British Airways seems to have sent out an email today announcing 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.
Members in US and Canada only seem to be targeted in this email blitz. What they are saying to us in essence is:
– If you have a dispute – Try to resolve with BA directly – and not through a court or a class action.
– You will be asked to accept (read as “forced”) these changes the next time you book on ba.com.
If you look at the T&C’s, here is what you see:
Effective from 28 May 2020
What’s changed?
We have amended the Terms and Conditions to include sections 33, which contains a Class Action Waiver (defined below) for residents of the United States and Canada and 34, which contains a dispute resolution and arbitration agreement for residents of the United States and Canada. These are important sections, which explain how a Dispute (defined below) arising from the Terms and Conditions will be handled for residents of the United States and Canada and confine such Disputes to arbitration on an individual basis only. Please read these sections carefully.
So what does that mean for us?
Well, in a number of provinces in Canada, these provisions are invalid.
As an example, you can review the provisions for Ontario here:
https://www.ontario.ca/laws/statute/02c30#BK9
See 7(2) and 8(1)
While this applies to BA Executive Club membership only and not all commercial fares, it is wrong as they are appearing to say you cannot go to court.
So, atleast in Ontario, it carries no weight and you can still go the route of filing a case in Small Claims Court or being a part of Class Action Lawsuit.
I haven’t looked at all the other provinces in detail, but it would most likely apply to British Columbia, NovaScotia and Quebec too that I had a quick peek at.
You can validate it in the links below:
British Columbia:
https://www.theglobeandmail.com/globe-investor/contracts-cant-stop-class-actions-in-bc-top-court-says/article574462/
Nova Scotia:
https://nslegislature.ca/sites/default/files/legc/statutes/smallclm.htm
Nice move BA to alienate your loyal passengers. #Notimpressed
Written by Dominic Fernandes aka CanadaPointsGuy.
Image Photo by Tingey Injury Law Firm on Unsplash