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Old Aug 26, 2014 | 8:45 am
  #33  
Tobias-UK
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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.
I'm confused, I thought you said your friend was flying IB? BA is not a party to the contract. I agree 100% with NickB, there is no basis in law for any claim against BA, nor indeed against IB as they provided lounge facilities.

I wouldn't waste any more time or effort on it. If you attempt to take this to a court you will fail and end up very much out of pocket.

From what you have written it appears you have no legal training nor a clear understanding of the legal issues. You've made your complaint, I'd walk away before you get too deep.
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