitrary foolishness they get up to.