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Travel Lawsuits: Kayak Countersues American

September 2, 2008 at 1:40 PM | 0 Comments

Remember that American Airlines-Kayak feud that started earlier this summer? After AA got upset with the way the booking engine was posting its fare data, Kayak yanked the info, leading to allegations from both sides about who started the trouble.

On August 5, AA filed a lawsuit in Texas asking the court to stop Kayak from using its fare info--and for damages. Right before the holiday weekend, the booking site filed its answer--and its counterclaims.

From Kayak's answer we learn:

On June 23, 2008, American Airlines informed Kayak that it was no longer pleased with the display of search results that included prices for American Airlines flights sold directly on American's website (AA.com) as well as American Airlines flights sold through the online travel agencies Orbitz.com and Cheaptickets.com....

On or about August 4, 2008, American Airlines sent emails to travelers that had previously used the Kayak service to research airfares and and [sic] then book air travel on American Airlines. The email erroneously stated that American Airlines had terminated its relationship with Kayak rather than disclosing the fact that Kayak had terminated the relationship....

American Airlines also directed consumers to a false statement [made on TechCrunch and still not corrected] that Kayak's former practice of displaying search results from Orbitz was forcing American to pay a "double tax, once to Kayak and once to Orbitz," when in fact no such double payment is made or required under the relevant agreements.

Kayak says the dirty emails cost them business and goodwill and is suing AA for damages. (There's no dollar figure mentioned in the counterclaim.)

Despite the filing, a spokeswoman for Kayak says her side's still willing to talk:

Despite the fact that AA chose to litigate this matter, we continue to be open to a solution that would serve not only Kayak.com and American Airline's interests, but the interests of consumers.

You can read all of Kayak's counterclaim here.

Related Stories:
· Kayak's Blog Suddenly Looking Less Than Transparent [Jaunted]
· Booking Engine Fiascos: Kayak Owning the AA Saga Narrative [Jaunted]
· Booking Engine Fiascos: Trying to Parse the Kayak-AA Drama [Jaunted]

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