FlyerTalk Forums - View Single Post - Negative account balance [merged repayment of SEN overdraft thread]
Old Sep 27, 2007, 9:53 am
  #15  
Grog
 
Join Date: May 2003
Location: Eurozone
Programs: LH SEN, HH Gold
Posts: 3,002
Originally Posted by Flying Lawyer
I am not certain what you want to express with this sentence. Your language is not clear at all. However, from a legal point of view it is simple:
  • Making use of an overdraft according to the clear language is taking a loan in the sense of sec. 488 para 1, 1st sentence of the German Civil code (BGB).
  • Taking a loan of 10.000 miles equals a cash value of Euro 245,00 according to http://www.miles-and-more.com/online...nodeid=1339783 and the borrower is certainly aware of the value of the loan he takes.
  • The borrower is free to repay the loan by earning miles according to the terms of the loan contract.
  • The overdraft gets cancelled asa. as the borrower loses status
  • Loans have to be paid back, this is stipulated in sec. 488 para 1, 2nd sentence BGB.
So what? What do you believe an overdraft is? A free present? LH asks for only 1200 Euro for 50.000 miles, this is less than you could expect when taking your loan: http://www.miles-and-more.com/online...0303&solo=norm.

And to be really serious and not talking as a lawyer: If somebody is not able to get 50.000 miles from what promotion ever to pay back his mile-loan he has not paid any attention to FT - There were so many possibilities to get 50k miles for small money. This "somebody" took advantage of the overdraft and hoped that LH would never come back to him. As a LH shareholder I am glad they did.
I'd have to agree with LHstatus (and funny, me not being a lawyer I got his point immediately). You've spoken more like a shareholder in both posts.

In any case, if it were legal to have forcibly collected on these "debts" previously, then Lufthansa would have done so a loooooooooooong time ago. But they didn't. Because they knew better. They might try again, who knows. But either way, in previous threads we (yes, me too) beat this horse to death, unrecognizably pulverized at this point.
Grog is offline