He didn't demand a full refund, he only wanted the IMAX-lie money back.
Using your restaurant analogy: he ordered expensive steak and got cheap steak. It was the only steak they had available, and was overpriced for no reason.
@Stuart Moore: Then you complain when you get the meal, not after you've eaten it.
There is an assumption that the $5 surcharge is unfair and that somehow, the movie experience is not worth it. A sold-out theatre objectively proves otherwise. If people did not feel that it was worth an extra $5, the showing would not sell out.
Additionally, there was no subterfuge. He got to the theatre before the movie started and saw the screen size. It was readily apparent.
If you want to bring the parlance of lying into, he could try to claim some kind of fraud. However, then he'd need to prove that he reasonably relied upon the statement that it was an "IMAX Experience" and that he would get a screen the size of the one at Lincoln Sq.
Assuming the size differential on his website to be true and accurate, the difference would have been readily apparent. He could have and should have asked for a refund upon entering the theatre and seeing that the screen was not as big. He cannot claim that he reasonably relied on the "IMAX Experience" claim on the ticket when the screen is visibly smaller and he took no action until after the movie ended.
He saw the movie at 42nd Street. After watching the entire movie, he complained and demanded a refund. I'm sure he arrived before the movie started and would have noticed the screen size before the movie started. That would have been the time to ask for a refund.
If you go to a restaurant and there is a problem with your order, you tell the waiter when you get the problem order. You don't eat the entire meal and then demand that he take it off the bill because there was a problem.
Legally speaking, Aziz wasn't entitled to any refund (notwithstanding the fact that all he purchased was a license anyway). There was a breach. Aziz' failure to demand rescission (a refund) at the time he noticed the breach estops him from claiming rescission. He accepted the benefit of the contract (he watched the movie), waiving any claim he might of had.
Sorry Aziz - you're an asshole. Legally speaking, of course.
@OMG! Ponies!: He didn't ask for a full refund though... just the 'imax surcharge'. I don't see the issue here with what he wanted. The customer is always right. Always.
@sweetnjoe: Again, the question is "what is the value of the surcharge?" It was a sold-out show meaning that the market determined that, yes, an IMAX-style showing even on that screen is worth $17.
Additionally, the time to demand a refund is at the beginning, not the end. By watching the entire movie without complaint, only raising a stink afterwards, he waived any claim he may have had.
The customer is not always right, contrary to the old saw. Sometimes, the customer is an asshole like our friend Aziz. Don't want to pay $17 to see the movie at 42nd Street on opening weekend? That's okay. Someone else will buy the ticket.
Man, this stupid IMAX debate the past few days has been so incredibly stupid, it boggles the mind that this idiot ever got picked up on all the news/blog sites.
There is no reason to get bent out of shape over the screen size of the IMAX theatre you go to. IMAX is more about the projector and source material then the size of the screen.
@JEmlay: Please grow a brain: Tell me how many interviews Biden has done and then tell me how many Palin has done? At least Biden knows what job he's running for. Palin is an ignoramus albatross around McCain's neck. No worries though...you'll be the sore loser on Tues. as you watch the modern perversion of conservatism go down in flames.
Me thinks some sore losers need some cheese and crackers to go with their whine... But! Because I love you all so much, I'll share the lyrics from Beck's "Nobody's Fault But My Own":
If McCain/Palin wins I'll be pulling out of the U.S. faster than that dude pulled out of his daughter. I'm already looking for the fastest and most economical way to immigrate to Canada. There's no way the U.S. Economy will be the way it was in the 90s if these two clowns get in the White House.
With the reservations that McCain and Palin have towards science and technology, don't be surprised if people who use computers will be persecuted as witches and or terrorists.
Long answer= NO, with a longer more intense verbal beratement, that likely will include me ripping on your avatar (Where is master cheif's Unicorn?)...
If McCain was drafting new laws for object oriented programming, and structural design of enterprise applications, or developing the thinnest laptop in the world, this would deeply concern me. But he's not, so I'm not.
@Bladefist: You're not worried about ( Stevens Investigation + More Time + Palin ) = Jail time for both?
It is a fact that the same company that remodeled/expanded Steven's house, also participated in the construction of Palins house, as well as the Ice Palace in Wasilla...
@92BuickLeSabre: That would be pretty cool although I would also accept them riding around on iron horses as well, provided they were all vintage Harley's...
"While McCain's personal indifference to technology" Good lord, what an insane distorition. McCain opposed spending $3 million of federal money for projects like a projector in a museum. He wasn't opposed to the projector, he was opposed to the federal government funding it (as opposed to the state or local governments who ought to have been the ones to pay for it.)
I don't like McCain either, and I'd love it if he was up on technology, but I have to call you out on this one. When you get your talking points from the Daily Kos, it shows.
While McCain's personal indifference to technology , difficult-to-defend tech policies, personal vendettas and general oldness all come to mind as reasons for this decision, ...
I will never understand how we got past the point of saying "Obama's general blackness means he doesn't get so-and-so" and arrived at saying "McCain's general oldness means he doesn't get so-and-so." Racism or ageism, we've got a ways to go either way.
05/13/09
Using your restaurant analogy: he ordered expensive steak and got cheap steak. It was the only steak they had available, and was overpriced for no reason.
05/13/09
There is an assumption that the $5 surcharge is unfair and that somehow, the movie experience is not worth it. A sold-out theatre objectively proves otherwise. If people did not feel that it was worth an extra $5, the showing would not sell out.
