Originally Posted by
bedelman
I disagree that BA does not make promises directly to passengers as to lounge benefits. See e.g.
https://www.britishairways.com/en-us...ation/oneworld : The "Find an airport lounge" button there specifically includes the Boston lounge.
Windowontheaside correctly points out that my friend was at the BA lounge hours before any evening rush. There just wasn't a capacity problem then. Barring exceptional flight delays, there wouldn't and couldn't have been -- the timing is hours off.
Were it not for federal preemption, this would be an easy case under MGL 93A (the main Massachusetts consumer protection statute). Preemption leaves contract claims available, and here there is certainly an offer from BA (fly OneWorld in first/business and we'll let you use our lounge) which my friend accepted through purchase. One could question privity, but 1) I don't think that defense would play well in small claims court, 2) I don't think that defense would play well in light of the overall feel of the case with federal preemption, and 3) BA and IB are commonly owned, making privity issues particularly shallow.
I'm hopeful that there's a way to reach an appropriate here without going to court. But it's serious business to promise consumers one thing, in writing, to induce them to spend $$$$ (business class tickets) or transfer multiple long-term purchases (elite status), then deny the very benefit that was promised. I'm fortunate that I have both time and ability to hold companies accountable when they try this kind of nonsense; most people with time don't have the ability, and most with the ability don't have the time. I will put a bit of effort into seeing that BA in BOS honors its commitments. Will report back when I have done so.
First of all, from the page you quote:
- Some lounges may get busy at peak times, and access to them may be restricted as a result.
secondly, what relationship does your friend have with BA? Your friend is an AA EXP, and flying IB. There is no contract implicit or otherwise between your friend and BA regardless of BA's participation in the
oneworld alliance.
You should be looking at the
AA page which then specifically refers you to the
oneworld page I quoted in an
earlier post and which again states:
Some lounges may get busy at peak times, and access to them may be restricted as a result.
Your friend has no relationship with BA other than denial of a
discretionary service. That you're even contemplating taking this to court defies belief. I am not a lawyer, but seriously... What damage has your friend suffered as a result? BA
does not have a commitment to your friend, at all! Are you trying to get money out of this? Small claims court cannot force BA to let your friend access the lounge. The crux of it is that your friend was given access to a lounge, just not the BA lounge. Had that lounge refused entry then you may have had a case. Here: no.
Regarding the capacity issue: IB has 36 seats in the business cabin. Now look at all the elites that would have access + guests. The BA lounge is small and set up for its own customers, who, as is pointed out sometimes do show up as early as 3pm for their flights. If you're looking at it purely from an equity standpoint: if your friend gets let in, then every IB passenger who is entitled to lounge access should be let in too. Hence, because of the lounge capacity BA have said NO (we're busy enough as it is so we are
using the option available to us to restrict entry)