Flight Pass - Class Action Lawsuit!
#166
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3. Given the lack of clarity here, likely aversion by AC to litigate about it, and the agency problem inherent in any class action lawsuit, the likely best outcome pass purchasers could hope for would be a settlement including some nonmonetary future-service benefit for those who purchased the pass prior to the change (e.g. a bunch of upgrade certificates for use on future flights) plus AC paying the plaintiffs' lawyers' fees. Put more simply, the lawyers might or might not get rich, and a bunch of us would get a bunch of upgrade certificates of which we already have a pile
Last edited by Golden Toque; Oct 27, 2007 at 9:48 am Reason: my poor spelling
#167
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Is AC's IT capable of grandfathering some, but not all, passes? How would it know what was a new pass and what was a previous pass? Seems that this battle may be an all or nothing proposition given the notorious limitations of AC's ITs as nice a compromise as it was, Altaflyer.
#168
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#169
Join Date: Oct 2005
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Are you harbingers of your own doom?
Interesting observation...just after this thread started I checked the T&Cs for the RapidAir pass on AC's website. It still had the same wording as BB's example. It was only after his became a s**tstorm here that they changed the wording to remove specific reference to J class.
They do listen to us when it's in their best interest.
They do listen to us when it's in their best interest.
#170
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Interesting observation...just after this thread started I checked the T&Cs for the RapidAir pass on AC's website. It still had the same wording as BB's example. It was only after his became a s**tstorm here that they changed the wording to remove specific reference to J class.
They do listen to us when it's in their best interest.
They do listen to us when it's in their best interest.
#171
Join Date: Sep 2005
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I ask you, are all these acts of an airline that cares and rewards your for your loyalty? I realize some do not have any options as AC is the only service to their city (i.e. YSB/YAM etc). However, let's think of it another way. Would you continue to give your business to a non-airline company that treated you this way?
However, there is no other industry that I know of that has built-in "something for nothing" at the core of its marketing.
I shop at the same grocery store every week, spending far more with them than I do with any airline. I do not consider myself loyal to them, and I'm quite certain they are not loyal to me in any way. Same goes for the car deal I use and the bank that holds my mortgage.
I remain convinced that frequent travellers would get far less upset about things if they would realize that the airline cares as much about them as the bank, the car dealer, and the grocery store. Any perceived "relationship" is pure marketing on the part of the airline combined with the desired base emotional response on the part of the consumer.
The pass upgrade case is a contractual problem and shouldn't be laden with any further emotional baggage.
Personally I think current pass holders should get J1 upgrades until those passes expire.
I write this as someone who has accumulated miles in the current post-post airline bankruptcy world and long, long after the golden age of flying and reward programs. Perhaps I'm lucky that way.
#172
Join Date: Apr 2005
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Now that Andrew has brought this to the attention of Senior AC management I suspect and do hope that AC will do the right thing and for "grandfathered passes":
a) honour the terms of the original contract re: upgrade if J is available;
b) honour the COS bonus even though they are not required to per the contract as a gesture of good will; and
c) provide a certificate upgrade to anyone denied an upgrade due to this change in policy.
Surely the above makes sense from a legal and business perspective. Pissing off your most frequent customers is bad business and their lawyers would tell them they have zero chance in court.
If they do not do the above then I would encourage anyone impacted to contact Porter who would, I am certain, LOVE to sponsor a class action suit as they are apparently is quite keen on legal fights with AC
[now, the quality of Porter's lawyers may be a bit suspect but this is a pretty simple matter ]
a) honour the terms of the original contract re: upgrade if J is available;
b) honour the COS bonus even though they are not required to per the contract as a gesture of good will; and
c) provide a certificate upgrade to anyone denied an upgrade due to this change in policy.
Surely the above makes sense from a legal and business perspective. Pissing off your most frequent customers is bad business and their lawyers would tell them they have zero chance in court.
If they do not do the above then I would encourage anyone impacted to contact Porter who would, I am certain, LOVE to sponsor a class action suit as they are apparently is quite keen on legal fights with AC
[now, the quality of Porter's lawyers may be a bit suspect but this is a pretty simple matter ]
#174
Join Date: Mar 2000
Location: YVR
Posts: 9,999
In my eight years of flying Air Canada I have never, ever, not even once, purchased the lowest available fare. Not ever. That is to say on hundreds and hundreds of tickets I have always paid "more," every single time. Sometimes the premium is a few hundred dollars, sometimes it's several thousand.
But as has often been the case, AC regularly shoots themselves in the foot. On my frequent (~5 times a year) flights on YVR-SYD, I used to spend about $4000 per ticket to get a confirmed upgrade at time of booking. But once they all but eliminated I space on that route, I looked for alternatives.
