Originally Posted by
travelkid
What most people fail to see is that corporations cant just hide any general clause in their t&c to avoid liability.
Thats why most jurisdictions have consumer laws, including marketing laws. In addition certain behaviour would even border fraud, and could be punishable.
Just reminding you that a class action against Amex regained half a billion MR points to the clients, despite Amex being protected in their t&c in the EXCACT same way.
Too many are passive about their rights, and are lulled into an illusion created byt the companies that because its in the t&c its the - de facto - law.
I have fought many such cases- and won.
Presently Im suing US, and their lawyer has offered a seven digit US mileage goodwill settlement in their first letter.
And let me tell you- its turned down
Edit: no more details yet as this is proceeding to litigation
I agree with you that many people accept the Ts and Cs, but i am not one of those. I see the TCs as a starting point, and any terms which contravene law are to be disregarded accordingly. And you have courts and tribunals to back you up on this.
However, in this specific circumstance for US airways I think the TCs are fair.
The TCs are not onerous, there is a simple membership guide - in fact the US one is pretty short compared to many airlines around the world.
It is clearly stated that awards are subject to availability, and that US is the final decider on the route you want to take.
If you are looking to fly F TATL, then I can't see much of an argument from a passenger being offered UA F, and a passenger demanding - like a naughty child in a supermarket wanting candy - that they be allowed to fly LH F because they don't like the service on UA. If US decided to block all F TATL that would be a different story.
Anyone buying large amounts of miles in advance to take advantage of cheap specials should do their research into the availability of rewards before spending thousands of dollars - that is due diligence.
I agree it may be a different case for those who have gained their miles over time through BIS flying. Changes to the program should be highlighted.
There are some battles worth fighting. Routings where passengers buy cheap miles and then want an extra glass of champagne, or want to get a rubber ducky in the LH FC terminal rather than fly a direct route on UA are not one of them.
I have been very happy with US and their offers over the years. I know I win some routings and i lose some. I'm not going to go out of my way to have a legal fight to kill the golden goose...