FlyerTalk Forums - View Single Post - Kate Spade store offering 250x Avios per $1 in US Portal [now ended]
Old Feb 7, 2026 | 5:28 pm
  #514  
sbedelman
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Join Date: Apr 2006
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Originally Posted by Prospero
For anyone based in the US and Canada who is seeking legal counsel, I would strongly recommend you read Clause 34 of Club's T&C and talk to your lawyer about this.
Good catch. However the (US) Supreme Court has held that arbitration clauses can be invalidated which is why most companies here either offer the ability to opt out of arbitration, burying the language where almost no one sees it, or exempt small claims court. This accomplishes their goal of avoiding class action lawsuits while greatly reducing the risk the arbitration clause be held to be unenforceable.

BA has not only failed to do this but placed the arbitration language under subscriptions so its not even clear the clause applies to purchases.

Last edited by sbedelman; Feb 7, 2026 at 5:43 pm
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