FlyerTalk Forums - View Single Post - Delta Continues to Adjust to Unprecedented Fuel Costs with Addition of Fuel Surcharge
Old Jun 27, 2008, 9:12 am
  #62  
pbarnette
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Join Date: Sep 2005
Location: SEA
Programs: UA Silver, BA Gold, DL Gold
Posts: 9,779
Originally Posted by USCGamecock
I wonder how long it will be before someone challenges this in court.
Originally Posted by HeathrowGuy
As was the case with retroactive baggage fees, Delta is stepping into a legal minefield on this one...
Why is this a legal minefield? I would think that the first paragraph of the SkyMiles T&Cs pretty much indemnifies (sp?) them from any legal action.

All benefits that Delta offers in the SkyMiles program are conditioned upon your compliance with these Membership Rules and Conditions, the terms and conditions described elsewhere in this Guide, all terms and conditions of Delta's contract of carriage, Delta's fare rules, and all other applicable Delta rules and regulations. These rules are subject to change at any time. Unless otherwise stated, the current rules in effect at the time of your travel, request for a benefit, or other transaction will govern that transaction.
I don't see any basis for a lawsuit. They are fully within their rights to change the SM rules ar any time. And the charges are not retroactive. Indeed, they are actually going beyond their contractural requirements by giving notice.

Last edited by pbarnette; Jun 27, 2008 at 9:18 am
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