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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  Licensed to Practice Law
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Hello, I have recently encountered a situation with an airline

Customer Question

Hello, I have recently encountered a situation with an airline that is threatening to terminate my loyalty account, stripping me of my top tier status and deleting all of my accrued mileage unless I pay them a large sum of money to cover the seats that I allegedly prevented them from selling. A good portion of these miles were purchased under their mileage purchase program as well as earned. The airline claims that I was participating in creating fictitious reservations to obtain an upgraded seat however this is not the case. My family, friends and co-workers are aware of the issue and are willing to testify. Do I have a case to fight this and/or if they do terminate my account do I have the right to receive a refund for the miles that I purchased and were unable to use? How can I fight this if it is a matter of my word against their word? Can I take legal action?

Thanks in advance for everyone’s time.
Submitted: 11 months ago.
Category: Legal
Expert:  TJ, Esq. replied 11 months ago.
Hello and thank you for allowing me the opportunity to assist you.

The answers to your questions depend on two factors: (1) whether the terms of the program allow the airline to terminate your account if you did participate in creating fictitious reservations, and if so, (2) whether the airline has convincing evidence that you in fact participated in creating fictitious accounts.

Can you provide some more details that respond to the above two factors?

Thank you.
Customer: replied 11 months ago.


VAMD, thank you for the quick response. It is indeed in the airlines "Condition of Carriage" that creating fictitious reservations is not permitted. The answer to your second question is the subjective part.


 


My family and I were trying to make last minute plans on a flight that I was already booked on. The airline reservation agents suggested that should continue to put the tickets on hold on a daily basis via a feature publicly permitted on the airline website to hold availability on those flights until family and friends could confirm plans.


 


The information they have is in their favor but the reservations were indeed legitimate and not fictitious.

Customer: replied 11 months ago.

*duplicate*

Expert:  TJ, Esq. replied 11 months ago.
Hi again.

If I were you, I would write a letter to the airline and explain the situation. I would include the names of the family and friends who were waiting to confirm their plans, along with notarized statement to that effect, and also include the names of the airlines agents (if known) who advised you to put the tickets on hold. I am assuming that you've already attempted to reach out to those agents, but if not, I would do so immediately.

If the airline terminates your account anyway, then you could sue (though please note that I'm assuming that the terms of the program do not allow the airline to cancel for any reason ... if so, then you would not have recourse). In the lawsuit, you'd need to present evidence that the termination was incorrect because there were no fictitious reservations. That would require testimony from the family and friends, as well as your own testimony regarding what you were told by the agent. You'd also want to make it clear that you earned your status in the program with continued business and that you had a legal right to your status because of it.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!

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