Effective from 12 November 2021
Effective from 25 September 2020
Effective from 28 May 2020
Executive Club Terms and Conditions
The Executive Club Terms and Conditions (“Terms and Conditions”) set out below are important and affect your rights as a Member of the Executive Club. The Terms and Conditions also incorporate the Conditions of Use and the General Conditions of Carriage for Passengers and Baggage (“Conditions of Carriage”)
You must read both these Terms and Conditions and ba.com carefully before first quoting your Membership number to British Airways or an Airline Partner or Service Partner. If you have any questions, telephone your local Service Centre.
The Terms and Conditions contain some exclusions and limitations of liability.
These Terms and Conditions set out the contractual relationship among British Airways, AGL and each individual Member of the Executive Club.
AGL is a BA Group Company and its role in this contract relates primarily to the awarding of Avios points, the redemption of Avios points and to clarify that title in Avios points is held by AGL in accordance with Clauses 14.1, 15.1 and 21.1. As a result, AGL will also receive, store and otherwise process and hold Members’ Data in connection with administering aspects of the Executive Club as set out in these Terms and Conditions. In this respect, it is a Data Controller under the Data Protection Act 1998, along with British Airways. Please note that although AGL and British Airways are each a Data Controller in respect of Members’ Data, they are independent Data Controllers, each with their own responsibilities for separate aspects of the data processing involved in administering the Executive Club.
An active Member is a Member who has earned or redeemed Avios points within the previous 12 month period;
means Avios Group (AGL) Limited;
means airlines (other than British Airways) whose flights may, from time to time, be eligible for Tier Points, Avios points or Rewards; for more information on who our partners are please visit ba.com
means the credits denominated as Avios or Avios points earned by a Member from AGL and credited to a Member's Executive Club account;
“Avios Schemes”(the “Programmes”)
Avios Programme means a loyalty reward programme that uses Avios as its reward currency
“Avios and Money”
means the option presented to Members at checkout (where available) to reduce the number of Avios required for the chosen Rewards flight by payment of an additional cash amount;
"BA" or "British Airways"
means British Airways Plc;
"BA Group Company/Companies"
means any entity which is a parent, subsidiary, franchisee or affiliate of BA;
means flights operated by any franchise BA may use from time to time and any BA, American Airlines Inc ("AA") and/or Iberia ("IB") flight or a combination of any or all of these airlines;
means the British Airways website at internet address www.ba.com (including, but not limited to, the Executive Club pages), as amended from time to time;
means, where issued, a physical or digital Gold, Silver, Bronze or Blue Executive Club Membership card, as the case may be;
"Conditions of Use"
means the Conditions of Use relating to certain Executive Club propositions as amended from time to time;
means data personal to a Member;
means any dispute, claim, or controversy between you and British Airways regarding any aspect of your relationship with British Airways, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms and Conditions, except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include: (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
"Event Beyond Your Control"
means unusual and unforeseeable circumstances which you cannot control and the consequences of which you could not have avoided even if you had taken all reasonable care;
means the British Airways Executive Club;
“Family and Friends List”
means the list of up to five nominated individuals which Household Account members can redeem Avios on behalf of;
includes fraud, dishonesty and deceit and in particular:
means the account established by British Airways which enables up to seven members of a household, including a maximum of six persons under 18 years of age, to earn Avios points and redeem all or part of such Avios points for Rewards for any one person in the Household Account and for no other individual;
means the first named adult on any booking;
means the Membership status obtained by the Member who earns the required number of Lifetime Tier Points as stated on Ba.com and that Member will retain such status for the duration of the Membership;
"Lifetime Tier Points"
means the number of Tier Points collected across the duration of the Executive Club Membership;
"Local Service Centre"
means a Member’s British Airways’ point of contact based on the Member’s country of residence and is available on Ba.com;
means losses, costs, damages, injuries, accidents or claims (whether direct or indirect) suffered by Members in connection with the provision of Services or Rewards;
means an airport lounge provided for certain Members;
means Service Partners, franchisees, subsidiaries of British Airways, oneworld member airlines or any company selected by British Airways or AGL to offer services, products or facilities to Members;
means the person who is a member of the Executive Club and whose name is shown on the Card;
means membership of the Executive Club;
means the membership number allocated in accordance with Clause 3.5. of the Executive Club Terms and Conditions;
means any Rewards comprising, in whole or in part, goods or services other than flights supplied by or on behalf of British Airways upon redemption by a Member of an appropriate amount of the Member's Avios points;
means the British Airways programme under which companies can earn rewards for employee travel;
means any flight run by one of BA’s Airline Partners;
"Processing" and "Processed"
includes obtaining, using, recording and holding in electronic or any other form;
means any flight ticket issued by, or other goods or services supplied by, or on behalf of British Airways upon redemption by a Member of an appropriate amount of Avios points;
means a single eligible flight sector between two destinations;
means partners (including Airline Partners) and companies such as financial and insurance institutions, hotels and car hire companies who provide Services to Members by reason of their Membership;
means the benefits, services, Rewards and facilities from time to time available to Members whether provided by British Airways or Service Partners;
means Executive Club Tier Points earned by Members from British Airways for the purpose of progressing towards Bronze, Silver or Gold Tier Status. Tier Points are separate from Avios points and are awarded according to the conditions specified on Ba.com;
Means a Member’s status within the Executive Club. A Member can earn Bronze, Silver or Gold Tier Status;
"Tier Point Collection Year"
means the 12 month period starting from the 8th day of the calendar month in which a Member takes their first flight as a Member of the Executive Club or, if the Member joins after such date, the 8th day of the following calendar month, and every consecutive 12 month period thereafter;
“Transfer Application Form”
means the form available on Ba.com which should be completed in order to Transfer Avios;
means the ability to move Avios from one Member to another subject to the Conditions of Use.
3.1. Individuals who are 18 years of age or over may apply for Membership.
3.1.1. British Airways reserves the right not to enrol individuals with resident addresses in certain countries and/or regions. Such countries and/or regions are subject to change however reasonable advance notice will be given in circumstances where the removal of a country and/or region will affect the Membership of existing Members. Up to date information on countries and/or regions which are not open to Membership is available online at Ba.com.
3.2. Membership is not open to companies, partnerships, unincorporated associations or similar entities.
3.3. To apply for Membership an individual must apply online at Ba.com. Membership applications must state the applicant's full name and preferred mailing address for correspondence. The residence address determines the applicability of any local rules or restrictions relating to the Services and eligibility for local promotions or the Services. Members cannot state more than one residence address.
3.4. Membership is offered at the discretion of British Airways and British Airways may refuse Membership to any applicant.
