I'm not a lawyer, so this is just a layman's perspective, but it seems to me that the airlines have the perfect right to set the rules by which one can earn, redeem, and use awards. And since participation in FF programs is entirely voluntary, members are, in effect, agreeing to accept the rules by signing up.
Virtually all, if not all, awards state that they become void if bartered or sold. To me, the operative statement there is the occurrence of when an award becomes void. And it's clearly stated. If a sales or bartering event occurs, the award at that moment is void.
And since it is void, it is no longer what it appears to be. Yes, it may look like an award, and the airline may believe it's an award, and, yes, someone may actually get away with using it. But that doesn't change the fact that it's void. And if it's void, and the user knows that it is void yet attempts to use it, it would seem to me that there'd be some fraud involved. After all the user is attempting to get something of value - perhaps great value - with something that has been rendered useless. And the user is attempting to do so by representing the award, or allowing the award to represent itself, as something that it technically isn't.
I'm not trying to split hairs here, but what I'm trying to point out is that there are ethics involved here. People will do what they will, but I don't think it changes the principles involved. And we can rationalize any way we want and self-justify our actions, but that doesn't necessarily make them right or ethically sound.
And we can't forget why airlines would want to offer awards in the first place. It's to gain our loyalty and reward us for our business. And they have to balance that desire with not creating a situation where the awards themselves displace business that others would bring the airline. The more awards can be bartered and sold, the greater the potential negative impact on the airline. If I ran the airline, I'd want to be able to control award issuance and validity. And I think anyone in a similar situation would want to maintain that same level of control. It's not unreasonable.
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/swaggie