No more criticising BA if you are an Executive Club member [amendment to BAEC T&Cs]
#1
Original Poster
Join Date: May 2019
Location: North Wales
Programs: BAEC, M&M
Posts: 88
No more criticising BA if you are an Executive Club member [amendment to BAEC T&Cs]
An interesting change to the Executive Club Terms and Conditions slipped in by BA on 25th September 2020. .The definition of Misconduct has been broadened.
“any conduct, including but not limited to making misleading statements, which causes, is intended to cause or is likely to cause a detrimental effect or reflects unfavourably on the reputation of British Airways or any aspect of its business, brands, products or services”
A nice vague catch all which gives BA the power to get rid of anyone who posts anything anywhere reflecting unfavourably on them.
What price freedom of speech? - reply CENSORED
“any conduct, including but not limited to making misleading statements, which causes, is intended to cause or is likely to cause a detrimental effect or reflects unfavourably on the reputation of British Airways or any aspect of its business, brands, products or services”
A nice vague catch all which gives BA the power to get rid of anyone who posts anything anywhere reflecting unfavourably on them.
What price freedom of speech? -
#4
Community Director
Join Date: Jan 2009
Location: Norwich, UK
Programs: A3*G, BA Gold, BD Gold (in memoriam), IHG Diamond Ambassador
Posts: 8,434
An interesting change to the Executive Club Terms and Conditions slipped in by BA on 25th September 2020. .The definition of Misconduct has been broadened.
“any conduct, including but not limited to making misleading statements, which causes, is intended to cause or is likely to cause a detrimental effect or reflects unfavourably on the reputation of British Airways or any aspect of its business, brands, products or services”
A nice vague catch all which gives BA the power to get rid of anyone who posts anything anywhere reflecting unfavourably on them.
What price freedom of speech? - reply CENSORED
“any conduct, including but not limited to making misleading statements, which causes, is intended to cause or is likely to cause a detrimental effect or reflects unfavourably on the reputation of British Airways or any aspect of its business, brands, products or services”
A nice vague catch all which gives BA the power to get rid of anyone who posts anything anywhere reflecting unfavourably on them.
What price freedom of speech? -
“The breakfast I got served in Business was an absolute disgrace, not a hint of taste in it”
“I felt the flight attendant was unduly brusque with me”
“Alex Cruz’s cost cutting mantra is dragging BA into the gutter”
“I didn’t feel safe on my BA flight because of ....”, even.
All opinion.
“BA is routinely cutting down on maintenance and its planes are unsafe as a result”, presented as a statement of fact.
Well, you’d better have some proof about that one, particularly if you’re spreading the word deliberately and/or maliciously.
The former BA doesn’t care about. The latter is libellous unless it can be reasonably proven to be true (or believed to be true) and if it became urban legend then it could create an issue for the airline.
Last edited by NWIFlyer; Sep 29, 2020 at 1:28 am
#5
Original Poster
Join Date: May 2019
Location: North Wales
Programs: BAEC, M&M
Posts: 88
Sorry to have to disagree, but the key wording of the phrase is any conduct which causes, is intended to cause or is likely to cause a detrimental effect. The bit in between the commas is a qualifier which does not affect the overall meaning.
#6
Community Director
Join Date: Jan 2009
Location: Norwich, UK
Programs: A3*G, BA Gold, BD Gold (in memoriam), IHG Diamond Ambassador
Posts: 8,434
I would humbly suggest you look at the various pieces of legislation which protect consumers against unfair contract terms, the latest of which is the Consumer Rights Act 2015, weigh them against my comment on court action - then decide how this would pan out.
In short, I think you’re interpreting this as it’s written in ‘normal’ English, whereas in fact it’s a legal document. The two are very different animals.
In short, I think you’re interpreting this as it’s written in ‘normal’ English, whereas in fact it’s a legal document. The two are very different animals.
Last edited by NWIFlyer; Sep 29, 2020 at 1:47 am
#7
Original Poster
Join Date: May 2019
Location: North Wales
Programs: BAEC, M&M
Posts: 88
Sorry, but I don't understand why you brought in legal action and courts to side-track the thread..
The only relevant point is that BA have given themselves the power to kick you out of the club if you criticise them publicly.
If someone doesn't like the fact they have been kicked out are you really suggesting that they take legal action against BA?
In which case I would think that they have more money than sense or have never heard of Miles & More.
The only relevant point is that BA have given themselves the power to kick you out of the club if you criticise them publicly.
If someone doesn't like the fact they have been kicked out are you really suggesting that they take legal action against BA?
In which case I would think that they have more money than sense or have never heard of Miles & More.
#8
Join Date: Oct 2015
Location: London, UK
Programs: BAEC GGL/GFl, HH Diamond, BW Diamond, Virgin Voyages Deep Blue Extra, Blue Peter Badge Holder
Posts: 3,920
Sorry, but I don't understand why you brought in legal action and courts to side-track the thread..
The only relevant point is that BA have given themselves the power to kick you out of the club if you criticise them publicly.
If someone doesn't like the fact they have been kicked out are you really suggesting that they take legal action against BA?
In which case I would think that they have more money than sense or have never heard of Miles & More.
The only relevant point is that BA have given themselves the power to kick you out of the club if you criticise them publicly.
If someone doesn't like the fact they have been kicked out are you really suggesting that they take legal action against BA?
In which case I would think that they have more money than sense or have never heard of Miles & More.
#9
Community Director
Join Date: Jan 2009
Location: Norwich, UK
Programs: A3*G, BA Gold, BD Gold (in memoriam), IHG Diamond Ambassador
Posts: 8,434
As to why you’d think a direct comment on the implications of the new wording are derailing the thread I’m frankly mystified. The application and practicalities of that application are absolutely central.
#10
FlyerTalk Evangelist
Join Date: Jul 2002
Location: SE1, London
Posts: 23,343
Any contract read in isolation can look harsh and draconian. Read in the context of the relevant law and legal precedent and they look much more reasonable. I don’t like BA introducing this, but I can understand, to a point, why they have.
#13
Join Date: Sep 2015
Programs: A3*G,BA Silver
Posts: 2,008
The wording is extremely poor and very vague. It will definitely discourage many customers to complain in public. We have seen before,many companies will not offer any compensation but once this has become public via a newspaper or something similar they will make amendments. Misleading can be anything. BA can argue for example the statement “ The current atrocious food in CW is due to cost cutting” is misleading. It’s about the health and safety of the customers etc.
#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: 63,362
If you look at the wording of the Ts and Cs, either before or after this change, you will discover that BA have and had the power to eject you from BAEC for wearing brown shoes. This tends not to happen.
Last edited by corporate-wage-slave; Sep 29, 2020 at 2:54 am