Question
In december of 2019 jordan and his friends were discussing a european vacation for the summer of 2020, they started to do some research and
In december of 2019 jordan and his friends were discussing a european vacation for the summer of 2020, they started to do some research and decided they would travel to Italy in August 2020. In early January, jordan received a facebook posting advertising discount airfares. he hit the link and was taken to a third party travel site not the actual airline. the deal was excellent so Jordan decided to go ahead and book the flights. He entered his personal information, travel dates from August 8to 22, and was taken to a page with a Hot Button that he had to click on that said"I have read and accept the Terms and Conditions" there was a link to the terms and conditions but it was not actually necessary to review them. Jordan clicked on the button without reading and proceeded to pay for the flights. Jordan's tickets are non-refundable.
Within the terms and conditions was this clause:
Bookings cannot be cancelled or changed, and are non refundable , unless otherwise expressly stated as part of your order or in these terms your ability to cancel to change, or to obtain a refund for your booking, is subject to your travel service provider's additional terms, including as applicable airline fare rules and regulations.
there is no direct link provided to the airlines's policies within the third party site. however, the travel service provider's additional terms include the following provision"
the carrier will not guarantee and will not be held liable for cancellations or changes to flight times that appear on passengers' tickets due to unforeseen circumstances, including but not limited to war, political matters, labour disruptions or strikes.
1Explain if there is an enforceable contract, and identify the parties?
2 Can jordan get his money back? why or why not? Confine our answer to contract law principles. Identify relevant legal principles and particular facts to support your answer.
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