British Airways Executive Club

May 2018: A federal judge preliminarily approved a settlement agreement that would resolve this case. According to the settlement terms, British Airways agreed to automatically place Avios (the frequent flyer miles members redeem for an award ticket to travel) into the accounts of class members who are still active members of the frequent flier program unless they choose to receive a cash refund. The number of Avios placed into their accounts depends on the number of times they redeemed Avios for an award ticket. The airline agreed to provide cash refunds to active members of the frequent flier program who choose to receive a cash refund and former members of the frequent flier program who file a claim form. The amount of each refund will be 16.9 percent of the total fuel surcharge they paid for all the award tickets they purchased. A final fairness hearing is scheduled for July 27, 2018. For more information, go to http://www.fuelsurchargeclassaction.com/.

2012: A class-action lawsuit was filed against British Airways for allegedly making false promises to the members of its frequent flier program Executive Club. The complaint (which was later amended in 2015) alleges that the airline represents that its Executive Club members earn rewards and may redeem their rewards to travel for “free” when, according to the plaintiffs, the Executive Club’s Terms and Conditions say that members who use their rewards to travel for “free” must still pay incidental fees, taxes, and charges. According to the complaint, one of the fees (the fuel surcharge) is sometimes more than the amount allowed by the terms and conditions, is not based on the cost of fuel, and is charge the airline uses to increase its revenue. (Dover et al v. British Airways, PLC (UK), Case No. 12-cv-5567, E. D. NY.)

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