Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > British Airways | Executive Club
Reload this Page >

Change to BAEC T&Cs : Class Action Waiver for US and Canadian Members

Change to BAEC T&Cs : Class Action Waiver for US and Canadian Members

Old May 28, 2020, 8:23 am
  #1  
Original Poster
 
Join Date: Jan 2015
Location: NYC
Programs: BA Silver, UA 1K, DL Platinum
Posts: 692
Change to BAEC T&Cs : Class Action Waiver for US and Canadian Members

I just received an email announcing changes for US and Canadian members. It adds a class action waiver to the terms and conditions and requires issues to be settled individually through arbitration (not court or class action).

You are required to accept the next time you book a flight on ba.com (so that might be a while for me and others...)

I'm curious whether this is preemptive or there is something in progress right now (I did take advantage of the fuel surcharge case and took the avios).
rather_be_on_a_griffin is offline  
Old May 28, 2020, 8:28 am
  #2  
Moderator: Avis and Rental Cars
 
Join Date: Oct 2006
Programs: US Platinum, United 1k, HHonors Diamond, Avis CC, Priority Club Platinum, Marriott Gold
Posts: 8,013
I got the same email. I've never booked a BA flight through BA (just one segment of an AA award eons ago). Just have an account for miles from a credit card a few years ago and throw them a rental car every year or so to keep them active.
IAHtraveler is offline  
Old May 28, 2020, 8:33 am
  #3  
Hilton Contributor BadgeMarriott Contributor Badge
 
Join Date: Apr 2017
Location: WAS
Programs: Free Agent
Posts: 1,750
I received the same email. I've been scanning through the T&C, and haven't found any mechanism to opt-out of the arbitration requirement. The only option seems to be ceasing to book with BA.
Beltway2A is online now  
Old May 28, 2020, 8:43 am
  #4  
Moderator, Air Canada; FlyerTalk Evangelist
 
Join Date: Feb 2015
Location: YYC
Programs: AC SE MM, FB Gold, DL PM, WS Plat, BA Silver, Marriott Plat, Hilton Gold, Accor Silver
Posts: 16,445
I just got the same e-mail. Can't say I'm impressed that I've still heard nothing from BA about whether they'll extend my status (TP collection year ends in August) or anything, yet they've found time to jam this anti-consumer change to the T&C down our throats.

I think that this type of provision should be outlawed, but I don't think we'll have any choice but to accept it.
Adam Smith is offline  
Old May 28, 2020, 8:45 am
  #5  
 
Join Date: Jun 2005
Posts: 37
https://www.nytimes.com/2020/04/06/b...-overload.html

It may not even apply in some Canadian provinces - this from Wikipedia:

In Canada, consumer arbitration is a matter of provincial jurisdiction and three provinces (Ontario, Quebec and Alberta) have passed legislation expressly preserving consumer access to the courts. Ontario and Quebec consumer protection statutes limit enforcement of consumer arbitration clauses and class action waivers.[167] In Alberta, only arbitration clauses approved by the government will be enforced.[168] In the remaining provinces and territories consumer arbitration clauses will block court access for all claims except some statutory “public interest” causes of action. In the 2011 case of Seidel v. TELUS Communications Inc.,[169] the Supreme Court of Canada held that where the text, context or purpose of a statute reveals a legislative intention to preserve court access for a statutory cause of action, access to the courts will be retained notwithstanding a mandatory arbitration clause.[170]
https://en.wikipedia.org/wiki/Consum..._United_States
af fp, Gerbs, sofasurfer and 3 others like this.

Last edited by keepclimbing; May 28, 2020 at 9:14 am
keepclimbing is offline  
Old May 28, 2020, 8:47 am
  #6  
 
Join Date: Dec 2007
Location: BOS
Programs: AA, DL, TK
Posts: 227
Originally Posted by Adam Smith
I just got the same e-mail. Can't say I'm impressed that I've still heard nothing from BA about whether they'll extend my status (TP collection year ends in August) or anything, yet they've found time to jam this anti-consumer change to the T&C down our throats.

