Class action case over fuel surcharge results in Avios distribution (US members only)
#121
Join Date: Dec 2014
Programs: BAEC Silver, Flying Blue Petroleum
Posts: 270
US courts exist to protect US persons. What address an airline holds for them is irrelevant.
#122
Moderator: British Airways Executive Club, Iberia Airlines, Airport Lounges and Environmentally Friendly Travel
Join Date: Jan 2003
Location: London, UK
Posts: 22,210
True, but in practical terms it isn't possible to be both a "US resident member of the BAEC" and a "UK resident member of the BAEC".
I suppose I'm just being picky at the wording of Clause 33. Had it been worded: "all United States residents who (a) are members of BA's Executive Club, and (b) provided BA with a valid United States address at the time of booking, and (c) redeemed frequent flyer miles, etc, etc" we wouldn't be debating this
I suppose I'm just being picky at the wording of Clause 33. Had it been worded: "all United States residents who (a) are members of BA's Executive Club, and (b) provided BA with a valid United States address at the time of booking, and (c) redeemed frequent flyer miles, etc, etc" we wouldn't be debating this
#123
Join Date: Dec 2014
Programs: BAEC Silver, Flying Blue Petroleum
Posts: 270
True, but in practical terms it isn't possible to be both a "US resident member of the BAEC" and a "UK resident member of the BAEC".
I suppose I'm just being picky at the wording of Clause 33. Had it been worded: "all United States residents who (a) are members of BA's Executive Club, and (b) provided BA with a valid United States address at the time of booking, and (c) redeemed frequent flyer miles, etc, etc" we wouldn't be debating this
I suppose I'm just being picky at the wording of Clause 33. Had it been worded: "all United States residents who (a) are members of BA's Executive Club, and (b) provided BA with a valid United States address at the time of booking, and (c) redeemed frequent flyer miles, etc, etc" we wouldn't be debating this
Consider my financier.
He is a US resident, member of the BAEC
He is a UK resident, member of the BAEC
He can quite easily be a member of the BAEC registered legitimately in either country. It's just an address as far as the court is concerned. US courts have jurisdiction over and a duty to US residents, not foreigners who've registered a US address with a frequent flyer programme.
#124
Join Date: Nov 2009
Location: BOS
Programs: BA Silver, Mucci
Posts: 5,289
I mostly agree with this other than your interpretation of "US resident members", the words US resident have a specific legal meaning as resident of the USA. Not US registered with BAEC.
You can't not provide a valid US address during booking if using a US credit card, I never hid the fact I was booking from the US and was a US resident paying in USD with a US card.
Therefore additionally:
You can't not provide a valid US address during booking if using a US credit card, I never hid the fact I was booking from the US and was a US resident paying in USD with a US card.
Therefore additionally:
- US resident members of BA's Executive Club who provided BA with a valid US address at the time of booking regardless of a UK mailing address registered to the BA account - ELIGIBLE
#125
Join Date: Dec 2014
Programs: BAEC Silver, Flying Blue Petroleum
Posts: 270
They only refer to addresses as "preferred mailing address" and make no requirement for the member to be a resident of that particular country for immigration or any other purpose.
Preferred mailing address is just about the loosest possible term I can think to refer to a member's address, and obviously is not the term chosen in the legal documents as the qualifier.
I therefore conclude that the reference to residence can only refer to residency for immigration purposes at the time of the redemption and has no basis for any other meaning in terms of BAEC.
Just a footnote to further support my view. The claim website requires a number of statements to be agreed to as the qualification process. The only one that refers to a US address is for it to have been valid and provided to BA at the time of booking. This is done in the booking itself. Not for the account to be registered in the US.
Mine was registered in the US while I lived there, incidentally, but I wouldn't want others to be discouraged from making a valid claim. The receipt of Avios requires no declaration at all so they must be relatively certain of members' qualification to claim based on an email address and the address provided in the booking.
#126
Join Date: Sep 2009
Posts: 2,825
The cash amount is a percentage of the fuel surcharge that you actually paid, regardless of the number of flights taken.
The miles amount is based on the number of flights taken, regardless of the fees paid.
#127
Join Date: Apr 2003
Location: MSY
Programs: BA GfL
Posts: 5,925
There is no direct correlation between the cash offered and the miles offered.
The cash amount is a percentage of the fuel surcharge that you actually paid, regardless of the number of flights taken.
The miles amount is based on the number of flights taken, regardless of the fees paid.
The cash amount is a percentage of the fuel surcharge that you actually paid, regardless of the number of flights taken.
The miles amount is based on the number of flights taken, regardless of the fees paid.
#128
Join Date: Dec 2006
Location: SEA
Programs: VS AU, AS 75K, Hilton Lifetime Diamond
Posts: 223
I didn't receive the initial email nor did I get a hard copy (I had failed to update my home address). I emailed [email protected] on June 3. Received my UI on the 7th so not too bad.
Offer-I'll be taking the cash and using it as my "pint fund" for the foreseeable future....
Offer-
Avios Option: 35,000 miles
Cash Option: $1,246.68
#129
FlyerTalk Evangelist
Join Date: Feb 2003
Location: New York, NY
Programs: BAEC Gold, Delta Platinum, Hilton Diamond, Marriott Gold, AMEX Platinum (US)
Posts: 18,486
As noted earlier in the thread I didn't receive an email initially. I sent an email in to the address providing my details and it seems a few shekels are coming my way.
#130
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
You are right, however in this case the T&Cs of BAEC only refer to the word "resident" in relation to prohibition of residents of certain countries.
They only refer to addresses as "preferred mailing address" and make no requirement for the member to be a resident of that particular country for immigration or any other purpose.
