Update: Losing Your Membership in the Frequent Flier Club

Written By Unknown on Rabu, 11 Desember 2013 | 17.35

Jonathan Ernst/Reuters

Rabbi S. Binyomin Ginsberg listens as his attorney talks to reporters about his case.

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On Dec. 3, the Supreme Court considered the case of Rabbi S. Binyomin Ginsberg, who contends that in 2008 Northwest Airlines unfairly revoked his Platinum Elite membership in an effort to dump accounts before its merger with Delta Air Lines. Northwest claims that Rabbi Ginsberg was abusing the airline's rules and regulations and that it had the right to terminate his account according to the terms of his frequent flier contract. The justices will determine if the case falls under the Airline Deregulation Act of 1978, which limits the kinds of lawsuits that can be filed by travelers. A decision is expected next year.

"Most people shouldn't be scared of losing their points," said Brian Kelly, whose website, thepointsguy.com, offers advice on how to make the most of airline and credit card loyalty programs. Most people lose their accounts to inactivity and expiration, he said, adding that travelers would have to do something pretty underhanded, and repeatedly, to have their membership revoked.

In general, most frequent flier contracts state that the airline retains the right to terminate membership at any time if misuse or violation has occurred, an account has been inactive for a specified period of time, a member does not respond to communications or if a member has died. But travelers should pay attention to the fine print. According to Southwest's terms, even the suspicion of fraudulence could result in the cancellation of an account. And phrases like "sole discretion," "for any reason" and "without notice or liability," all of which are included in JetBlue's True Blue rules, appear to give travelers even less wiggle room should their actions come under scrutiny.

So what constitutes a misuse or a violation? Bartering or selling points or miles is the biggest offense, Mr. Kelly said, and is the only violation most contracts specifically define.

American Airlines' AAdvantage gets into the particulars: "At no time may AAdvantage mileage credit or award tickets be purchased, sold or bartered (including but not limited to transferring, gifting, or promising mileage credit or award tickets in exchange for support of a certain business, product, or charity and/or participation in an auction, sweepstakes, raffle, or contest)."

"Airlines generally will warn people," Mr. Kelly said. "So, if you start booking tons of frequent flier mile tickets for people in other states that appear to have no relation to you, there's a good chance that at a certain point in time they may audit you," he said.

Third-party brokers are a big business and one that is not illegal by law, Mr. Kelly said. But using them violates the terms of frequent flier programs — and consequences can apply to both the buyer and the seller.

American's AAdvantage also holds members accountable for any damages and litigation costs incurred during an investigation.

Mr. Kelly said that throwaway ticketing is another violation; that practice entails a flier's purchasing a ticket with a stopover at the intended destination, which can often be cheaper than a direct flight, and canceling the rest of the flight after arriving at that destination.

To get priority lounge access, some fliers will book refundable first-class or business-class tickets, and then cancel them once they're in the lounge.

"That's fraud no matter how you slice it," Mr. Kelly said.

Mr. Kelly said that while it is difficult to be dropped from a program, "the airlines are businesses. If you mess with them, you can expect them to retaliate."


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