3.5. Applicants accepted as Members will be given a Membership Number and may be provided with a Card. A Member may not have multiple Memberships. Each Member must maintain only one account. If a Member violates this rule, all Memberships (other than the first Membership approved by British Airways) will be cancelled, as will any Avios points contained in the cancelled accounts.
3.6. Applicants will be admitted to Membership on the date they activate their account. An applicant can activate their Membership in any of the following ways: (a) joining via Ba.com; (b) signing the Card; or (c) quoting their Membership number to either British Airways or a Service Partner. By activating their Membership, Members agree to be bound by the Terms and Conditions (as amended from time to time) and the information on Ba.com.
3.7. Each Member must give British Airways immediate written notice of any changes of name or preferred mailing address and, if requested by British Airways, written proof of any such changes. These changes can also be made online by visiting Ba.com.
3.8. Members cannot transfer Membership registration between countries in which the Executive Club operates more than once in every six months.
3.9. Correspondence will be sent to the Member's last preferred mailing address and/or the e-mail address provided on the application or in accordance with Clause 3.7. British Airways and AGL reserve the right to provide information, including changes to the Executive Club, only to Active Members.
3.10. Neither British Airways nor AGL will be responsible for late, lost or misdirected mail.
3.11. Members can contact British Airways or AGL by contacting his or her Local Service Centre.
3.12. Membership will terminate automatically:
3.12.1. In the event of the expiry of all Avios points in accordance with clause 14.4, when a Member has not earned or redeemed Avios points or purchased or transferred Avios points in accordance with the Conditions of Use for 36 consecutive months; or
3.12.2. Upon the death of a Member. Any Avios points, Tier Points and Lifetime Tier Points accumulated by that Member but unused at the time of death shall be cancelled.
3.13. A Member may nominate another individual to act on their behalf in relation to their Membership. Nominations must be made in accordance with the relevant procedure, details of which are available from the Member's Local Service Centre. A nominated individual will be able to check Avios points and Tier Points, track flights, change meal or seat preferences and make redemption bookings. The Member is responsible for the actions of the nominated individual. The Member is responsible for ensuring any nomination is updated as necessary.
3.14. The Executive Club is not a members' or proprietors' club.
4.1. The Data which is Processed by British Airways and/or AGL in connection with Members may include:
4.1.1. Membership Data (such as Avios points accumulated or redeemed) and Data concerning membership of other frequent flyer programmes;
4.1.2. Data about travel booked or undertaken by the Member including Data identifying any company or organisation booking travel for the Member;
4.1.3. Data supplied by the Member;
4.1.4. Data collected when the Member is provided with Services; and
4.1.5. Data collected when the Member is otherwise in contact with British Airways, AGL or a Service Partner (such as Data about use of Ba.com).
4.2. The sources of the Data Processed by British Airways in connection with Members may include BA Group Companies (including AGL), Service Partners, Marketing Partners, purchasers of travel booked for or undertaken by the Member, travel agents, computer reservations systems, data processors, agents and contractors and other airlines. British Airways and/or AGL may link together Data obtained from a number of sources or combine Data with data held on other British Airways and BA Group Companies (including AGL) databases in order to differentiate between categories of Members and of members of other loyalty schemes for any of the purposes listed in 4.4 below.
4.3. Members consent to:
4..3.1. their Data being supplied to BA Group Companies (including AGL), Service Partners, Marketing Partners, other airlines, data processors, agents and contractors, and immigration and customs authorities;
4.3.2. their Data being transferred to other countries whether or not such countries have data protection laws; and
4.3.3. the processing of any sensitive data included in their Data (such as data revealing a medical condition or religious belief).
4.4. The purposes for which Data may be Processed by British Airways, AGL or by another recipient of Data under 4.3.1 include:
4.4.1. providing Services to Members;
4.4.2. making changes to Services and developing new Services;
4.4.3. providing customer service on British Airways flights and the flights of Airline Partners;
4.4.4. accounting and audit, safety and security, fraud prevention and investigation, and systems testing, development and maintenance;
4.4.5. the management and administration of the Executive Club and other loyalty schemes operated by BA Group Companies;
4.4.6. customer relations, service recovery and assisting British Airways and Service Partners in future dealings with Members;
4.4.7. credit checking and credit scoring where permitted;
4.4.8. immigration and customs control;
4.4.9. customer profiling and other marketing and market research analysis;
4.4.10. (by or on behalf of British Airways and/or AGL) communicating to Members information about Executive Club, including information about Executive Club benefits, using any contact details provided;
4.4.11. (by or on behalf of British Airways, AGL or Marketing Partners) communicating to Members about other products, services or facilities offered by British Airways, AGL Marketing Partners or other carefully selected companies, using any contact details provided;
4.4.12. conducting market research; and
4.4.13. any other purpose which is obvious or is communicated to the Member.
4.5. Consent to receive marketing and market research communications under 4.4.11 and 4.4.12 is requested at the time of enrolment and may also be given by the Member subsequently. Members agree that any consent previously provided to British Airways to process the Data in connection with the Executive Club, shall also be effective consent for such processing by AGL (including sending marketing and promotional communications).Where consent is given it may be withdrawn by the Member by writing to the Local Service Centre or by any other means for withdrawing consent that may be made available by British Airways.
4.6. Before any Data relating to a Member is disclosed to a Member by British Airways and/or AGL, the Member may be asked security questions which may require him/her to confirm his/her identity by providing information held by British Airways and/or AGL about that Member.
4.7. British Airways and/or AGL may disclose Data relating to a Member to a third person who has been nominated in writing by the Member in advance in accordance with Clause 3.13. Members are responsible for the security of their online logons and passwords and neither British Airways nor AGL shall have any liability in the event that a Member's logon and/or password is disclosed by the Member, whether intentionally or not, so as to allow a third person online access to the Data and/or to make any transactions. British Airways and AGL reserves the right to block online access to the Data by or through any third party website not authorised by British Airways or AGL.
5.1. A physical Card must be signed immediately on receipt and then will be valid until the expiry date shown on it.
5.2. Only the Member named on the Card may use it or quote the Membership number. Cards are not transferable in any circumstances.
5.3. Members will be eligible to access a digital Card via Ba.com or on the BA app on supported devices.
5.4. The Card is not a credit card. It remains the property of British Airways and must be returned upon request.
5.5. The Member should produce the Card or Membership Number at any time whilst travelling or otherwise utilising any Services at the request of British Airways or a Service Partner. Members should add their Membership Number to all bookings at time of booking, or prior to arriving at the airport.
