FlyerTalk Forums - View Single Post - Same day change = Points Posting Incorrectly?
Old Sep 24, 2008 | 7:01 pm
  #16  
YOWkid
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Originally Posted by Stranger
But in contract law, a deal is a deal, done on the day it is consumated, i.e. when it's paid for. And the deal is not supposed to be changed unilaterally after that date.

And incidentally, any clause in a contract that would purport to allow one party to change the contract unilaterally would be deemed to be invalid in a court of law.

This brings us back for instance to flight passes, upgrades and J-2 availability which AC tried to change retroactively. One is not supposed to do these things. Even if the tariffs and/or aeroplan rules would state that they can change retroactively, such statements would be declared void in court and I would trust AC's lawyers to be quite aware of that. So, in effect, they are simply an attempt at intimidation. And yes, this is a game that lawyers do understant.
But the point is that when you buy a ticket, the contract you are essentially signing on to is the General Conditions of Carriage and Tariffs. Aeroplan points do not form part of AC's General Conditions of Carriage and Tariffs so that won't save you. Although Andrew mentioned the Aeroplan General Terms and Conditions, I would argue that those are irrelevant to this. But if they do come into play, it would be an "after benefit" of the flight.

So sorry, you actually have no leg to stand on.
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