Additionally, there was no subterfuge. He got to the theatre before the movie started and saw the screen size. It was readily apparent.
If you want to bring the parlance of lying into, he could try to claim some kind of fraud. However, then he'd need to prove that he reasonably relied upon the statement that it was an "IMAX Experience" and that he would get a screen the size of the one at Lincoln Sq.
Assuming the size differential on his website to be true and accurate, the difference would have been readily apparent. He could have and should have asked for a refund upon entering the theatre and seeing that the screen was not as big. He cannot claim that he reasonably relied on the "IMAX Experience" claim on the ticket when the screen is visibly smaller and he took no action until after the movie ended.
05/13/09
He saw the movie at 42nd Street. After watching the entire movie, he complained and demanded a refund. I'm sure he arrived before the movie started and would have noticed the screen size before the movie started. That would have been the time to ask for a refund.
If you go to a restaurant and there is a problem with your order, you tell the waiter when you get the problem order. You don't eat the entire meal and then demand that he take it off the bill because there was a problem.
Legally speaking, Aziz wasn't entitled to any refund (notwithstanding the fact that all he purchased was a license anyway). There was a breach. Aziz' failure to demand rescission (a refund) at the time he noticed the breach estops him from claiming rescission. He accepted the benefit of the contract (he watched the movie), waiving any claim he might of had.
Sorry Aziz - you're an asshole. Legally speaking, of course.
05/13/09
05/13/09
Additionally, the time to demand a refund is at the beginning, not the end. By watching the entire movie without complaint, only raising a stink afterwards, he waived any claim he may have had.
The customer is not always right, contrary to the old saw. Sometimes, the customer is an asshole like our friend Aziz. Don't want to pay $17 to see the movie at 42nd Street on opening weekend? That's okay. Someone else will buy the ticket.
05/13/09
There is no reason to get bent out of shape over the screen size of the IMAX theatre you go to. IMAX is more about the projector and source material then the size of the screen.
05/13/09
05/13/09
05/13/09
05/13/09
11/02/08
How's that for equal non-biased reporting?
11/02/08
10/31/08
Treated you like a rusty blade
A throwaway from an open grave
Cut you loose from a chain gang
And let you go
And on the day you said it's true
Some love holds, some gets used
Tried to tell you I never knew
It could be so sweet
Who could ever be so cruel,
Blame the devil for the things you do
It's such a selfish way to lose
The way you lose these wasted blues
These wasted blues
Tell me that it's nobody's fault
Nobody's fault
But my own
That it's nobody's fault
Nobody's fault
But my own
When the moon is a counterfeit
Better find the one that fits
Better find the one that lights
The way for you
When the road is full of nails,
Garbage pails and darkened jails
And their tongues
Are full of heartless tales
That drain on you
Who would ever notice you
You fade into a shaded room
It's such a selfish way to lose
The way you lose these wasted blues
These wasted blues
Tell me that it's nobody's fault
Nobody's fault But my own
Tell me that it's nobody's fault
Nobody's fault
But my own tell me that it's nobody's fault
Nobody's fault
But my own tell me that it's nobody's fault
Nobody's fault
But my own
Tell me that it's nobody's fault
Nobody's fault
But my own
Tell me that it's nobody's fault
Nobody's fault
10/31/08
With the reservations that McCain and Palin have towards science and technology, don't be surprised if people who use computers will be persecuted as witches and or terrorists.
10/31/08
[www.canadarealestateonline.com]
[www.mls.ca]
[www.workopolis.com]
[canadaonline.about.com]
10/31/08
..Palin for President in 2012!!! WOOO !! Who's with me!?!
..hello? ..Is this thing on?
10/31/08
I'm very sorry for that.
10/31/08
10/31/08
Short answer= No, with an STFU.
Long answer= NO, with a longer more intense verbal beratement, that likely will include me ripping on your avatar (Where is master cheif's Unicorn?)...
10/31/08
I know, I must be a racist.
10/31/08
10/31/08
10/31/08
It is a fact that the same company that remodeled/expanded Steven's house, also participated in the construction of Palins house, as well as the Ice Palace in Wasilla...
ZOMG RUN!
10/31/08
10/31/08
10/31/08
Telegram? What, they couldn't find a Republican flag-waver who knows Semafore?
(Rethinks the joke)
Telegram? You mean they couldn't find a Native American Replublican who could send smoke signals?
Oh, I give up!
10/31/08
How awesome would it be if we still had guys riding around on horses delivering express packages!?!
10/31/08
10/31/08
10/31/08
10/31/08
I'll try anyway:
"When did he upgraded from carrier pigeons?"
10/31/08
If, and that's a big IF, McCain wins I think the only doggie style Todd Palin is going to want will involve his wife and the Lincoln bedroom...
10/31/08
Good lord, what an insane distorition. McCain opposed spending $3 million of federal money for projects like a projector in a museum. He wasn't opposed to the projector, he was opposed to the federal government funding it (as opposed to the state or local governments who ought to have been the ones to pay for it.)
I don't like McCain either, and I'd love it if he was up on technology, but I have to call you out on this one. When you get your talking points from the Daily Kos, it shows.
10/31/08
(And yes, I have heard the one about how it's his injuries that prevent him from knowing about teh internets.)
10/31/08
I will never understand how we got past the point of saying "Obama's general blackness means he doesn't get so-and-so" and arrived at saying "McCain's general oldness means he doesn't get so-and-so." Racism or ageism, we've got a ways to go either way.
10/31/08
10/31/08
10/31/08
10/31/08