6.1. Entitlement to a Gold, Silver, Bronze or Blue Membership Card depends on the applicable level of Tier Points, Lifetime Tier Points, Avios points earned or total number of eligible flights completed by Members. British Airways may, from time to time, change the number of Tier Points, Lifetime Tier Points, Avios points or eligible flights needed to qualify for each type of Membership Card but will inform Members in advance of any changes. Full details are set out on Ba.com.
6.2.Membership benefits such as seat selection, baggage allowance or lounge eligibility are valid until the expiry date of the current membership. Membership benefits previously applied to a booking may vary should your Tier status change before you travel.
6.3. Membership Card entitlement is based on the number of Tier Points earned or total number of eligible flights taken in a Tier Point Collection Year. Each Member's Card status will be reviewed at the end of each Tier Point Collection Year before the expiry date of the current Membership. Tier Points and eligible flights can only be counted once. At the end of each Tier Point Collection Year the Member's Tier Point or eligible flight level returns to zero. Members progress from Blue to Bronze, Bronze to Silver and from Silver to Gold. In order to achieve or retain Bronze status Members must ensure they take at least 2 flights marketed or operated by British Airways OR marketed and operated by Iberia during each Tier Point Collection Year, this is in addition to obtaining either the required number of Tier Points or completing the required number of eligible flights. In order to achieve or retain Silver or Gold status Members must ensure they take at least four flights marketed or operated by British Airways OR marketed and operated by Iberia during each Tier Point Collection Year, this is in addition to obtaining the required number of Tier Points.
6.4. Tier level may be reduced at British Airways' discretion depending on the Tier Points earned or total number of eligible flights taken in the previous Tier Point Collection Year. Tier Points earned or eligible flights completed prior to the beginning of the relevant Tier Point Collection Year will not be counted for this purpose.
6.5. Gold status may also be earned through accumulating the required number of Lifetime Tier Points. The status will be automatically renewed each year while the Member remains in the Executive Club.
7.1. Gold Executive Club Membership will be awarded for life to Members who earn the required number of Lifetime Tier Points as stated on Ba.com.
7.2. British Airways reserves the right to change or withdraw Lifetime Status for both new and existing Lifetime Status Members and will give at least 6 months’ notice of the change or withdrawal of this benefit. This will not affect a Member’s entitlement to use other services.
7.3. Tier Status, including Lifetime Status, may not be awarded to a Member if they are currently under audit, are subject to a flight ban or if British Airways determines that Tier Points have previously been earned in breach of the Terms and Conditions.
7.4. Lifetime Status is subject to the Terms and Conditions and is dependent on continued Membership. British Airways reserves the right to amend the criteria for gaining Lifetime Status or to withdraw the ability of Members to earn Lifetime Status and will give at least 6 months’ notice of the change or withdrawal of this benefit.
7.5. Lifetime Status is not transferable and can only be awarded to the Member who has earned the required number of Lifetime Tier Points or at British Airways’ discretion.
8.1. Tier Points can only be earned for travel on eligible Sectors at eligible fares on either British Airways flights or on eligible flights of certain Airline Partners and will be earned by a Member as set out on Ba.com.
8.2. British Airways reserves the right to alter the rules for earning Tier Points (for example, by altering eligible flights or fares or the number of Tier Points earned for specific Sectors). Members will be notified in advance of any changes. British Airways may, in its sole discretion and from time to time, offer additional schemes to specific groups of customer(s) to earn tier points with specifically nominated Partners.
8.3. Members must supply their full name and Membership Number when booking flights in order to obtain Tier Points.
8.4. The rules for earning Tier Points may be different from the rules for earning Avios points.
8.5. Tier Points (including Lifetime Tier Points) must be earned by the Member and are not transferable.
9.1. Lifetime Tier Points are the cumulative total Tier Points a Member has earned since joining the Executive Club.
9.2. In accordance with clause 14.10, existing Members can claim missing Tier Points on Ba.com for flights taken up to 6 months prior. New Members can claim missing Tier Points for BA flights up to 3 months prior to joining the Executive Club. These Tier Points will be added to the Lifetime Tier Point balance.
9.3. Members can access their Lifetime Tier Point balance by logging into their Executive Club account on Ba.com. Members who have queries about their Lifetime Tier Point balance should contact their Local Service Centre.
10.1. Lounges are available only to Silver and Gold Card holders and their guests as set out on Ba.com.
10.2. Members must produce their Card and/or a boarding card or ticket (where their Membership Number and Tier Status are clearly visible) before they can be admitted to a Lounge. If a Member is unable to produce either of these items, this may result in not being invited into the Lounge. Anyone under the age of 18 years must be accompanied by a responsible adult when using a Lounge. Local laws relating to the consumption of alcohol will apply.
10.3. Further provisions about the use of Lounges are set out on Ba.com and incorporated herein.
11.1. Some Services (such as certain Lounges) will be provided by British Airways and others (such as car hire) by Service Partners. British Airways will use reasonable endeavours to ensure the availability of Services provided by Service Partners but will not be liable for any Loss arising from failure by Service Partners to provide such Services except where such failure is caused by British Airways.
11.2. The provision of Services from Service Partners is conditional on Members stating their full name and Membership number when booking the Service and, where appropriate, producing their Card and providing additional information if required to do so by the Service Partner.
11.3. Where a Member uses Services which are not provided by British Airways, the Service Partner's terms and conditions relating to such Services will apply including those terms and conditions relating to bookings, ticketing, passports and all other matters, and British Airways will not be liable for any Loss.
11.4. British Airways reserves the right to discontinue relationships with Service Partners at any time and will give Members such notice of any discontinuance as is reasonably practical in the circumstances.
12.1. Only individual Members are eligible to earn Avios points and each Member must quote their name and Membership Number at the time of booking and when using British Airways, Airline Partners or Service Partners.
12.2. Members are not entitled to Avios points if the name given when booking does not match exactly the name on their Card, or if they have given incomplete information when booking.
12.3. Each Member has a responsibility to check that Avios points and Tier Points have been properly credited. This can be checked online at Ba.com.
13.1. Avios points can only be earned for travel on eligible Sectors in eligible booking classes on either British Airways flights or on eligible flights of Airline Partners. Details of currently applicable eligible booking classes on British Airways and Airline Partners are set out on Ba.com.
13.2. British Airways reserves the right to alter the criteria for earning Avios points, which may include:
13.2.1. the identity of the airline (that is, British Airways or any of the Airline Partners);
13.2.2. eligible Sectors;
13.2.3. eligible regions;
13.2.4. eligible cabin classes; and
13.2.5. eligible booking classes.
13.3. Agency discount tickets, industry discount tickets and airline employee discount tickets are not eligible either for Avios points or Tier Points. Travel taken on redemption tickets (including, but not limited to Rewards or On Business rewards) is not eligible to accrue further Avios points or Tier Points (this includes any cash payments made at the airport to upgrade the cabin class of redemption tickets). Tier Points are not relevant to the calculation of Avios points. Infant fares are not eligible for Avios points or Tier Points.
