Beaulieu

Quite right. I am blind this morning! My bad.

KARFA

Can I just check, are you sure they would have booked in to F selling class and not A? Did it match up with with selling class of the long haul?

Just for reference, the difference in avios for selling classes relates to the % avios awarded, where:

F - 300% of miles flown
A - 250% of miles flown
J, C, D - 250% of miles flown

Between A and J, C, D there is no difference. Between F and J, C, D there is a difference of 50%. To put this in to some context let's take one of the longest flight examples I can think of (i.e. where any difference would be at it's greatest in absolute terms):

LAX-HNL (based on earnings as a GCH)

F - 10,212 avios
A - 8,936 avios
J, C, D - 8,936 avios

Calchas

Sorry you're right, it would match with the longhaul class.

scillyisles

Correct.

KARFA

Thanks.

So in that case if you were actually in very expensive F selling class on the long haul there would be a difference in avios earnings if you happened to have also included a BA codeshare for a two class AA domestic flight. The exact amount would obviously depend on the number and length of the BA coded/AA operated flights included in the booking, but as can be seen in my example even on the longest flights we are talking 1,300 avios.

For those who booked discounted first flights, i.e. in A selling class on the long haul, there would have been no difference in avios earnings.

NickB

Have they? I am not so sure. Given the prominence of information on the Exec Club on the BA website, I would have thought that it cannot be taken for granted that the award of miles is not part of the contract of carriage. The fact that it is provided by another entity and is subject to conditions on the relationship between the passenger and that entity does not necessarily provide BA with a get-out clause here. But agreed that it is not the most straightforward situation.

Calchas

You'd still be missing those precious TPs!

Tobias-UK

I agree, hence my references earlier to it being legally and evidentially complex being further complicated by two separate T&Cs creating two separate issues joined by a common transaction - and that's before you start to look at the AA aspect of the contract.

BA carried out its part of the contract under the conditions of carriage, the passenger travelled on the booked services in the cabins paid for. The complications arise when the issues relating to a free membership of a frequent traveller programme show through. At the end of the day it is about TP earning only as there is no reduction in the Avios earned. Establishing liability isn't straightforward, construction of the contract is complicated given the various entities.

Yes, there is some merit in the argument but it is not an easy one to advance and one certainly not worth expending any time or effort on.

PUCCI GALORE

Well said. If ever I heard of Frivolous Litigation, this would have to be it. All this for a few Tier points? I can just see a Judge wasting his time with that sort of nonsense.

stifle

They may throw you some Avios to make you go away.

The contract of carriage will not have any guarantee of any amount of Avios and TP whatsoever and I would be very surprised indeed if any case looking for them got anywhere at all in court. The contract of carriage is to get you from A to B (possibly via C, D, and E) in a certain class of travel. No more.

stifle

I think that were BA/AGL/whoever to find a court ruled against them at trial, they would quite merrily proceed to exercise the part of the T&Cs allowing them to terminate the short-lived victor's membership in the Executive Club.

NickB

...and the Court in the subsequent case would probably even more merrily hold that the clause allowing them to do just that was an unfair term and therefore unenforceable...IME, courts rarely take kindly to attempts to defeat judicial pronouncements.

stifle

I wouldn't be so sure. Courts and other authorities are very slow to insist that a business must continue to accept someone as a customer indefinitely.

gcuk

This endless legal speculation is getting tiresome and clogging up a thread that for some, is probably of great interest. Could I suggest that we call a halt to the legal posturing and when one of the legal experts initiates action or BA come back with a response to a query either granting or denying the additional avios and TPs, please let us know. Thanks

Tobias-UK

AA have already refused to award A fare TPs for affected flights. Don't you think those who are affected by this situation would want to consider the legal issues before going forward? The armchair lawyers have, as happens all too regularly here, chirped up and suggested this is a simple matter of a breach of contract. The fact of the matter is very different and that outside the discretion of AA/BA then the chances of being awarded A fare TPs is nothing but a remote possibility. If anyone here has any thoughts of taking this to a court then they need to be aware that it would be one very difficult uphill struggle. It's really not worth the hassle.

I would certainly advise against going legal, perhaps if one of the afflicted with £25 to spare might want to try CEDR to see how they interpret the matter. I would think the chances of success there would be greater than pursuing this through the courts.