I wasn’t the only one who took advantage of the incredible SWISS First Class award space made briefly available last fall. Hundreds did, including many other bloggers.
Robert from Milenomics shares of his settlement reached with Aeroplan. He had booked four SWISS first class tickets from Boston to Munich via Zurich for travel this July. Like almost everyone else, his reservation was cancelled without notice.
Like many, he also “stood his ground” and pressed Aeroplan to reinstate the cancelled reservation. Aeroplan refused. He has let the reservation sit for the last several months.
Recently, business class award space on Lufthansa opened on his preferred dates: a nonstop flight. Small problem: taxes/fees on the SWISS ticket were $22 while they were over $2000 for the for Lufthansa tickets.
Robert called Aeroplan and after some time on hold, an agent agreed to waive all fuel surcharges and refund the difference in miles (55K for business class vs. 70K for first class, so 15K per ticket) provided that he agree that any further changes would trigger a full re-fare. The change fee was also waived.
This is consistent with how Aeroplan has been handling other cases (at least those who push back).
Defeat or Victory?
I congratulate Robert on securing the four Lufthansa business class seats for his family. Not only will he get to fly nonstop (that means so much when traveling with kids), but he avoided huge fees he would have otherwise had to pay.
He stated–
I got the feeling all along that SWISS really did mistakenly release this space. And Aeroplan (and other programs) allowed people to book that space. When SWISS decided their exposure was more than they were comfortable “eating” they decided to cancel the tickets, leaving Aeroplan in a bind.
Sources have led me to a different conclusion, or at least a different perspective.
What if months before this latest “incident” occurred, SWISS had warned Aeroplan that it would not honor any first class space it issued and Aeroplan failed to take reasonable steps (it now has) to block it from its system? In other words, if SWISS released space once again, it would not show up on Aeroplan. What if this issue has less do with an “error” in SWISS releasing space and more an “error” in Aeroplan allowing it to be booked?
Remember, all SWISS First Class awards issued on United were honored. Why was Aeroplan singled out? I’ve been led to believe that Aeroplan/Air Canada and SWISS had a specific agreement in place not to issue first class awards. Thus, the blame falls on Aeroplan…not necessarily on SWISS and certainly not on consumers.
What About My Case?
Unfortunately, Robert’s solution was unworkable for me. Maybe if I was in Munich or Frankfurt and had to get to Los Angeles it would have, but flying nonstop from Zurich was essential in my case with a baby and furniture. In any case, the space never opened so I did not have any other options to consider.
As for an update on my case — I can only say I have not signed any non-disclose agreement nor have I reached an agreement yet with Aeroplan. It remains my hope to avoid a lawsuit, but I will follow through on that promise if negotiations ultimately reach an impenetrable stalemate.
> Read More: SWISS 777-300ER First Class Zurich to Los Angeles Review
I don’t believe he was the first to have this offered, there were a number of people on Flyertalk that took advantage of this over a month ago. Lufthansa with no surcharges, mostly in F.
Thanks for the update, I thought you signed NDA and will never hear any update. What ever you do do not sign NDA and keep us updated.
That’s not a settlement. Misleading article.
Rubbish. Of course that is a settlement.
Ryan, how tf is that not a settlement?
Settlement refers to a legal proceeding. Click bait
Only in its narrowest definition.
It’s a clickbait. At least admit it.
When an airline re-accomodates me without fees. that is NOT A SETTLEMENT. When I clicked the article I was led to believe Swiss has settled the issue .. which would mean there would be widespread compensation to those who lost their first class reservation or travelled in a lower class of service. You took a BIG issue and made a one off example of some guy getting some fuel surcharges waived and called it a settlement. Either way who deserves anything anyway considering everyone who booked it knew it was a mistake and was not allowed.
Ryan, I think rather Matthew may have miscalculated the general public’s conception of the term “settlement,” which may not be the same as how lawyers understand that term. Black’s Law Dictionary (a good general guide, though each jurisdiction may have its own specific definition of a given term) says that in the context of contract law, a settlement is an “Adjustment or liquidation of mutual accounts ; the act by which parties who have been dealing together arrange their accounts and strike a balance. Also full and final payment or discharge of an account.”
