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Old Aug 26, 2014 | 9:05 am
  #36  
evanderm
15 Years on Site
 
Join Date: May 2008
Location: YYZ
Posts: 2,636
Originally Posted by bedelman
My friend would surely rely on the bold language, for entrance based on class of service. Here there are only two carriers, BA and IB. Meanwhile they're under common ownership (both owned by IAG).
Your friend cannot solely rely on the bolded language. The very page that has that quote makes a clear and unambiguous statement that lounge access may be refused. You cannot cherry-pick what is applicable and what is not.

The agent may not have given a reason (and for all you know, she did but your friend is not telling you this) remember you are also a third party in this debate. Regardless, BA have the authority to refuse access to their lounge and no false promises were made. BA are not obliged to give you or your friend a reason. It's poor customer service perhaps, but no matter how much you kick and fuss BA had no obligation to let your friend into the lounge. I'll give you a further argument from this page:

http://www.britishairways.com/en-ca/.../lounge-access

We provide a variety of lounges across the world in conjunction with our oneworld partners and other lounge operators. Access varies by lounge type, subject to capacity limits. Please see the tables below for details.
Emphasis mine.

or here: http://www.britishairways.com/en-ca/...&link=main_nav

All lounge access is subject to capacity restrictions.
I have a feeling that we will not convince you that you are pursuing something (what exactly you are persuing ($$$/an apology/something else) I don't even know) that is likely destined to fail. I can only say that in my opinion you are embarking on a fruitless endeavour, I hope that any legal representation you seek sees this, and that you don't waste the courts' time pursuing something of this nature. Show me that you were in some way damaged by this action and I may adjust my views but for now the point remains: you suffered no loss or damage as a result of what can likely be seen as a permissible denial of a discretionary service. Let me walk you through it:

To take this to small claims court you need to have suffered a loss/damage.

From http://www.mass.gov/ago/consumer-res...ims-court.html
Consumers may sue businesses that may have engaged in unfair or deceptive acts or practices against them. For claims of actual damages under $7,000, a consumer may file a legal action in the Small Claims session of the District Court, Boston Municipal Court, or if the claim involves housing issues, in the housing court Small Claims session.
bolding mine.

I argue your case ends there because you(r friend) did not suffer an actual damage. They were still given access to a lounge as was available to them.

Good luck.

Last edited by evanderm; Aug 26, 2014 at 9:16 am
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