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Lifetime Member Edition: UC access changes Nov 1, 2019 (same day BP on UA or partner)

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Old Nov 2, 2019, 11:43 pm
FlyerTalk Forums Expert How-Tos and Guides
Last edit by: zebranz
So, is anything happening with this? Just curious (Oct 3, 2019)



If you paid cash for a lifetime Club membership and would like to join a potential class action due to this material change, please post your username here:
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If you received a lifetime Club membership from the UA MM program and would like to join a potential class action, please post your username here:
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Related thread: Club member/one-time pass access changes Nov 1, 2019 (same day BP on UA or partner) Original thread -- focused on the basic access issue, most lifetime membership posts have been moved to this lifetime thread







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Lifetime Member Edition: UC access changes Nov 1, 2019 (same day BP on UA or partner)

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Old Nov 5, 2019, 8:55 pm
  #661  
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Originally Posted by dilanesp
I don't know. The airline went bankrupt after some of these folks bought memberships. Some RCC's, like the one in Sacramento, closed and never reopened.

I'd say everyone who bought these knew that lounges were a kind of amorphous, changing product, and that you were betting on many things, including the airline staying around and the lounges staying open.
When I forked over my money I knew the airline could go bankrupt or change club locations. II knew they culd change amenities. I never in my wildest dreams imagined they would refuse my entry to the club.
nsx, Tanic and kmersh like this.
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Old Nov 5, 2019, 9:56 pm
  #662  
 
Join Date: Aug 1999
Location: Washington State
Posts: 1,777
Has anyone been refused yet?

I can go try to get into the United club, other than knowing the date of their refusal to let me in is there any other information that I should gather?
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Old Nov 5, 2019, 10:31 pm
  #663  
 
Join Date: Nov 2017
Posts: 3,359
Originally Posted by HNLbasedFlyer
Correct, 3 of the lifetime AAirpasses of 28 have been cancelled and none of the court cases succeeded to recover them
My understanding of those cases were that the Airpasses were allegedly used fraudulently (i.e. dummy bookings were made using it to hold inventory for travellers who may fly companion). This is a world apart from Lifetime CoUniHound lounge members who were promised either implicitly or perhaps even explicitly via contract that they could access the lounge at any time for any reason. They did not have to hold a boarding pass from UA let alone OAL. The closest analogy I could think of for the AAirpass would be if AA said you could only use our AAirpass for flights originating or terminating at LHR.

Safe Travels,

James
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Old Nov 5, 2019, 10:50 pm
  #664  
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Originally Posted by Mikey
Has anyone been refused yet?

I can go try to get into the United club, other than knowing the date of their refusal to let me in is there any other information that I should gather?
Document the date and the reason for refusal. If they're not too busy, ask if you can get a copy of the new policy in writing, although that's probably superfluous -- UA isn't going to contest the facts of your denial. The purpose is simply to gain standing to file for breach of contract. You generally can't sue just because a company says they're gong to break a contract; you want to show that they actually followed through and broke it.

On the carrot plus stick side, I would plan to express (politely) your dissatisfaction with the new policy. If enough people complain to the lounge agents, that will eventually filter its way up to management also.
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Old Nov 5, 2019, 10:53 pm
  #665  
 
Join Date: Nov 2017
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Originally Posted by jsloan
Document the date and the reason for refusal. If they're not too busy, ask if you can get a copy of the new policy in writing, although that's probably superfluous -- UA isn't going to contest the facts of your denial. The purpose is simply to gain standing to file for breach of contract. You generally can't sue just because a company says they're gong to break a contract; you want to show that they actually followed through and broke it.

On the carrot plus stick side, I would plan to express (politely) your dissatisfaction with the new policy. If enough people complain to the lounge agents, that will eventually filter its way up to management also.
Would it also make sense to have a keep a copy of the paper boarding pass of this incident? That way you have evidence to prove that you were air-side during the date and time in question? As for specifics to write down I'd say the name of the lounge attendant, the date you visited, time, and location (both airport along with terminal and gate number if there are multiple UCs in the given terminal).