14.1. Avios points are earned by Members from AGL in return for activity with British Airways and Service Partners. The methods to earn those Avios points are set out in the remainder of this Clause 14.
14.2. Avios points will be earned according to the fare class of travel booked, paid for and ticketed, not the class of travel actually flown. The Member must, except as detailed below, actually travel on the Sector to qualify for Avios points and Tier Points.
14.3. Avios points can only be accumulated once per flight per Member, regardless of the number of seats purchased. Avios points will be credited only to the Member who has travelled on the flight on the relevant Sector and not to any third party.
14.4. If a Member has not earned or redeemed Avios points or purchased or transferred Avios points in accordance with the Conditions of Use for 36 consecutive months, all Avios points that have accrued to that date will expire.
14.5. Further details of how Avios points are earned are contained on Ba.com and incorporated herein.
14.6. Where a Member is involuntarily re-routed by British Airways onto another carrier, and the original flight on which the Member was booked would have qualified for Avios points, the Member may still claim such Avios points online at Ba.com. British Airways will endeavour to ensure the Member's account is credited with the appropriate Avios points however it may be necessary for details of the Member's itinerary, including the retained segment of the boarding pass and passenger receipts to be sent to the Member's Local Service Centre in order to claim any Avios points credit.
14.7. Avios points in relation to any flight will be tracked and credited to only one account.
14.8. Other than in relation to special promotions, British Airways does not permit the credit of Tier Points or Avios points where a Member is earning credits within another loyalty programme in respect of the same Services. If Tier Points or Avios points are credited in such a situation, they are subject to recapture.
14.9. British Airways will record Avios points in the Member's personal account. Avios points cannot be redeemed until British Airways has recorded them in the Member's personal account.
14.10. Avios points and Tier Points which are not tracked automatically at the time of travel may be credited later at British Airways' discretion. Members may claim Avios points and Tier Points after completion of their travel either online at Ba.com or, if required, by submitting the retained segment of the boarding pass and passenger receipts provided that the Member was enrolled in the Executive Club at the time of travel and the claim is lodged within 6 months of the date of travel or the occurrence of the transaction in question. A new Member may claim Avios points and Tier Points for eligible British Airways marketed flights taken up to 3 months prior to the commencement of their Membership.
14.11. In cases of dispute about entitlement to Avios points and Tier Points, British Airways may require proof of travel on the relevant Sector including the retained segment of the boarding pass and passenger receipts for the Sector claimed to have been flown. Claims must be lodged within 6 months of the date of travel.
14.12. Avios points for a Member's travel on British Airways can be calculated based on the cities where the Member's travel begins and ends. For travel on connecting flights, Avios points will be credited as the total of the separate Sectors of the trip, but on direct or through flights with one or more intermediate stops, Avios points will be credited for the ticketed point of origin to destination of travel. Details of how to calculate how many Avios points you will earn can be found on Ba.com and are incorporated herein.
14.13. When Members enter into a transaction with a Service Partner they may be entitled to receive benefits and earn Avios points provided they quote their Membership Number when entering into the transaction and, if required, produce their Card. In some cases a Member may be required to enrol in the loyalty programme of a Service Partner and convert the Service Partner's loyalty credits into Avios points at the Member's option. Where a Member must elect whether to earn Avios points or the Service Partner's loyalty credits the Member will not be permitted to re-elect at a later date.
14.14. Executive Club hotel Service Partners offer benefits to Members worldwide if a Member quotes his/her Membership Number when making a booking and, if required, produces their Card or Membership Number on check-in. A stay is defined as all consecutive nights at one hotel, whether or not the Member checks out and checks back in during the stay. The stay does not have to be in conjunction with a BA flight to be eligible for Avios points. Avios points will be earned on the basis of one room per Member, regardless of the number of rooms booked. Avios points for hotel rates are awarded on all eligible rates. Retrospective claims for Avios points must be lodged within 6 months of the date of the stay; new Members cannot claim for hotel stays that occurred prior to enrolment.
14.15. Car hire Service Partners offer Members service benefits and the ability to earn Avios points if the Member quotes his/her Membership Number when hiring a car (on eligible rates) and, if required, presents his/her Card or Membership Number when picking up the car. Retrospective claims for Avios points must be made within 6 months of the date of the hire; new Members cannot claim for car hires that occurred prior to enrolment.
14.16. Other Service Partners which offer service benefits and the ability to earn Avios points to Members are listed on Ba.com.
14.17. A Member must give his/her Membership Number to the reservations agent/travel agent each time a booking is made for travel on British Airways or when using any other Services. A Member must also produce his/her Card at check-in. Failure to give complete information may result in Avios points and Tier Points not being credited to the Member's account and the Member not receiving certain Services.
14.18. Executive Club Members who are registered in the United Kingdom and North America (including Bermuda and the Caribbean) can collect bonus Avios points where advertised when booking a flight inclusive package or holiday (flight+hotel or flight+car), where the individual elements have not been displayed separately. The actual level to be awarded will be displayed at the time of booking as “bonus Avios points”.
14.19. Only Active Members qualify for bonus Avios points. Bonus Avios will be awarded to the Lead Passenger only approximately four to six weeks after your travel is completed.
14.20. Bonus Avios points will not be awarded to a Member if that Member has registered for the Executive Club in one country by selecting a country of residence, but selects a different county of residence when making his/her booking.
14.21. Avios points for British Airways flights are credited to the Executive Club Member’s account 48 hours after the departure date of the booking. If your booking is cancelled no Avios points will be awarded.
15.1. Avios points are redeemed by Members with AGL for Rewards provided by British Airways and Service Partners. The methods to redeem those Avios points and access the Rewards are set out in the remainder of this Clause 15 and the Conditions of Use.
15.2. Rewards will be issued to any name requested and mailed only to the preferred mailing address of the Member. In some countries Members may be required to collect Rewards from designated places. Rewards for travel on British Airways flights are subject to the Conditions of Carriage, which is incorporated herein. Rewards for travel on Airline Partner flights are subject to the relevant terms and conditions of the Airline Partner. Non-Flight Rewards are subject to the terms and conditions notified to the Member at the time of booking by British Airways or the relevant Service Partner.
15.3. Requests and bookings relating to Rewards (including Service Partner Rewards) may be made online at Ba.com or through the Member's Local Service Centre in accordance with such procedures that may be in force from time to time for the issue of Rewards, as set out on Ba.com. Reward bookings can only be requested by the Member who holds the account or an individual nominated in accordance with Clause 3.13. Members should allow 3-4 weeks for Service Partner requests to be processed.
