NUDGES: AN ALARM FOR CONSUMERS AGAINST UNFAIR TERMS IN ONLINE BOOKING FLIGHT TICKETS

Abstract

Unfair terms are the terms that give an advantage to one party in a contract while giving a disadvantage or negative impact to another. With the rapid development of information technology, online business has increased and resulted in the wide use of online contracts. Therefore, it has been a common practice for the commercial industry to use standard-form contracts. The airline industry has become important nowadays because people commonly use the service to purchase flight tickets to travel to other countries for vacation, work, and study abroad. It is more efficient, easier, and practical to purchase flight tickets online, yet when the buyer uses the airline website to book flight tickets especially by ticking a box to affirm the acceptance of the contract of carriage, they are bound to the agreed terms and conditions. The objective of this paper is to discuss the protection of consumers against unfair terms in the online booking of flight tickets. The focus of this study is to 1) discuss unfair contract terms and standard form contracts; 2) identify unfair terms in online booking flight tickets, and 3) suggest the protection of the consumer in online booking flight tickets. This study is purely qualitative where it is based on library research and involves conceptual discussion and legal analysis. This study proposes to use nudges for public awareness and as a preventive measure. The use of a nudge is to minimize the effect of unfair terms without modifying the terms and conditions of the contract of carriage in the booking of flight tickets.