-James
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Old Nov 5, 2019, 10:55 pm
  #666  
 
Join Date: Sep 2006
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Originally Posted by Mikey

I can go try to get into the United club, other than knowing the date of their refusal to let me in is there any other information that I should gather?
What kind of information - it is right on the website in plain view - they'll either let you in or they won't

https://www.united.com/ual/en/us/fly...es/access.html

Effective November 1, 2019, United Club customers, including members and their guests, and one-time pass holders will need to provide a same-day boarding pass for travel on United, Star Alliance or a contracted partner for entry into all United Club locations. See United Club terms and conditions
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Old Nov 5, 2019, 10:59 pm
  #667  
 
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I hadn't clicked on the terms and conditions for quite awhile - we all know they say they can change the terms at any time - I did notice they also have:

The Rules on united.com shall be deemed to supersede any prior or conflicting versions thereof.

United considers membership and/or use of any Lounge an acceptance of these Rules.

and.....

United reserves the right to terminate membership or remove any customer from a Lounge for any abuse of privileges (including inappropriate conduct), failure to follow these terms and conditions or failure to follow the rules of the United MileagePlus program. Membership in United MileagePlus is a prerequisite for a United Club membership and therefore a member’s termination from the United MileagePlus program will result in an immediate termination from the United Club membership without compensation.

Membership in MileagePlus may be important as that was a consideration in the Million Mile case
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Old Nov 6, 2019, 12:01 am
  #668  
 
Join Date: Feb 2015
Programs: united
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Originally Posted by HNLbasedFlyer
I hadn't clicked on the terms and conditions for quite awhile - we all know they say they can change the terms at any time - I did notice they also have:

The Rules on united.com shall be deemed to supersede any prior or conflicting versions thereof.

United considers membership and/or use of any Lounge an acceptance of these Rules.

and.....

United reserves the right to terminate membership or remove any customer from a Lounge for any abuse of privileges (including inappropriate conduct), failure to follow these terms and conditions or failure to follow the rules of the United MileagePlus program. Membership in United MileagePlus is a prerequisite for a United Club membership and therefore a member’s termination from the United MileagePlus program will result in an immediate termination from the United Club membership without compensation.

Membership in MileagePlus may be important as that was a consideration in the Million Mile case
The 2nd one is pretty important because it ties in to the failure to challenge when UA pulled the gate passes.

UA will claim that if you entered a lounge after that, you accepted the new rule. Which, if upheld by a court, would force the plaintiff solely onto the ground of seeking to use the lounge while flying competitors, which is exactly what United wants any case to be about.

It further means if you are going to sue United, better do so before using any lounge post-11/1, because if you use it with a United ticket, you are accepting the new rule.
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Old Nov 6, 2019, 6:42 am
  #669  
 
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Originally Posted by dilanesp
The 2nd one is pretty important because it ties in to the failure to challenge when UA pulled the gate passes.

UA will claim that if you entered a lounge after that, you accepted the new rule. Which, if upheld by a court, would force the plaintiff solely onto the ground of seeking to use the lounge while flying competitors, which is exactly what United wants any case to be about.

It further means if you are going to sue United, better do so before using any lounge post-11/1, because if you use it with a United ticket, you are accepting the new rule.
Is that true if I sent an email objecting to the new rules before they were instituted ? And they responded with regrets?
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Old Nov 6, 2019, 8:26 am
  #670  
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Originally Posted by radonc1
Is that true if I sent an email objecting to the new rules before they were instituted ? And they responded with regrets?
Generally, "gotcha" clauses aren't enforceable. I.find it hard to believe that any court would find that (a) United made an impermissible change in benefits and (b) by continuing to make use of the remaining benefits -- i.e., not restricting oneself even further -- the customer acquiesced. However, to answer your specific question, if a court did find this clause enforceable, then, yes, objecting in writing but then continuing to use the club would be an acceptance of the terms akin to changing your mind. So, I guess that the best course of action for any individual probably depends upon risk tolerance and faith in the court.

I'm not even sure that they'd be on solid ground terminating a lifetime lounge membership for MileagePlus malfeasance, unless that was specifically called out in advance -- and, for members whose memberships are older than the mileage programs, that seems unlikely.
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Old Nov 6, 2019, 9:26 am
  #671  
 
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Originally Posted by Xyzzy
When I forked over my money I knew the airline could go bankrupt or change club locations. II knew they culd change amenities. I never in my wildest dreams imagined they would refuse my entry to the club.
Me, either!

Originally Posted by dilanesp
The 2nd one is pretty important because it ties in to the failure to challenge when UA pulled the gate passes.

UA will claim that if you entered a lounge after that, you accepted the new rule. Which, if upheld by a court, would force the plaintiff solely onto the ground of seeking to use the lounge while flying competitors, which is exactly what United wants any case to be about.