15.4. Infants (less than 2 years of age) travelling with a Member on a flight Reward will travel for ten percent of the Avios points required for the Member's flight Reward if they do not have their own seat. Children (2 years of age or older) and infants who require their own seat will be assessed the full Avios points for the relevant destination.
15.5. Bookings for Reward travel must be made no less than 24 hours prior to the intended day of departure. Bookings which do not comply with these requirements may be subject to a charge as specified on Ba.com.
15.6. Reward tickets will be issued at the same time as the booking is made. In some countries, Reward tickets may have to be collected from designated places.
15.7. E-tickets in respect of Reward travel will be issued for travel on all routes where possible.
15.8. One way tickets can be issued as Rewards on British Airways flights at 50% of the Avios points required for a return journey to the same destination. Open tickets cannot be issued as Rewards.
15.9. There are no charges for stopovers included in a Reward itinerary where the stopover is connecting from a domestic flight on to a long-haul destination. For Reward itineraries where the stopover is connecting from a domestic flight on to a shorthaul destination, charges will be applicable.
15.10. For return journeys, outbound and return flights must be booked at the same time. Travel to one destination from a point of origin and returning from another city to the same point of origin (or vice versa) is permitted.
15.11. Reward bookings are subject to availability and to capacity controls, which limit the number of seats available. As a result, Reward bookings may not be available on all flights. The total number of seats available for Reward bookings will vary from route to route and from week to week. Capacity controls are determined and adjusted at British Airways’ sole discretion. Reward bookings on an Airline Partner are subject to the availability determined by the Airline Partner and any capacity controls that the Airline Partner may have.
Reward bookings may be made up to 355 days prior to departure. Members are advised to make Reward bookings well in advance of the date of travel; however, British Airways cannot guarantee that a Member will be able to make a Reward booking on any specific flight regardless of the time of booking. Reward bookings cannot be waitlisted.
15.12. Rewards for travel will only be issued to and from destinations served by British Airways and/or Airline Partners designated at the time the ticket is issued and also at the time the ticket is used. The most direct routing must be taken.
15.13. Rewards are based on round trip travel between origin and destination using the most direct route possible. Rewards may be for more than one flight sector. On no more than one occasion per Reward may a flight sector commence at a different point from the end of the preceding flight sector. It is possible to combine flights on British Airways and Service Partner airlines to make a round trip journey of up to a maximum of 8 sectors.
15.14. Other than in relation to special promotions and subject to the applicable terms and conditions of such promotions, Members will be liable for all taxes and other charges associated with Reward travel on British Airways or a Service Partner airline, including without limitation, airport departure tax, customs fines, immigration fees, airport charges, customer user fees, carrier imposed charges, fuel surcharges, agricultural inspection fees, security and insurance surcharge or other fees or taxes charged by any person or relevant authority or body, including, but not limited to British Airways. If required to do so, British Airways will provide any relevant fiscal authorities with full details of any persons in receipt of Rewards. Any liabilities that arise as a result of the submission of these details, or from a direct notification by a Member, shall be the personal liability of the Member concerned and shall not be borne or paid by British Airways.
15.15. Rewards are subject to IATA fare construction rules. Travel itineraries for Reward bookings may start and end at different airports within the same country, or in different countries, provided the two airports are in the same zone. Outbound journeys may terminate at a different airport to the airport where the return journey starts provided the two airports are within the same zone.
15.16. Travel must be completed within 12months of the outbound date of travel.
16.1. Changes to bookings for Reward travel on flights operated by British Airways or Airline Partners are permitted only in respect of date, time, class of service and route and is subject to this Clause 16. Such changes may only be made by the Member or an individual nominated in accordance with Clause 3.13.
16.2. The route or date applicable to a Reward booking may be changed provided that the new route or date selected would, as at the date the change is requested, require the redemption of the same amount of Avios points as was redeemed in making the original booking. Route changes are only permitted for Reward bookings which are purchased using Avios points only (other than for the payment of taxes, fees and charges).
16.3. If more than one Avios and Money price option is available for a British Airways flight, it is not possible to change the price option or class of service chosen by a Member after a booking has been made.
16.4. All permitted changes are subject to capacity limitations and must be made a minimum of 24 hours prior to the scheduled departure of the flight being changed.
16.5. A fee as specified on Ba.com may be payable for each permitted change. Name changes are not permitted.
16.6. If you make a Non-Flight Reward booking, an amendment to your booking will be treated as a cancellation and re-booking and will be (subject to availability and applicable charges) as set out in the Conditions of Use under Spending Avios on Hotel, Car Rental and Experiences.
17.1. A fee as specified online at Ba.com will be charged if flight bookings for Reward travel are cancelled by the Member prior to departure. Provided a cancellation is made more than 24 hours prior to the scheduled departure of the first flight in the Reward itinerary, the Avios points charged for the Reward will be re-credited to the Member's account. Avios will not be refunded for partially flown bookings.
17.2. If flight bookings for Reward travel on British Airways or on flights operated by an Airline Partner are cancelled by the Member within 24 hours of departure, Avios points in respect of the Reward will not be re-credited to the Member. In the event a Member is prevented from travelling by an Event Beyond Your Control, such Member’s Avios points will be refunded provided that the Member has an unused Reward, has informed British Airways promptly, provided evidence of the event if requested to do so, and paid the applicable fee specified on Ba.com.
17.3. Failure to utilise a Reward flight i.e. "no show", will result in the airline's cancellation of any onward or return reservations and Avios points cannot be re-credited.
17.4. If you cancel a Non-Flight Reward, cancellation fees will be applied as set out in the Conditions of Use under Spending Avios on Hotel, Car Rental and Experiences.
18.1. The following are the specific Terms and Conditions that apply to Household Accounts. If there is any conflict between the Terms and Conditions in this Clause 18 and any other clause herein, these Terms and Conditions will prevail if the term or condition relates to, or regulates the operation of the Household Account.
18.1.1. Members can apply for a Household Account by completing the application process available online at ba.com.
18.1.2. A maximum of seven individuals are allowed per Household Account. Subject to Clause 18.1.4 (b) below, there is no age requirement to belong to a Household Account.
18.1.3. Business addresses are not permitted for Household Accounts. Only permanent residential addresses are permitted for Household Accounts. Each individual may have only one residential address on file.
18.1.4. To create a Household Account:
(a) the application process on ba.com must be completed naming the relevant Members; and
(b) a primary member must be designated in respect of the Household Account who must be 18 years of age or over and, in all cases, an existing Member of the Executive Club.
