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British Airways can now kick you out of the Executive Club if you criticise it online

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British Airways made an interesting change to the terms and conditions of British Airways Executive Club on Friday.

You can see the full T&Cs here.

The changes are around the definition of ‘misconduct’. This is what the rules now say:

British Airways Executive Club status cards

“Misconduct”

includes:

  • failure to comply with these Terms and Conditions or the terms and conditions of a Service or Airline Partner; or
  • attempting to obtain Tier Points or Avios points by Fraud; or
  • misusing the Services; or
  • misconduct on board a British Airways or Airline Partner’s flight or in a Lounge or while checking-in; or
  • any misconduct including but not limited to the use of false, threatening, abusive or derogatory language or behaving in a threatening, abusive or derogatory manner in dealing with or directed at British Airways’ staff or the staff of any Service Partner; or
  • any conduct, including but not limited to making misleading statements, which causes, is intended to cause or is likely to cause a detrimental effect or reflects unfavourably on the reputation of British Airways or any aspect of its business, brands, products or services; or
  • failure to comply with the applicable conditions of carriage and any other applicable rules and regulations.
British Airways Executive Club misconduct

What has changed here?

The two paragraphs in bold are the ones which were added last Friday.

The first one is self explanatory and I would hope that no-one would have an issue with it. Anyone who mistreats British Airways staff or contractors is likely to be banned from travelling with the airline, and having their Executive Club account closed is likely to be the least of their problems.

The second one is more interesting:

“any conduct, including but not limited to making misleading statements, which causes, is intended to cause or is likely to cause a detrimental effect or reflects unfavourably on the reputation of British Airways or any aspect of its business, brands, products or services”

Whilst the exact wording has been left suitably vague, this appears to be a catch-all phrase to protect British Airways against customers who make derogatory claims about the airline on social media.

To be fair to BA, the word ‘misleading’ is used. However, this is ‘including but not limited to’ misleading statements. In theory, BA can expel you from the Executive Club even if your claim is true if it makes the airline look bad.

Realistically, I would hope that this won’t happen. I very much doubt that BA is planning to come after people who post critical comments about the airline online if those comments are true.

It does, however, give the airline some power against people who post a one-sided story online without mentioning any mitigating factors or attempts by the airline to provide recompense. It clearly gives them some power if the story is untrue.

To be fair to British Airways …..

This change may have been triggered by the recent cabin crew dispute.

BA received some criticism online for removing staff travel privileges from an ex-employee during the dispute.

The story put around was that this person had been posting criticism of the airline online.

I saw some of these posts. They were, frankly, obnoxious, and included posts comparing BA management to Nazi war criminals. The person involved got off lightly if their only punishment was the removal of staff travel privileges.

I also know myself, from looking into occasional cases on behalf of readers who claim to be have been wronged by the airline, that there is often some key fact that the reader has ‘forgotten’ to share. Experience teaches you that, unfortunately, you should always treat online criticism with a pinch of salt.

No Executive Club member should be concerned that British Airways is trying to stifle genuine criticism. I doubt my account would survive a month if that were true!

You should, however, think twice about posting anything online which would not stand up to scrutiny – although I hope that would always be the case anyway.


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Comments (95)

This article is closed to new posts. Discussion continues in the HfP Forums.

  • pacman says:

    The conclusion is to always slag off anonymously.

  • David D says:

    How long before this is challenged in the courts by someone who uses freedom of speech as a defence? If I remember rightly, another company pulled similar terms due to the first instance being challenged successfully.

    • Anna says:

      Freedom of Expression isn’t an issue here. BA isn’t saying you can’t criticise them, it’s just saying this may lead to your account being closed. But it will be interesting to see what they class as grounds to do this. As Rob says, hopefully it will be limited to defamatory or false statements.

      • David D says:

        Criticise and we close your account. That is a form of limiting expression. Granted I don’t work in law, but anyone who reads it outside of a background in law would consider not complaining in case they have their account closed. Therefore, this could limit rightful complaints on service issues due to the fear of reprisals.

        • Anna says:

          As a private entity, BA has no obligations to protect or promote freedom of expression. People are surprisingly misinformed about human rights legislation, given how quick they often are to complain that they are being stifled!

          • David D says:

            Therefore in very crude terms, if BA were chastised for poor service and closed an account, it would be the equivalent of them picking up the ball and going home. Which sounds about right if a company wants to reduce levels of service from the expectations.

          • Alex Sm says:

            They are also free to deny you their services

  • Luckyjim says:

    Slow news day?

  • vol says:

    If anything, it should only apply to BA staff and even that is shaky ground – if someone thinks the British Airways Executive Club is crap, they may have just cause and those are their views on the matter – they should be allowed to voice them.

    How do they plan to police it? And what if the person sounding off doesn’t have a BAEC account to cancel – what then?

    • John says:

      If you think BAEC is crap, then you won’t care if your account is closed. I suppose you would have a case to be refunded any avios directly purchased though.

      If you have no BAEC account, then nothing, or if serious enough they’ll sue you for defamation.

    • ChrisC says:

      BA have had their own rules for staff conduct on social media for a long time and have dismissed staff for social media postings (as have VS and no doubt lots of other airlines) that are demonstrably false and not just an opinion.

      And there is no problem in posting your opinions. The issue is posting false or misleading information

  • mr_jetlag says:

    Rob how does this affect HFP’s editorial stance when it comes to BA? I hope it doesn’t, I do enjoy your dry take on the world’s favourite airline.

  • Daniel Evans says:

    I hope BA don’t consider this article misleading.

    • JohnG says:

      Worryingly whether it’s misleading or not doesn’t matter. “ conduct, including but not limited to making misleading statements, which causes, is intended to cause or is likely to cause a detrimental effect or reflects unfavourably on the reputation of British Airways”. Pointing out egregious new terms could clearly be covered by this.

  • Mr(s) Entitled says:

    Do they still call themselves the world’s favourite airline?

  • mradey says:

    Not sure how BA would know which account to cancel, unless the poster was dim enough to include the details in their post.

    • Ben says:

      Easy, they would just check back a few posts until they find one in which the poster gave their flight details (a lot of people do this, on Facebook and on Flyertalk) and then they have them. Also anyone who has ever reached out to BA via a company rep on Flyertalk to sort out an account issue or refund will be known to them already.

      • ChrisC says:

        Apparently AA managed to connect a flyer talk handle to an actual person based on the info the person had posted about their supposedly awful flight on AA which turned out to be a slight exageration.

        Account closed. Person claimed their 1st Amendment rights which don’t apply to private organisations (which a lot of Americans fail to understand).

        Fair criticism yes but lies and abuse is a no no.

        • Gerald says:

          Happened to an ex-colleague of mine at Amadeus: posted some anonymous comments on FT to help out stranded customers and rightly complained about a horrendous flight on a north african airline. Got suspended for 3 months and the process got so badly handled (his words were slightly different but not PC enough to be repeated here ) that he resigned within an hour of being allowed back in the office.

This article is closed to new posts. Discussion continues in the HfP Forums.