Typically I would wait until only a few days before the flight, and evaluate the J space. If there was lots on or near the date of my planned flight, I'd purchase a cheap but upgradable, changeable, refundable (even with a small penalty) and carefully watch the space. If and when an I space opened up, I upgrade, changing flights and paying a penalty if required, and get my J seat.
If there was no chance of getting an upgrade, then I purchased a full up J class ticket, as I did last December, for $8500. Problem is (for Air Canada at least) I could purchase a full fare J seat for less money on another airline, and actually get a better seat and service than I got on Air Canada.
So AC could have gotten $4000 from me, but instead another airline got $8500. If AC sold that seat that I might have purchased, then perhaps they didn't lose anything. But that would only be the case if that person paid at least as much as I would have. And I suspect they did not.
But as has often been the case, AC regularly shoots themselves in the foot. On my frequent (~5 times a year) flights on YVR-SYD, I used to spend about $4000 per ticket to get a confirmed upgrade at time of booking. But once they all but eliminated I space on that route, I looked for alternatives.
Typically I would wait until only a few days before the flight, and evaluate the J space. If there was lots on or near the date of my planned flight, I'd purchase a cheap but upgradable, changeable, refundable (even with a small penalty) and carefully watch the space. If and when an I space opened up, I upgrade, changing flights and paying a penalty if required, and get my J seat.
If there was no chance of getting an upgrade, then I purchased a full up J class ticket, as I did last December, for $8500. Problem is (for Air Canada at least) I could purchase a full fare J seat for less money on another airline, and actually get a better seat and service than I got on Air Canada.
So AC could have gotten $4000 from me, but instead another airline got $8500. If AC sold that seat that I might have purchased, then perhaps they didn't lose anything. But that would only be the case if that person paid at least as much as I would have. And I suspect they did not.
Last edited by Simon; Oct 29, 2007 at 8:08 am Reason: removed references/response to deleted post
#175
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If there was no chance of getting an upgrade, then I purchased a full up J class ticket, as I did last December, for $8500. Problem is (for Air Canada at least) I could purchase a full fare J seat for less money on another airline, and actually get a better seat and service than I got on Air Canada.
So AC could have gotten $4000 from me, but instead another airline got $8500. If AC sold that seat that I might have purchased, then perhaps they didn't lose anything. But that would only be the case if that person paid at least as much as I would have. And I suspect they did not.
So AC could have gotten $4000 from me, but instead another airline got $8500. If AC sold that seat that I might have purchased, then perhaps they didn't lose anything. But that would only be the case if that person paid at least as much as I would have. And I suspect they did not.
#176
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"Is AC's IT capable of grandfathering some, but not all, passes? How would it know what was a new pass and what was a previous pass? Seems that this battle may be an all or nothing proposition given the notorious limitations of AC's ITs as nice a compromise as it was, Altaflyer."
It would only take a year max from today for this to all work itself out
It would only take a year max from today for this to all work itself out
Last edited by Simon; Oct 28, 2007 at 9:09 am Reason: removed off-topic comment
#177
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I believe Andrew says it all here.He has a lot of feedback from this thread that senior management team will review.
I am optomistic.
#178
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But could they not say (and I am not defending AC's actions) - sorry, but the J Booking Class was not available to flight pass users as there must be at least 3 seats available to make it so? There's nothing there that says "availability of J class to be purchased" = "what we deem to make it available to this class of users".
Just as a sidebar, there are lots of folks on this thread talking about suing AC, and who often talk about how AC is constantly violating this, that, the other thing. Have any ever actually done so?
Simon
Just as a sidebar, there are lots of folks on this thread talking about suing AC, and who often talk about how AC is constantly violating this, that, the other thing. Have any ever actually done so?
Simon
I am not agreeing/not agreeing with or defending/not defending AC's actions, but just reading the language would suggest that AC could do that -- and they would not be violating the contract. Besides, there's always the "T&Cs can change" clause which covers them entirely.
#179
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I should quickly add that if anyone thinks AC has wrongfully changed the T&Cs/the tariff conditions on you, you can always approach the Canadian Transportation Agency after trying to solve the problem directly with AC.
Without prejudging what the Agency might rule, I would suggest you read some of the Agency's previous rulings to get an idea if you have a leg to stand on.
Without prejudging what the Agency might rule, I would suggest you read some of the Agency's previous rulings to get an idea if you have a leg to stand on.
#180
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Unfortunately AC made the terms quite clear ---> Executive Class (J Booking class). Had they not specified J booking class then perhaps they could have an out. I suspect having access to J upgrade at ALL times when J is not zero was a major selling point for this product and you just cannot take away this without exposing yourself to liability. The numbers of passes is likely small in the grand scheme of things and the credits will expire. Honour these and move on. I might say, if the disclaimer had a few "red hands" pointing to it and it was in double sized bold print then maybe AC would have a slightly better position, but I think they would still lose.