The remaining Members of the Household Account (other than the primary member) can either be existing Members of the Executive Club or new Members. At the time of joining the Household Account, new Members will receive an Executive Club Membership Number and will be eligible for a Card if the required Avios points have been earned.
18.1.5. Each member may submit a change of address in relation to their own personal Executive Club Household Account records However, subject to Clause 18.1.6, only the primary member of the Household Account may add or remove Members to the account or dissolve the account. Dissolution of the account will change the status of the account for all of the Household Account Members. The primary member can make such changes by using the process available online at ba.com.
18.1.6. Members who are part of a Household Account, but who are not the primary member of the Household Account, can request at any time to be removed by contacting the Executive Club in writing (including e-mail). Members of a Household Account other than the primary member cannot request the other Members of a Household Account to be removed, unless they are making that request in their capacity as the legal guardian of a Household Account member who is under the age of 18.
18.1.7. If the primary member of the Household Account dies or leaves the Executive Club, the remaining Household Account Members, who are over 18 years, must nominate between them another member (or a new member) to become the new primary Household Account member. Failure to do so within 3 calendar months from the date that the primary Household Account member died will result in the dissolution of the Household Account. The new primary member must satisfy the criteria in Clause 18.1.4(b) above. Details of the new primary member must be notified to British Airways in writing at the address specified on ba.com.
18.1.8. Once a Household Account is established, new Member(s) or existing Members may not be added or removed more than once every six months. A Household Account may not be dissolved or re-established more than once every six months.
18.1.9. Avios points will be tracked and recorded individually under each Member's own Executive Club Membership Number by British Airways. Provided that a Member is an Active Member, each Member may access an online statement at ba.com detailing their own transactions and the household Avios points in total. For the avoidance of doubt, infant fares do not earn Avios points.
18.1.10. Executive Club Tier level is attained for the individual (not the household) based on the individual Member's Tier Points earned.
18.1.11. Any Household Account Member can individually redeem from the Household Account, regardless of who earned the redeemed Avios points, including without limitation, all or part of the total Avios points earned by the other Members of the Household Account. Each Member is solely responsible for discussing with other Household Account Members decisions concerning the use and redemption of Avios points under any Household Account as between Members. An email alerting only that a reduction to the Avios held in the Household Account and suggesting that you visit your account will be sent to the primary member when a transaction has been made by one of the Members of the Household Account.
18.1.12. When a redemption is made for a Member who is either on the Household Account or balance in proportion to the size of each Household Account Member's Avios points balance. Except that, when Avios are used to purchase food or drink on board a flight in economy (Euro Traveller), the Avios will be debited only from the account of the Member whose card is used to make the purchase.
18.1.13. Parents or guardians may nominate persons under 18 years of age to be a Member of a Household Account and this will entitle them to earn and, subject to the remainder of this Clause 18.1.12, redeem Avios points. Requests and bookings relating to Rewards may be made by any Household Account Member provided they are 18 years of age or over. For the avoidance of doubt, apart from the ability to earn Avios points and to receive the benefit of Reward travel by virtue of Avios points being redeemed for their benefit by any Household Account Member over 18 years of age, Household Account Members under 18 years of age are not entitled to the Services by reason of their being a Household Account Member. Nominated persons under the age of 18 who are a member of a Household Account are governed by the same data protection rules as other Household Account Members who are 18 or over. This means that information relating to the Member’s Executive Club account can only be discussed with the Member, or their appointed third party nominee.
18.1.14. If a participant dies, ceases to reside at the Household Account address or ceases to be a Member of the British Airways Executive Club, the unredeemed Avios points held by that person will be removed from the Household Account balance.
18.1.15. Subject to Clause 18.1.12, Rewards can only be issued by British Airways to Members of the Household Account or to customers listed on the Family and Friends List, as designated/nominated by a Household Account Member at the time of issuance, after which Rewards may not be transferred or reissued to a different name except where in accordance with the Conditions of Use relating to the transfer of Avios.
18.1.16. Rewards will be mailed to the residential address noted on the individual’s Executive Club Household Account records. In some countries, Rewards may have to be collected from designated places.
18.1.17. The Avios points balance of individual Household Account Members shall expire in accordance with Clause 14.4 if the individual Household Account Member has not earned or redeemed Avios points or purchased or transferred Avios points in accordance with the Conditions of Use for 36 consecutive months. Notwithstanding Clause 3.12.1, in such circumstances, the membership of the individual Household Account Member and the Household Account shall continue in effect.
18.1.18. Notwithstanding Clause 18.1.16, in the event a Household Account has a Gold, Silver or Bronze Tier Member who has earned or redeemed Avios points within the last 36 consecutive months then the Avios points balance of the other Household Account Members shall not be subject to expiry in accordance with Clause 14.4. In the event a Household Account ceases to have as a Household Account Member any such Gold, Silver or Bronze Tier Member then the provisions of Clause 18.1.16 shall apply.
18.1.19. For bookings made using Avios as part-payment (excluding Avios and Money), bookings can be made for people outside of the Household Account. Current redemption rules apply regarding the debiting of Avios across the accounts of Members of the Household Account.
19.1. The following are the specific terms and conditions that apply to a Family and Friends List, which enables Members who are part of a Household Account to redeem for a nominated group of five individuals who do not reside at the same address. The operation of the Family and Friends List is subject to Clause 18, and if there is any conflict between the terms and conditions in this Clause and any other Clause herein, these terms and conditions will prevail if the term or condition relates to, or regulates the operation of the Friends and Family list.
19.1.1. Members may nominate individuals to be part of their Family and Friends List at any time by visiting Ba.com.
19.1.2. Individuals nominated to the Family and Friends List must remain on the list for a minimum of six months.
19.1.3. If a Member is also part of a Household Account, where they are not the nominated head of the Household Account, then their Family and Friends List will be shared with the head of the Household Account.
19.1.4. Members may have up to a maximum of five individuals on a Family and Friends List at any given time.
19.1.5. Only one Family and Friends List is permitted per Member.
19.1.6. To add individuals to a Family and Friends List, Members must complete the mandatory information as requested on the dedicated Family and Friends webpage on Ba.com. Members are responsible for the accuracy of the information provided and for obtaining the consent of the individual nominee to do so.
19.1.7. The individuals added to the Family and Friends List can either be existing Members of the Executive Club, in which case their Executive Club number can be added to the nomination, or they can be individuals who are not Members of the Executive Club.
19.1.8. At the time of nomination to the Family and Friends List, non-Members will not receive an Executive Club Membership Number or be automatically enrolled into the Executive Club. Should the nominated individual wish to become a Member of the Executive Club, then they are responsible for completing an enrolment form and providing their details to their relevant family or friend who has selected to nominate them to be part of their Family and Friends List.
