But the point is that when you buy a ticket, the contract you are essentially signing on to is the General Conditions of Carriage and Tariffs. Aeroplan points do not form part of AC's General Conditions of Carriage and Tariffs so that won't save you. Although Andrew mentioned the Aeroplan General Terms and Conditions, I would argue that those are irrelevant to this. But if they do come into play, it would be an "after benefit" of the flight.

So sorry, you actually have no leg to stand on.

This is your internal cooking Stranger.

You are awarded points based on whatever the policy is for the ticket type purchased at the time of travel, not date of reservation.

A contract is a contract. It exists from the time the purchase took place. One party cannot change it unilaterally after that date.

And I think the number of miles you get for a certain trip is definitely part of the deal. Regardless of what is in the conditions of carriage, tariffs etc. These are part of the contract, to the extent that they deal with an issue. If they don't dwell on an issue, such as in this case, frequent flyer miles, surely, regular commercial law has got to apply.

You have a contract for air transportation, not for Aeroplan points! Show me where it states in the contract how many points you get. Otherwise, this is something that you continue to cook up!

I had this fixed by Aeroplan a few times when same day change or misconnect and rebooking ended up in T rather than originally booked T+. This is often due to the originally booked class not being available.

One thing to be careful of is that AE post it manually as an adjustment so that your bonus miles i.e. Elite status miles and say the 50% fall promotion bonus would not post automatically so you need to either mention it when you call in or may have to call again to get the bonuses posted.

Also note that the manual post add the status miles but not the status segments... If you qualify via segments, be careful...

I don't think that's how things work.

At the time you buy your ticket, it is already very clear that you will get points. Surely, my purchase decision includes all these things. So, the contract really includes the integrality of the deal.

There are plenty of things that are "not stated in the contract." Even, for instance, that tariffs apply. Try getting a hold of what the restrictions on your fare are, etc. So, I think it's fair to take the view that everything that comes together with your purchase is actually part of the contract.

Key thing really being that it's part of your purchase decision.

Couldn't find it, eh?

So points may be part of your decision. But it is not a fact.

Facts exist in the Tariff. The fact is that there is no Aeroplan points in the Tariff so therefore the fact is Aeroplan points are not part of the contract for air transportation. And by the way, Tariffs exist and apply, just like the General Terms of Carriage because it is under govenrment regulation. And everything that applies to the contract to provide you with air transportation is there. That is what is part of the purchasing decision. So, stop cooking up your internal facts.

By the way, just in case you couldn't find it, here is AC's Tariff: http://www.aircanada.com/en/travelin...c_tariffs.html. It's publicly available and there is a link to the General Terms and Conditions for Carriage when you buy a ticket. So how is it not clear?

Mind keeping the level of acrimony down?

My point remains that there is not anything anywhere to "find." Just look at verbal contracts. Issue is not about writing a paper contract. But all the conditions known and specified are by implication part of the contract.

Tariff is part of the contract, but it's not *the* contract. That there are government regulations does not mean it's not a contract, nor does it mean there is only what is provided in the regulations. These things are merely added by reference.

But likewise if there is a clear and publicized rule about getting aeroplan miles, so it is. I know how many miles I am getting when I buy the ticket; the rule is public and well-publicized. So I have every right to see it as being part of the (implied) contract.

Mind you, I am not even sure we are arguing about the most important issue here. I submit that this sort of attitude by AC is poor marketing and that it shows how much (or more to the point, how little) respect/consideration they have for their customers. What their culture still continues being like. What the level of arrogance is in the Montreal head office. It seems no one there gets it, what the message is that this sort of attitude sends to customers.

You think I am not aware of that? Think again.

In a situation like this, I suggest a call into Aeroplan and explaining the situation to a lead crediting agent might get you somewhere. Far better that way than to debate it ad nauseum on this thread.

The airlines and their frequent flyer arms or subsidiaries have a flexibility in the cases of "goodwill mileage" on a case by case. Give it a try!

Verbal contract? What world do you live in? That's called gentleman's agreement and doesn't have any standing. What matters is what is written.

Well the Tariff and the General Terms and Conditions on Carriage is your contract. Government regulation dictates that that is the contract for air transportation. Sorry if you don't like that. Take it up with your MP.

Every right? Then you should read the Aeroplan Terms and Conditions. They can change point earning system at any point in time, etc. But benefit through the program is after you are carried. It is NOT part of your contract for air transportation.

That's not what you were arguing before.

I'm no lawyer, but I do deal with contract-law quite frequently in my job. The Tariff and General Terms and Conditions are certainly PART of the contract and are the part specifically subject to CTA regulations, however, under common and other statutory law, they are not the full extent of the contract. Any promise, stipulation or inducement to enter into contract effectively becomes part of the contract - even a verbal contract is a lawful contract, it is just not easy to substantiate. Since AC publishes the Aeroplan points earned with the various fare classes when booking tickets on the AC webpage it would be no stretch to argue that these become part of the contract. For example, booking a domestic T+ ticket brings me to a place where I can read:

"Air Canada Status Miles 100% - Accumulate Air Canada Status Miles as indicated for travel within Canada and between Canada and the U.S., including Hawaii, on all scheduled flights operated by Air Canada, Air Canada Jazz� as well as Air Canada codeshare flights operated by Air Creebec, Air Georgian Limited (doing business as Air Alliance�), Air Labrador, Calm Air, Central Mountain Air and Pacific Coastal. Aeroplan Miles earned for distance flown on Tango fares do not count towards Air Canada Top Tier status. For more details on mileage accumulation, visit aeroplan.com."

While it references "details - visit aeroplan.com", it doesn't say subject to terms & conditions at aeroplan.com. Regardless, the aeroplan t's&c's state that final authority for mileage earning for flights is the airline not AE.

Please do your homework. Most contracts are implied.


I realize that you are a civil servant. Sorry to tell you, but you are quite wrong on this. And BTW, I would bet it would help you in your career if you would do your homework and if you would learn what reality is. (Seriously. I am not reying to be arrogant or flippant or anything.)


I believe they *are* part of the *implied* contract. Except, under commercial law, that particular clause whereby they can change at any time has to be void to the extent that a contract has been entered on. They can change at any time for those contracts that have not yet been entered on.