It further means if you are going to sue United, better do so before using any lounge post-11/1, because if you use it with a United ticket, you are accepting the new rule.
So, if somebody punches me in the gut, and I don't file assault charges...and then they punch me again in a more "sensitive" area and I decide to file assault charges...does this mean that I would lose the case because I didn't file the assault charges after the first punch?

United has figuratively punched their lifetime members. The first time (removing access without a same-day ticket) was the punch to the gut. But, it was relatively light and had no real material affect on my life. So I let it go and chalked it up to bad manners. The second punch really hurt, and will continue to hurt from time to time, and can no longer be dismissed as "bad manners."
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Old Nov 6, 2019, 9:50 am
  #672  
 
Join Date: Feb 2015
Programs: united
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Originally Posted by radonc1
Is that true if I sent an email objecting to the new rules before they were instituted ? And they responded with regrets?
Just like with a credit card, you also have to stop using it.

Originally Posted by jsloan
Generally, "gotcha" clauses aren't enforceable. I.find it hard to believe that any court would find that (a) United made an impermissible change in benefits and (b) by continuing to make use of the remaining benefits -- i.e., not restricting oneself even further -- the customer acquiesced. However, to answer your specific question, if a court did find this clause enforceable, then, yes, objecting in writing but then continuing to use the club would be an acceptance of the terms akin to changing your mind. So, I guess that the best course of action for any individual probably depends upon risk tolerance and faith in the court.

I'm not even sure that they'd be on solid ground terminating a lifetime lounge membership for MileagePlus malfeasance, unless that was specifically called out in advance -- and, for members whose memberships are older than the mileage programs, that seems unlikely.
That clause is not a "gotcha" clause. It's a standard term of many consumer agreements, most notably credit cards.

You need to actually go to court before you use the lounge again, or you are probably SOL.

Originally Posted by SS255
Me, either!



So, if somebody punches me in the gut, and I don't file assault charges...and then they punch me again in a more "sensitive" area and I decide to file assault charges...does this mean that I would lose the case because I didn't file the assault charges after the first punch?

United has figuratively punched their lifetime members. The first time (removing access without a same-day ticket) was the punch to the gut. But, it was relatively light and had no real material affect on my life. So I let it go and chalked it up to bad manners. The second punch really hurt, and will continue to hurt from time to time, and can no longer be dismissed as "bad manners."
Battery is a tort. We are talking about contract liability. Two very different things.

At any rate, the major import of not objecting to the elimination of gate passes is that it forces the plaintiff to talk about flying competitors rather than what some want to talk about, using the lounge while not flying. It shifts the ground. There's nothing analogous to that wrt battery.

Last edited by WineCountryUA; Nov 6, 2019 at 1:13 pm Reason: merged consecutive posts by same member
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Old Nov 6, 2019, 10:13 am
  #673  
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Originally Posted by dilanesp
That clause is not a "gotcha" clause. It's a standard term of many consumer agreements, most notably credit cards.

You need to actually go to court before you use the lounge again, or you are probably SOL.
In this particular case, my opinion is that any court that is going to find in favor for the plaintiff regarding access in the first place is going to find that this clause is unconscionable with regard to this particular provision. You can't say "we're restricting your access, and if you don't like it, you can't come in at all." It doesn't pass the sniff test.

That's not to say that I think a lawsuit will likely be successful, but if it is, I don't think UA will be able to point to this clause to exclude anyone.
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Old Nov 6, 2019, 10:20 am
  #674  
 
Join Date: Feb 2006
Location: Verdi, NV, SFO & Olympic (aka Squaw )Valley.
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Posts: 3,823
Should we have something like a wiki or Google Spreadsheet to document the when/where/how/who gets denied access? If this looks like it will go down the legal path, my life experience is that proper documentation is a prerequisite for damages.

If a day pass sells for $59, it could be argued that every denial creates $59 of damages.
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Old Nov 6, 2019, 10:30 am
  #675  
 
Join Date: Feb 2004
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Posts: 4,671
Originally Posted by worldwidedreamer
Should we have something like a wiki or Google Spreadsheet to document the when/where/how/who gets denied access? If this looks like it will go down the legal path, my life experience is that proper documentation is a prerequisite for damages.

If a day pass sells for $59, it could be argued that every denial creates $59 of damages.
Sure. And that's $59/guest as well, so document that.
ctownflyer is offline  


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