Preferred mailing address is just about the loosest possible term I can think to refer to a member's address, and obviously is not the term chosen in the legal documents as the qualifier.
I therefore conclude that the reference to residence can only refer to residency for immigration purposes at the time of the redemption and has no basis for any other meaning in terms of BAEC.
Just a footnote to further support my view. The claim website requires a number of statements to be agreed to as the qualification process. The only one that refers to a US address is for it to have been valid and provided to BA at the time of booking. This is done in the booking itself. Not for the account to be registered in the US.
Mine was registered in the US while I lived there, incidentally, but I wouldn't want others to be discouraged from making a valid claim. The receipt of Avios requires no declaration at all so they must be relatively certain of members' qualification to claim based on an email address and the address provided in the booking.
They only refer to addresses as "preferred mailing address" and make no requirement for the member to be a resident of that particular country for immigration or any other purpose.
Preferred mailing address is just about the loosest possible term I can think to refer to a member's address, and obviously is not the term chosen in the legal documents as the qualifier.
I therefore conclude that the reference to residence can only refer to residency for immigration purposes at the time of the redemption and has no basis for any other meaning in terms of BAEC.
Just a footnote to further support my view. The claim website requires a number of statements to be agreed to as the qualification process. The only one that refers to a US address is for it to have been valid and provided to BA at the time of booking. This is done in the booking itself. Not for the account to be registered in the US.
Mine was registered in the US while I lived there, incidentally, but I wouldn't want others to be discouraged from making a valid claim. The receipt of Avios requires no declaration at all so they must be relatively certain of members' qualification to claim based on an email address and the address provided in the booking.
#131
Join Date: May 2009
Location: GLA
Posts: 1,214
I didn't get the email and was told that I am not on the settlement list. However I had several flights purchased with Avios (and fees paid with a credit card with a US address) during the time period.
For example, I got two Qantas business class tickets in February, 2012. This is the info that was on my email receipt.
The fare breakdown does not include a specific line item for a fuel surcharge, but says it is included in the tax/fee/charge section. I know that Qantas charges for YQ, so I must have paid it, right?
For example, I got two Qantas business class tickets in February, 2012. This is the info that was on my email receipt.
Avios points debited80000Payment TotalUSD 429.50Date22 Feb 2012Flight tickets issued byBritish Airways, USAIATA Number33992884Endorsements*m*redemption/restrictions may apply/restricted refund/non endorsableFare DetailsUSD 0.00 + Tax/Fee/Charge USD 429.50 = USD 429.50Fare breakdownThe price of your ticket includes a security and insurance surcharge and a fuel surcharge per sector levied by the carrier. All taxes, fees and charges are to be paid by the member (not British Airways).
The fare breakdown does not include a specific line item for a fuel surcharge, but says it is included in the tax/fee/charge section. I know that Qantas charges for YQ, so I must have paid it, right?
#132
Join Date: Dec 2014
Programs: BAEC Silver, Flying Blue Petroleum
Posts: 270
I didn't get the email and was told that I am not on the settlement list. However I had several flights purchased with Avios (and fees paid with a credit card with a US address) during the time period.
For example, I got two Qantas business class tickets in February, 2012. This is the info that was on my email receipt.
The fare breakdown does not include a specific line item for a fuel surcharge, but says it is included in the tax/fee/charge section. I know that Qantas charges for YQ, so I must have paid it, right?
For example, I got two Qantas business class tickets in February, 2012. This is the info that was on my email receipt.
Avios points debited80000Payment TotalUSD 429.50Date22 Feb 2012Flight tickets issued byBritish Airways, USAIATA Number33992884Endorsements*m*redemption/restrictions may apply/restricted refund/non endorsableFare DetailsUSD 0.00 + Tax/Fee/Charge USD 429.50 = USD 429.50Fare breakdownThe price of your ticket includes a security and insurance surcharge and a fuel surcharge per sector levied by the carrier. All taxes, fees and charges are to be paid by the member (not British Airways).
The fare breakdown does not include a specific line item for a fuel surcharge, but says it is included in the tax/fee/charge section. I know that Qantas charges for YQ, so I must have paid it, right?
#133
Join Date: May 2009
Location: GLA
Posts: 1,214
I stand to be corrected, but I understand the it's only BA's YQ on BA flights that has been challenged, which were typically higher than this. $215 a ticket in fuel surcharge to Australia in business class at that time seems entirely reasonable. Fuel surcharges in themselves are quite valid.
- You did not redeem frequent flyer miles (“Avios”) for an award ticket during the Class Period.
- You did not pay a fuel surcharge for an award ticket(s) between November 9, 2006 and April 17, 2013.
- You did not provide BA with a valid U.S. address at the time you paid for your award ticket(s)
- You redeemed frequent flyer miles exclusively using a product called BA’s “Cash+Avios” option.
#134
#135
Join Date: Sep 2002
Location: Thousand Oaks, Ca., USA
Programs: AA Lifetime Plat; Bonvoy Titanium Lifetime Elite;Hyatt Globalist; HHonors Diamond; United Silver
Posts: 8,301
I’m on the list, my wife isn’t. Got the same response as above with the possible reasons, not applying, She was on the same flights as me and paid the same YQ.
im thinking it’s a problem because it’s under a family account (I know of another BA family account holder whose wife wasn’t in the list)
Or it’s because we used a Chase 2-for1.
Anyone have any insights? Anyone successfully get the list of flights from the administrator that the offer is based on?
im thinking it’s a problem because it’s under a family account (I know of another BA family account holder whose wife wasn’t in the list)
Or it’s because we used a Chase 2-for1.
Anyone have any insights? Anyone successfully get the list of flights from the administrator that the offer is based on?