19.1.9. Once a Family and Friends List is established, new nominees(s) may be added or existing nominee(s) removed, subject to Clause 19.1.2. Once a Family and Friends list reaches 5 individuals, only one individual can be changed or removed every 6 months
19.1.10. Avios points collected will not be ‘pooled’ amongst members who are part of a Family and Friends List.
19.1.11. When redemption from a Household Account is made for a nominated Family and Friends List Member, Avios points will be taken from each Household Account Member's Avios points balance in proportion to the size of each Member's Avios points balance. No Avios points will be taken from the Family and friends List Member’s account.
19.1.12. Persons under 18 years of age can be nominated to be part of to be a member of a Family and Friends List, however, they must be enrolled into a Household Account in order to be able to become an Executive Club Member. Use of BA facilities such as lounges and other Executive Club privileges may not be available to persons under the age of 18 travelling without an adult.
19.1.13. Members of a Family and Friends List who are removed from the list in accordance with Clause 19.1.9 will retain their individual Executive Club status (if applicable).
19.1.14. Members of a Family and Friends List who are also Executive Club Members are subject to Clause 14.4 in respect of expiration of points.
20.1. From time to time, British Airways and AGL may offer special promotional rates for Avios points and/or Reward bookings and such accruals and/or bookings will be subject to the terms and conditions as published with each offer and, in the event of a conflict, take precedence over these Terms and Conditions. Unless otherwise permitted by British Airways, Rewards (including those special promotional Rewards) may not be used in conjunction with other awards, promotions, coupons, discounts or special offers.
20.2. Other than as provided for herein, Rewards are not redeemable for cash, refundable or exchangeable. At no time may Rewards be purchased by, sold to, bartered or otherwise transferred to other persons and British Airways may confiscate Rewards in such circumstances.
20.3. It is the Member's responsibility to ensure that they and everyone with whom they are travelling or any third party in whose name a Reward has been issued:
20.3.1. have checked the relevant entry requirements for any country being visited; and
20.3.2. have the correct passports, visas, health certificates and other travel documents needed for the journey.
Members, travel companions or third parties in whose name a Reward has been issued may be denied boarding if their documents are not in order. British Airways shall not be liable for any Loss suffered by a Member and/or traveller as a result of their failure to arrange the above.
20.4. British Airways and AGL reserve the right to audit a Member's account and records without notice to the Member to check for compliance with the Terms and Conditions, the Conditions of Carriage, the Conditions of Use and any other applicable rules, regulations or terms and conditions. During an audit, a Member may be unable to make Reward bookings or make or receive transfers of Avios points pursuant to the Conditions of Use.
20.5. In the event that an Airline Partner of British Airways ends their partnership or goes into insolvency we will provide as much notice as we feasibly can of an Airline Partner ceasing to fly. In such events we are unable to honour the Avios and Tier Points.
21.1. Avios points, and all rights of title to and property in such Avios points issued at any time, remain with AGL at all times and never pass to the Member.
21.2. Risk (for example, theft or unauthorised or fraudulent redemption) associated with Avios points passes to the Member as soon as Avios points are recorded on the Member's account, or otherwise awarded to the Member. Neither AGL nor British Airways is liable for unauthorised or fraudulent redemptions arising due to the actions of the Member or the failure by the Member to adhere to these Terms and Conditions.
22.1. Except as otherwise provided by British Airways and AGL and communicated to the Member, Avios points are not transferable (whether from person to person, account to account, statement to statement, card to card or otherwise) other than in accordance with the Conditions of Use and cannot be bequeathed, devised or otherwise transferred by operation of law.
22.2. Any purported purchase, sale, transfer, unauthorised use (including bartering), procurement or redemption of Avios points issued or awarded to another person or any other use of Avios points contrary to these Terms and Conditions will constitute a fundamental breach by the Member of these Terms and Conditions and the Conditions of Use.
22.3. Each Member acknowledges that a breach pursuant to Clause 22.2 above may also constitute an inducement to breach the contract among British Airways, AGL and the Member, intentional damage to the business of British Airways and/or AGL, or conspiracy and criminal offences under the applicable local or national law. Any breach pursuant to Clause 22.2 will constitute Fraud and/or Misconduct and will be dealt with in accordance with Clause 24.
Members may terminate their Membership by writing to their Local Service Centre and stating that they no longer wish to be a Member and, if they have been issued a physical Card, enclosing their physical Card cut in half. Any such termination will result in a loss of all Avios points and does not relieve the Member of any continuing obligations under these Terms and Conditions.
24.1. In addition to any other rights or remedies it may have, British Airways reserves the right at any time in its absolute discretion to terminate the Membership of any Member and/or the right of any Member to use the Card if a Member commits Fraud, Misconduct, is given a banning notice or withdraws their consent under Clause 4. If this occurs, British Airways must write to the Member to inform them that his/her Membership is being terminated for this reason. British Airways and/or AGL may in its discretion suspend such termination and impose a reduction in Tier grade and/or remove Avios points and/or Tier Points and/or request undertakings in respect of future conduct.
24.2. In the case of Fraud and/or Misconduct, British Airways and/or AGL may cancel all accrued and accruing Avios points of the Member and any Reward tickets.
24.3. The Member shall be liable to British Airways and/or any Airline Partner for the full price of any travel undertaken on Reward tickets, wholly or partly as a result of such Fraud and/or Misconduct, in accordance with the published fare applicable to such travel together with any reasonable costs, including legal fees, incurred by British Airways.
24.4. In the event of the termination of Membership, if the Member was issued a physical Card, the Card must be returned to British Airways. Furthermore, an individual may be required to return any co-branded financial cards to the card issuer. In the event an individual continues to hold a co-branded financial card, they will not be entitled to receive any Avios points or Services.
British Airways and/or AGL may terminate the Executive Club at any time. Except in the event of insolvency of British Airways or AGL, each of British Airways and AGL will use its reasonable endeavours to give at least six months’ notice to Members prior to termination. In the event of insolvency of British Airways or AGL, or otherwise at the end of the period of notice, each Member acknowledges and agrees that their right to use the Services (including the earning and redemption of Avios points with AGL) will cease with immediate effect.
26.1. British Airways and/or AGL may in its sole discretion modify, withdraw, amend or add to any Services or other offers or arrangements or impose any requirements or restrictions relating to the use of Services or Rewards. British Airways and/or AGL will give as much advance notice as practicable of such action to Members. Current information is set out on Ba.com.
