Originally Posted by
guv1976
Nothing that we know so far satisfies the definition of "bartering" in 20.2.
And I would be very surprised if a court or arbitrator would say that BA is within its rights to classify perfectly permissible conduct, not otherwise prohibited by BAEC terms and conditions, as "fraud" or "misconduct." There is a concept of "unconscionability" that is well known in common-law countries:
https://en.m.wikipedia.org/wiki/Unconscionability
Well, to be specific, none of us here know anything. I doubt even the OP knows what happened exactly with her account, so for all intents and purposes, that's a moot point. As for the concept of unconscionability, I do not have a law-degree based background, so I cannot comment on that.
What I do know, however, is that numerous loyalty programs - from Starbucks to Shell Fuel to supermarkets to airlines, hotels, and everything in between - state that the programs, membership rights, and all points/miles belong to them and are their property. They can kick you out of the program for any reason, at any time. I really don't see why that's so difficult to understand. Miles and points, contrary to most people's opinions, do not have a fixed monetary value, legally speaking, or else the IRS and other tax authorities in every country would've demanded their fair share of tax already.
So, due to this, I don't see how any court can "force" BA or any other airline to reinstate a customer's membership; that's just not how it works. In most countries in the world, restaurants, for example, can refuse service to anyone for any reason (aside from obvious illegal ones like on the basis of race, gender, etc). If casinos can physically ban customers even due to perfectly legal reasons (card-counting, for example), then loyalty memberships are no different in this regard - let's not forget, it's not a right, but a privilege to be a member.