I think that this type of provision should be outlawed, but I don't think we'll have any choice but to accept it.
It's absolutely reprehensible that this is one of their top priorities during the pandemic - perhaps they thought it would pass relatively unnoticed. Hopefully I can use my Avios for partner awards as I have no inclination to give them any more money.
Gerbs is offline  
Old May 28, 2020, 9:07 am
  #7  
 
Join Date: May 2003
Location: TLL
Programs: OZ Diamond, BA Gold, Bonvoy Ambassador, HH Gold
Posts: 4,400
Originally Posted by Gerbs
It's absolutely reprehensible that this is one of their top priorities during the pandemic - perhaps they thought it would pass relatively unnoticed. Hopefully I can use my Avios for partner awards as I have no inclination to give them any more money.
I do feel this was a little peculiar to send out at this particular time. My first reaction to the email and the "Important Changes to your Executive Club Membership" subject line was "Thank God, they've finally come to their senses and extended status by a year." Imagine my disappointment...
dcmike is offline  
Old May 28, 2020, 9:35 am
  #8  
 
Join Date: Mar 2010
Location: Roswell, GA
Programs: BA Gold-Virgin Gold-Delta MM-Hilton Diamond-Hyatt Globalist-Marriott Gold-IHG Plat Amb-Accor Nobody
Posts: 256
I'm a US member and registered as part of the SPG Law Class Action. By accepting these t&c updates the next time I book, would this exclude me from that action ? and if so, this is a DISGUSTING attempt by BA to minimize their exposure to a financial loss.
BritBoyInFL is offline  
Old May 28, 2020, 9:38 am
  #9  
 
Join Date: Oct 2010
Location: West Coast USA
Programs: BAEC
Posts: 555
Originally Posted by dcmike
I do feel this was a little peculiar to send out at this particular time.
Unless they are planning some major overhaul to the program etc.
TangoOneSeven is offline  
Old May 28, 2020, 9:43 am
  #10  
 
Join Date: Aug 2005
Location: NYC, FLL
Programs: UA PP 1MM, Marriott Bonvoy LTTE, BA Bronze
Posts: 6,196
Got it too. Baffling.
seanp7 is online now  
Old May 28, 2020, 9:49 am
  #11  
 
Join Date: Jan 2007
Location: PHX
Programs: AA ExPlat, United Gold, IHG Amb Plat, HHonors Diamond(Aspire), Bonvoy LT Plat, Hyatt Globalist
Posts: 441
Originally Posted by Adam Smith

I think that this type of provision should be outlawed, but I don't think we'll have any choice but to accept it.

Oh there is a choice!

Like others, I saw the email and was thinking yayyyyy!! BA is going to extend my status for 2021 or at least push out my year end date!

I was only a flight or so away from getting to Silver for the first time, but I'm thinking that this is just such a badly timed tone-deaf move that I will just let BAEC slide and stick with AA (not that US carriers won't be trying to slip through the same thing).
af fp and dcmike like this.
kabroui is offline  
Old May 28, 2020, 9:57 am
  #12  
 
Join Date: Aug 2016
Posts: 207
Given BA's current mindset, I am afraid their attitude to people questioning this new condition will be to simply say goodbye, nice knowing you! It is blatantly obvious they do not care about their staff or their customers.
Edina likes this.
DelTroon is offline  
Old May 28, 2020, 10:00 am
  #13  
FlyerTalk Evangelist
 
Join Date: Jul 1999
Location: ORD/MDW
Programs: BA/AA/AS/B6/WN/ UA/HH/MR and more like 'em but most felicitously & importantly MUCCI
Posts: 19,676
The passive opt-in aspect of this forcible change means a challenge in the US courts is inevitable.
aztimm, James91, hessbo and 1 others like this.
BearX220 is offline  
Old May 28, 2020, 10:33 am
  #14  
 
Join Date: Jul 2009
Location: UK
Programs: BA Gold
Posts: 2,418
Originally Posted by BearX220
The passive opt-in aspect of this forcible change means a challenge in the US courts is inevitable.
From a post in the COVID tier points thread:

Dear Mr X,

We hope you and your family are keeping well during these difficult times.

Were writing to let you know about some changes to your Executive Club membership. These changes include adding an arbitration agreement and class action waiver to our Terms and Conditions from 28 May 2020.

At British Airways, we would always try to informally settle any issues that may arise. However, if thats not possible, we require our US and Canadian Members, such as yourself, to use arbitration to resolve disputes individually and not through a court or a class action.

