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BA First Helicopter Ride - QC [Quebec, Canada] Lawsuit

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BA First Helicopter Ride - QC [Quebec, Canada] Lawsuit

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Old Jan 27, 2020, 3:29 pm
  #31  
 
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Originally Posted by Cotswold Eagle
According to the original link the OP posted:

it is based on a “single sentence contained in a provision of a tariff filed with the Canadian Transportation Agency in 1993”;”
Single sentence or not, the link posted by durberville (above) does say "In effect on: 26AUG19". Maybe this is a $2600 typo, although a ruling in their favor might open up more lawsuits for those who traveled prior to that date.

Originally Posted by YYCCL3
After reading the tariff, next time I fly BA F I am going to request cigarettes!
NOTE: BA reserves the right to designate this service as non-smoking service.
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Old Jan 27, 2020, 3:30 pm
  #32  
 
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What is even going on here?
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Old Jan 27, 2020, 3:31 pm
  #33  
 
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Originally Posted by Gig103
NOTE: BA reserves the right to designate this service as non-smoking service.
I don't have to smoke them on the aircraft. I don't even smoke. But I want my cigarettes, dammit!
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Old Jan 27, 2020, 3:34 pm
  #34  
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Originally Posted by trooper
I have a question. Did the OP ACTUALLY PURCHASE the Helicopter flight? Was there an actual expense of "$2587.07"? (Which seems VERY high for the service described) Is the OP seeking reimbursement for having to pay for something that should have been complimentary...or did he happily use OTHER transportation and is seeking a windfall rather than actual costs?
i received quotes for helicopters. I did not purchase one. It should have been included in my ticket cost already paid. Quebec Consumer Protection Act/Civil Code provides for value of loss in breach of contract as a remedy.
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Old Jan 27, 2020, 3:36 pm
  #35  
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Originally Posted by Kgmm77
Here’s the last time it came up.

Flying BA First? Get your helicopter!

OP redacted their first post. Wonder why.....
oh that’s just great. I’m now expecting the defendant to call me up as a witness
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Old Jan 27, 2020, 3:36 pm
  #36  
 
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So you did NOT incur the actual cost. I think that speaks volumes.....
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Old Jan 27, 2020, 3:42 pm
  #37  
 
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Also from the link posted by the OP:

The Defendant stating, in its Contestation, that the Plaintiff is not a consumer - but a business owner whose business is concerned with taking advantage of rewards points programs and similar programs and assisting others, for a fee, to do the same.
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Old Jan 27, 2020, 3:43 pm
  #38  
 
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What did your original post in this thread say? - Flying BA First? Get your helicopter!

Did you successfully sue BA for the 'mistake' fare in 2017?

And does the Canadian Mint let you purchase from them again yet?
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Old Jan 27, 2020, 3:44 pm
  #39  
 
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Originally Posted by durberville
Posted without comment. Decision on BA’s motion to dismiss and transfer to other jurisdiction. Both motions denied and case will proceed to trial.

Factual basis is international tariff (Canada or USA) includes provision that free helicopter ride given to First Class passengers arriving at JFK. Agreed facts are that plaintiff (myself) requested service and was denied.


https://www.canlii.org/en/qc/qccq/do...&resultIndex=1
Well having read this tariff (which is clearly out date, yet someone how valid? and not a contract) I conclude perhaps through some obscure Canadian law you have a claim as surely it would have been thrown out. More worryingly; this reeks of you knowing about this in advance purely to make a claim.

Either way, I’m rooting for BA to come down hard on you here and take you to the cleaners on this; a clear waste of the legal system, and, I also hope you have full costs awarded against you.
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Old Jan 27, 2020, 3:51 pm
  #40  
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Originally Posted by Cotswold Eagle
Also from the link posted by the OP:

The Defendant stating, in its Contestation, that the Plaintiff is not a consumer - but a business owner whose business is concerned with taking advantage of rewards points programs and similar programs and assisting others, for a fee, to do the same.
I used to operate an award booking service. Apparently that's taking advantage.

Originally Posted by JFX1764
What did your original post in this thread say? - Flying BA First? Get your helicopter!

Did you successfully sue BA for the 'mistake' fare in 2017?

And does the Canadian Mint let you purchase from them again yet?
I don't exactly recall, but it was essentially sharing this discovery.

I'm awaiting judgment on the mistake fare lawsuit, which should come out any day now. I'll certainly be sharing it.

Re: Mint, the program ended before it went public so it wasn't an issue.

Originally Posted by ScienceTeacher
Well having read this tariff (which is clearly out date and not a contract) I conclude perhaps through some obscure Canadian law you have a claim as surely it would have been thrown out. More worryingly; this reeks of you knowing about this in advance purely to make a claim.

Either way, I’m rooting for BA to come down hard on you here and take you to the cleaners on this; a clear waste of the legal system, and, I also hope you have full costs awarded against you.
It most certainly is a binding contract. Indeed, it is the contract that binds your travel. Here's some guidance... visit the BA General Conditions of Carriage, and you will note that "The contract is governed by: [...] any tariffs which apply"
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Old Jan 27, 2020, 3:52 pm
  #41  
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Originally Posted by Gig103
Single sentence or not, the link posted by durberville (above) does say "In effect on: 26AUG19". Maybe this is a $2600 typo, although a ruling in their favor might open up more lawsuits for those who traveled prior to that date..
Doubtful. The tariff quoted applied to published fares. Redemptions fall into the category of unpublished fares
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Old Jan 27, 2020, 3:53 pm
  #42  
 
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The timing of this thread is quite unfortunate, given the recent tragic news of a loss of 9 people, 1 of which an extremely influential person. My thoughts go out to them and their loved ones.

And in another story, I met a senior aviation lawyer for a multinational avionics company who told me very bluntly and plainly don’t ever fly in a helicopter...! It was a random meeting but a piece of advice that has always stuck with me.

Anyway I’m still not sure the purpose of this thread. But I’d stay away from helicopters. (My own opinion)
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Old Jan 27, 2020, 3:54 pm
  #43  
 
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Originally Posted by ScienceTeacher
Well having read this tariff (which is clearly out date, yet someone how valid? and not a contract) I conclude perhaps through some obscure Canadian law you have a claim as surely it would have been thrown out. More worryingly; this reeks of you knowing about this in advance purely to make a claim.

Either way, I’m rooting for BA to come down hard on you here and take you to the cleaners on this; a clear waste of the legal system, and, I also hope you have full costs awarded against you.

Agreed on the “booking in the full knowledge that this service wasn’t available to make a claim” also highly suspicious to redact the thread from 3 years ago. One suspects the OP is trying to hide the previously highlighted existence of this on the forum, should BA begin to look into this.
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Old Jan 27, 2020, 3:58 pm
  #44  
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Originally Posted by Prospero
Doubtful. The tariff quoted applied to published fares. Redemptions fall into the category of unpublished fares
That's not how airline contracts work. So what applies is the fare rules (in this case, the fare rules governing the award ticket). Some airlines will have additional conditions of carriage, like BA (General Conditions of Carriage) others will simply have the tariff, also known as the Contract of Carriage. The tariff is the "supreme" document that governs your travel - all rights and obligations stem from it. Other documents, such as the fare rules, will govern the nitpicky details of your travel.
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Old Jan 27, 2020, 3:58 pm
  #45  
 
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Originally Posted by Prospero
Doubtful. The tariff quoted applied to published fares. Redemptions fall into the category of unpublished fares
lol are you kidding me
this thread is amsuing

Last edited by yerffej201; Jan 27, 2020 at 4:34 pm
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