Clearly Robert and Aeroplan had been dealing together and struck a balance. A dispute arose; Aeroplan proposed to accommodate Robert with additional terms and conditions, and Robert accepted Aeroplan’s proposed resolution of the dispute. That is most certainly a settlement. However, it is not what the media usually reports on, which are large cash payments. You also seem to be bringing in the concept of a class action settlement where the claims of many people are resolved all at once, which is really the exception rather than the rule. Most claims that are settled are settled like this – between two parties. They just don’t generate headlines.
Rather than clickbait, this seems like an educational opportunity.
Thank you Harland! I’m guilty of clickbait at times, but that was not the intention of this headline.
Listen – I’ll be the first to admit that I’m vicariously happy you took such a hard stance against AC/LX/AP, but as a commercial litigator for an AM Law 50 firm, the fact that you’ve threatened to sue for months, without actually making good on the threat, makes you look weak and impotent.
…and each day that posture continues, the optics only get worse for you and better for them.
Rule #1 in litigation and rearing children: Mean what you say and say what you mean. Hollow threats not only do not move the ball forward, but actually do a disservice to your stated goal, whatever that may be.
I don’t know if you censor comments you don’t like, but I’d be interested in hearing your response, if you allow this comment through.
@LLP: Appreciate your comments, but if the dialogue is ongoing, is it really wise to brashly file suit, especially when I am trying to structure an arrangement that I can share with all of you (i.e. no NDA)?
If negotiations break down and Aeroplan tells me to unambiguously go pound sound, then I know it is time. But do you recommend I file suit while discussions are in progress?
I understand if you’re ultimately compelled to sign an NDA regarding the terms of the settlement. However, at least secure permission to advise your readers that you settled the matter to the mutual satisfaction of all parties.
Bravo, Matt. I think LLP (and Jon) missed the forest for a tree.
Jealous much.
Aeroplan rebooked me on LH F without fuel surcharges or booking fees.
Aeroplan re-booked me on the same exact Swiss flights I booked in F, but switched me to J. Miles-difference refunded, no change fees, no extra surcharges.
Swiss (in my case at least) didn’t even have the J award seats available at the time; they opened them up specifically to resolve the issue.
This always seemed like the cleanest solution for everybody involved; I’m amazed it’s not the go-to. And, by the way, LX J > LH J.
Same here. Though I’m still thinking of trying to upgrade to LH F closer to the departure. Wonder if I stand a chance.
I just don’t see how you can blame AP for the release of space. Especially without any evidence (and I don’t consider the UA vs AP response dispositive). LX operated the flight in question and controlled the release of award seats. They should have known better. Of course, legally you would need to sue AP (and they could, in turn, sue LX) but I believe that LX is ultimately responsible for this mess.
Lawyer here too. Totally agree with this comment: “and each day that posture continues, the optics only get worse for you and better for them”
Oh for the love of god. Who cares about what it’s called. Settlement, no settlement… Y’all need to chill. It was a good article and it’s good to know that Aeroplan is working on something. Seriously, it is as if the 45 seconds of your life you took reading this while you were on the toilet were being best spent elsewhere.
Admit it, the AP&LX won’t pay you back anything. The only way is to sue them. If it’s too expensive in the U.S. then sue in Switzerland or against LH G in Germany. German law is pretty straight forward and VERY cheap in comparison to U.S. law. I get all my legal claims through within 30 days in court and never had to pay a single dime cause the losing party has to pay for all legal costs on both sides.
Even if you do lose, court fees are only roughly up to 200€, a lawyers cost is based on the amount sueing and is capped then, so if one would lose a EU261 600€ claim in German court, then the lawyer cost would be 167.13€ no matter how long the process took.
I can confirm I was able to reach this same settlement with Aeroplan as well.
They rebooked me in LH F (even on different days than my original travel) and waived the YQ for both outbound and return (savings of about $800 for me). On the outbound waiving the YQ was no issue at all. When rebooking the return they resisted quite a bit but I just kept repeating that they broke the contract of carriage and need to make it right. After a while they caved in. They know they messed up and if you are polite but resolute they absolutely have the power to waive the YQ.
I am now done with Aeroplan and quite happy about that.