FlyerTalk Forums - View Single Post - QF terms and conditions clash, which is correct?
Old May 26, 2005, 1:15 pm
  #7  
spotwelder
 
Join Date: Jun 2004
Location: SCL, MCT, LGW and a variety of 1W lounges in between.
Programs: BA Mucci (Seigneur et Ingenieur des Appareils Volants (Gold)), QF (WP and LTG), AA EXP, GF Gold
Posts: 3,931
Thank you all.

OK, here is a review of how I see it. I decide to buy a ticket on Finnair. Finnair is an eligible QF partner as defined below:

You can only earn Status credits when flying on eligible Qantas, oneworldTM alliance airlines (Aer Lingus, American Airlines, British Airways, Cathay Pacific, Finnair, Iberian and LAN), Air Pacific, Jetstar or QantasLink services.... from the section on Status Credits. Agreed, all fine. This states that ANY Finnair flight number is allowed. No argument, no exceptions list...NIL.

I go off to the Airline Earning Table having proudly got my ticket on Finnair flight 2355 Helsinki to Faro on my AONEx ticket, booked in economy. Now the AET states Excluded: Points and Status Credits are not earned on codeshare Flights operated by airlines other than oneworld™ Alliance Airlines and on flights designated AY1001-AY3000 or AY7001-AY9999. The flight is operated by Finnair. It is designated as a "leisure flight" which means cattle density, no business class and so on. It is operated by Finnair. The metal is Finnair. The flight number is Finnair.

We have a clash in logic here. Some posters are saying, it is clear. Book in L class on this Finnair flight and you can then get a bucket full of points as both mileage and status collection opportunities. Forget what it says in the AET, it is completely irrelevant and a total waste of electronic cyber space. Now, if I book such a flight and don't get any points, what am I to do. I go to the Terms and Conditions, and what do I find. A nice QF lawyer saying don't be stupid, in the T and Cs there is the AET and it clearly states that Finnair 2355 does not get any points. I can only respond, the privileges section does not mention this flight number. The lawyer then makes reference to T and C:

1. Introduction
1.1 These Terms and Conditions form the basis of Qantas Frequent Flyer. They are intended to protect both Members and Qantas. It is the Member's responsibility to read and understand them.

1.2 These Terms and Conditions are effective as at the date of publication (25 May 2005) and may be amended from time to time. Members should refer to this website for the current Terms and Conditions and applicable fees for Qantas Frequent Flyer.


and states that the AET is attached to the Ts and Cs and forms a fundamental part of those Ts and Cs. It is our responsibility to understand them. We are bound by them. They must, therefore, overrule any other contrary statement given on the FFP website. That is what Ts and Cs are all about. The contract between QF and us. I know where the confusion occurs. I understand the confusion. When it comes to legal interpretation, Ts and Cs rule.

Any more legal comments?
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