26.2. Examples of the action which British Airways and AGL might take under Clause 26.1. include withdrawing Services which British Airways provides itself (such as Lounges), modifying the right to earn or redeem Avios points including the rates of redemptions, amending or withdrawing Lifetime Status (such as Gold for life), the withdrawal of a Service (such as car hire) provided by a Service Partner or the withdrawal of Rewards. In addition, Service Partners reserve similar rights to withdraw, amend or add to Services or impose requirements or restrictions relating to them.
26.3. Members shall be deemed to have agreed to any modifications, withdrawal, amendment or addition to the Services or Rewards or the Executive Club Avios points programme pursuant to Clause 26.1 if, after they have been notified of the changes, they continue to quote their Membership number to obtain Services. Members who do not wish to accept changes in the Services may terminate their Membership in the manner described in Clause 23.
British Airways and AGL may, from time to time, change the currency used by the Executive Club either in whole or in relation to any country or region. British Airways will use its reasonable endeavours to give at least six months’ notice to Members of any such changes and such notice may be provided via e-mail to the e-mail address provided by the Member.
British Airways and AGL reserve the right at all times to make any changes to the Terms and Conditions subject to giving Members reasonable notice as appropriate in the circumstances. Members who do not accept the amendments will have their Membership terminated as described in Clause 23.
29.1. Neither British Airways nor AGL will be liable for any Loss resulting from alteration to, or termination of the programme or the right to earn or redeem Avios points or any of the Services, except for Loss caused by its own negligence or wilful misconduct.
29.2. Neither British Airways nor AGL will be liable for any Loss if, by reason of local legal or regulatory prohibitions or restrictions, the Executive Club or the whole or any part of the Services cannot be made available in certain countries or to certain Members.
29.3. The limitations and exclusions of liability referred to in the Conditions of Carriage will apply in relation to travel on the services of British Airways, including Reward travel and are incorporated herein.
29.4. The limitations and exclusions of liability referred to in the terms and conditions of the relevant Airline Partner will apply in relation to any travel on the services of the Airline Partner, including Reward travel.
29.5. The limitations and exclusions of liability referred to in the Terms and Conditions and/or any terms and conditions of British Airways, AGL and the relevant Service Partner will apply to Non-Flight Rewards.
30.1. Neither British Airways nor AGL makes any representations as to any income, use, excise or other tax liability of Members as a result of their Executive Club Membership. Such a tax liability may arise, for example, if a Member obtains Avios points and/or Rewards as a result of business expenditure. Members are advised to check with their accountant or tax adviser for further information.
30.2. The Member is solely responsible for any tax liability incurred as a result of Membership.
British Airways and its Airline Partners and Service Partners are constantly trying to improve the Services British Airways provides to its Members. Any Member with concerns or complaints should contact their Local Service Centre. British Airways may occasionally monitor telephone calls from Members to the service centre to maintain and enhance its service to Members.
32.1. To the extent permissible by local law or regulation these Terms and Conditions shall be governed by and construed in accordance with English law, except if you are a resident of the USA or Canada. If you are a resident of the USA or Canada, these Terms and Conditions (and any agreements incorporated therein) and your relationship with British Airways or the Executive Club is governed in all aspects by the substantive laws of the State of New York (USA), without regard to its choice of law rules. British Airways and AGL and all Members who do not reside in the USA or Canada submit to the non-exclusive jurisdiction of the English courts to resolve any disputes that may arise out of them.
32.2. Any provision of these Terms and Conditions declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.
32.3. If there is any conflict in meaning between the English language version of these Terms and Conditions and any version or translation of these Terms and Conditions in any other language, the English language version shall prevail.
33.1 If you are a resident of the USA or Canada, to the extent permissible by local law or regulation, you agree that the resolution of any Dispute shall be conducted on an individual, not a class-wide basis (“Class Action Waiver”), and that no such proceeding may be consolidated with any other legal proceedings involving British Airways or any other person. You further agree that you, and anyone asserting a claim for you, will not be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding against British Airways.
34.1.1 The resolution of any Dispute by a resident of the United States is agreed by you and British Airways to be subject to the following conditions:
34.1.2 All Disputes arising from or relating to these Terms and Conditions shall be resolved in binding arbitration (“U.S. Arbitration Agreement”) in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., which shall govern the interpretation and enforcement of this U.S. Arbitration Agreement.
You and British Airways agree that any and all disputes, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court by a judge or jury.
34.1.3 Limitations Period: The party seeking relief shall serve a demand for arbitration on the other party within a reasonable time after the Dispute has arisen, and in no event shall demand be made after two years from when the aggrieved party knew or should have known of the Dispute.
34.1.4 British Airways and you agree that the arbitrator of any Dispute may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action).
34.1.5 If the Class Action Waiver or any portion thereof is found to be illegal or unenforceable, then the U.S. Arbitration Agreement set forth herein will be unenforceable, and the Dispute will be decided by a court.
34.1.6 The arbitration proceedings shall be before a neutral arbitrator in a location within the continental United States that is convenient to you. If you and British Airways are not able to agree upon the selection of an arbitrator within thirty days after the commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association (“AAA”). The arbitration shall be administered pursuant to the AAA’s Commercial Arbitration Rules and Mediation Procedures and Supplementary Procedures for Consumer-Related Disputes. If required for the enforceability of this U.S. Arbitration Agreement under the Federal Arbitration Act, British Airways will pay all arbitrator's costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
34.2.1 Canadian residents consent to have any Dispute arising from these Terms and Conditions resolved pursuant to the following procedure:
34.2.2 Notice and Negotiation. You will give British Airways notice of any Dispute arising from these Terms and Conditions. Following such notification the parties shall meet at a mutually acceptable time and place within 30 days after delivery of such notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the Dispute. If the parties have not resolved the Dispute within 90 days of the disputing party’s notice, the parties may initiate mediation as set out below.
34.2.3 Mediation. If the Dispute has not been resolved by negotiation as provided above within 90 days of notice being given, any such Dispute will be referred to and determined by private confidential mediation before a single mediator chosen by the parties and at their joint cost. For avoidance of doubt, you expressly understand and agree that you may only mediate matters in your individual capacity and cannot mediate the claims of any other person or on behalf of a class of persons.
34.2.4 Arbitration. Should the parties after mediation in good faith fail to reach a settlement of any dispute the issue(s) between them shall be determined by private, confidential and binding arbitration by the same person originally chosen as the mediator. For avoidance of doubt, you expressly understand and agree that you may only arbitrate matters in your individual capacity and cannot arbitrate the claims of any other person or on behalf of a class of persons.
34.2.5 Legal Proceedings. In the event that the applicable jurisdiction prohibits binding arbitration in respect of the claimant or the circumstances related to the claim, and the parties after mediation in good faith fail to reach a settlement of any Dispute, either party may refer any remaining Dispute to adjudication through a court of competent jurisdiction.
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