Youll be asked to accept these changes the next time you book with us on ba.com. Until then, you can also review these updated Executive Club Terms and Conditions online.

Thank you as always for your continued loyalty.

With best wishes,
Your Executive Club Team
Based on that it appears it will be an active opt-in before you can book a flight.

Genuine question, why is neutral arbitration a worse proposition than a class action?

Last edited by Steve_ZA; May 28, 2020 at 10:38 am
Steve_ZA is offline  
Old May 28, 2020, 10:35 am
  #15  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,039
Originally Posted by keepclimbing
It may not even apply in some Canadian provinces - this from Wikipedia:
I see how they got around that. The actual new clauses are:

Originally Posted by BAEC Terms and Conditions, Canada and USA
33.1 If you are a resident of the USA or Canada, to the extent permissible by local law or regulation, you agree that the resolution of any Dispute shall be conducted on an individual, not a class-wide basis (Class Action Waiver), and that no such proceeding may be consolidated with any other legal proceedings involving British Airways or any other person. You further agree that you, and anyone asserting a claim for you, will not be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding against British Airways.

34.1 United States Residents
34.1.1 The resolution of any Dispute by a resident of the United States is agreed by you and British Airways to be subject to the following conditions:

34.1.2 All Disputes arising from or relating to these Terms and Conditions shall be resolved in binding arbitration (U.S. Arbitration Agreement) in accordance with the Federal Arbitration Act, 9 U.S.C. 1 et seq., which shall govern the interpretation and enforcement of this U.S. Arbitration Agreement.
You and British Airways agree that any and all disputes, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court by a judge or jury.

34.1.3 Limitations Period: The party seeking relief shall serve a demand for arbitration on the other party within a reasonable time after the Dispute has arisen, and in no event shall demand be made after two years from when the aggrieved party knew or should have known of the Dispute.

34.1.4 British Airways and you agree that the arbitrator of any Dispute may not consolidate more than one persons claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action).

34.1.5 If the Class Action Waiver or any portion thereof is found to be illegal or unenforceable, then the U.S. Arbitration Agreement set forth herein will be unenforceable, and the Dispute will be decided by a court.

34.1.6 The arbitration proceedings shall be before a neutral arbitrator in a location within the continental United States that is convenient to you. If you and British Airways are not able to agree upon the selection of an arbitrator within thirty days after the commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association (AAA). The arbitration shall be administered pursuant to the AAAs Commercial Arbitration Rules and Mediation Procedures and Supplementary Procedures for Consumer-Related Disputes. If required for the enforceability of this U.S. Arbitration Agreement under the Federal Arbitration Act, British Airways will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

34.2 Canadian Residents
34.2.1 Canadian residents consent to have any Dispute arising from these Terms and Conditions resolved pursuant to the following procedure:

34.2.2 Notice and Negotiation. You will give British Airways notice of any Dispute arising from these Terms and Conditions. Following such notification the parties shall meet at a mutually acceptable time and place within 30 days after delivery of such notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the Dispute. If the parties have not resolved the Dispute within 90 days of the disputing partys notice, the parties may initiate mediation as set out below.

34.2.3 Mediation. If the Dispute has not been resolved by negotiation as provided above within 90 days of notice being given, any such Dispute will be referred to and determined by private confidential mediation before a single mediator chosen by the parties and at their joint cost. For avoidance of doubt, you expressly understand and agree that you may only mediate matters in your individual capacity and cannot mediate the claims of any other person or on behalf of a class of persons.

34.2.4 Arbitration. Should the parties after mediation in good faith fail to reach a settlement of any dispute the issue(s) between them shall be determined by private, confidential and binding arbitration by the same person originally chosen as the mediator. For avoidance of doubt, you expressly understand and agree that you may only arbitrate matters in your individual capacity and cannot arbitrate the claims of any other person or on behalf of a class of persons.

34.2.5 Legal Proceedings. In the event that the applicable jurisdiction prohibits binding arbitration in respect of the claimant or the circumstances related to the claim, and the parties after mediation in good faith fail to reach a settlement of any Dispute, either party may refer any remaining Dispute to adjudication through a court of competent jurisdiction.
corporate-wage-slave is online now  

Thread Tools
Search this Thread

Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.