Originally Posted by
guv1976
Well, at this point, we don't even know whether the OP has a valid claim against BA. But if the OP decided to pursue a claim against BA, it seems likely that it would be brought before an arbitrator pursuant to the rules of the American Arbitration Association, or a California small claims court judge. I'm not sure whether a California small claims court judge can award equitable relief, but an AAA arbitrator can. If the arbitrator were to find for the OP, the arbitration award could conceivably require BA to reinstate the OP's BAEC account, and restore the lost miles to it.
I'll just note here that if the OP were, in good faith, to pursue arbitration against BA, that would put a lot of financial pressure on BA to settle. Looking at the AAA's Consumer Arbitration rules, it appears that BA -- not the consumer -- would be on the hook for potentially thousands of dollars in fees if the case were to be contested and finally decided by an arbitrator.
In a completely unrelated context,
RocketGoBoom has pointed out the enormous leverage merely filing for arbitration can give a consumer in a dispute with Hertz. It makes for some interesting reading:
Hertz arbitration to avoid rental car scams
With endless appreciation for your expertise and explanations, I still feel BA should have made this right or explained where the "contravention" lay, as neither I nor, ( i believe, ) my TA intended to break any rules.
Our travel was in June and we did book other BA flights, but did not, in the end, benefit from the Avios that should have been refunded. My loss. :/ Arbitration is just too complicated a situation and then they might-- as one poster mentioned-- ban me for life.
I reluctantly surrender four business class flights: "
- Zone 6 (4,001–5,500 miles): 62,500 Avios for an off-peak business class flight "
-