Originally Posted by
FrancisA
Daring to suggest as a mere accountant (I did acknowledge that I wasn't an expert) that it might cause BA some legal difficulties if they advertise some that they don't then provide, is causing a bit of a discussion in the introduction of paid food thread.
However, if we can get over who can or cannot comment (i.e. not claim to be providing a definitive legal opinion), then I personally think there is a subtle distinction here. With paid for food, BA have specifically stated in the booking pages during the booking process that you will get free food and drink. Here we seem to have a BAEC benefit which is available subject to operational restrictions. I would compare this with the hotel industry. Book this room now and you will receive breakfast for free; contrasted with status benefits such as upgraded rooms or late check out which are subject to capacity restrictions which may render them unavailable on occasion.
To my (ill-informed) mind adopting a common sense approach, if part of the offer to me offer includes a benefit which it is said will be available (and it is not said may be withdrawn in certain circumstances), my acceptance makes that a part of the deal. However, if I know in advance that a benefit is subject to a restriction and that restriction is correctly applied that seems fair enough to me.
I am sure someone far more knowledgeable will be along to show why this isn't as straightforward as that.
Yes I did see that, seems like the legals were voting for a closed shop, ironic considering that their world is about debating opinions based on interpretation of the written word. I general I agree with your view, my issue is that knowing IAG's track record for re-defining the word "enhancement", what is clear now as a benefit or an included part of the package in your argument will become less clear as restrictions are added piecemeal until the clear benefit it no more.