BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Complaint of Benjamin Edelman, Esq. Docket DOT-OST-2015-0001 

BRITISH AIRWAYS PLC ANSWER TO COMPLAINT 

Communications with respect to this document should be sent to: 

Richard Mendles 

General Counsel, Americas 

James B. Blaney 

Senior Counsel, Americas 

British Airways Plc 

2 Park A venue, Suite 11 00 

New York, NY 10016 

richard.mendles@ba.com 

jim.blaney@ba.com 

January 28, 2015 

Don H. Hainbach 

Erin Tallardy Katz 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Washington, DC 20036 

Phone:202-776-3970 

dhainbach@ggh -air law .com 

ekatz@ggh-airlaw .com 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Complaint of Benjamin Edelman, Esq. Docket DOT-OST-2015-0001 

BRITISH AIRWAYS PLC ANSWER TO COMPLAINT 

British Airways Plc ("British Airways") hereby answers the Complaint (the "Complaint") 

filed by Benjamin Edelman ("Mr. Edelman" or "the Complainant") alleging that British Airways 

violated 14 CFR §399.84. Except as otherwise stated below, British Airways denies the 

allegations of the Complaint and respectfully requests that the Department of Transportation (the 

''Department") dismiss the Complaint without further investigation or order pursuant to 14 

C.P.R. § 302.406(a)(2). To the extent that there is any factual statement or allegation that is not 

specifically admitted or denied herein, it should be deemed to have been denied. 

Summary 

The circumstances that gave rise to Mr. Edelman's Complaint were caused by an 

inadvertent programming error that affected redemption ticket sales on a limited number of 

routes available for sale on ba.com involving sectors operated by US Airways. British Airways 

had already identified the underlying issue and developed corrective measures prior to Mr. 

Edelman filing his complaint. 

When a consumer on ba.com requested one of the affected redemption flight itineraries, 

the Journey Summary box at the bottom of the screen displayed the required A vios and cash 

amounts. In all instances, the consumer was advised: "(You will see exact cost after you click 

'Continue')." The consumer could not book the flight(s) until he or she clicked 'Continue' and 
British Airways Answer 

January 28, 2015 

Page 2 

proceeded to the next page, which, in every instance, displayed the correct A vios and cash price 

for the flight(s). 

British Airways first became aware of this situation on January 12, 2015, upon receipt of 

a consumer complaint sent directly to British Airways General Counsel, Americas. The 

individual submitting that complaint explained that he discovered the fare mistake situation after 

having transferred American Express Membership Rewards points to his A vios account and that 

the transfer process could not be reversed. British Airways immediately responded to that 

complaint by advising the individual that British Airways would refund his credit card for the 

difference between the mistaken price quoted in the Journey Summary box and the correct price. 

As of today's date, British Airways is not aware of other similar complaints or inquiries from 

individuals regarding the factual circumstances alleged in Mr. Edelman's Complaint. 1 

British Airways began efforts to identify the issue and the steps required to resolve the 

issue on its website immediately upon learning of the problem on January 12. British Airways 

U.S. staff were able to reach the appropriate ba.com technical personnel that same afternoon, 

which was the end of the workday in London. The ba.com personnel in London attempted to 

identify the reason for the problem that evening, were able to fully identify the source of the 

problem on January 13, and immediately began efforts to develop a solution to ensure the cash 

amounts were correctly displayed in the initial Journey Summary box. A proposed solution was 

developed and ba.com personnel were able to test the proposed fix on January 14. The test was 

successful and British Airways implemented the solution during the evening of January 14. The 

website was functioning properly by the morning of January 15. 

Because consumer inquiries could be routed to customer relations personnel outside the United States, 

British Airways has asked all of its customer relations offices to forward any similar complaints to U.S. staff. 
British Airways Answer 

January 28, 2015 

Page 3 

British Airways respectfully submits that it proceeded as expeditiously as possible to 

remedy the situation as soon as it became aware of the problem, which was prior to Mr. 

Edelman's Complaint. It has refunded the consumer who asserted reliance on an incorrect price 

disclosure. Mr. Edelman's Complaint does not assert that he purchased a redemption ticket in 

reliance on an incorrect price disclosure and there is no reason to believe he was adversely 

affected. 

Answer 

British Airways answers the allegations and statements contained in the Complaint as 

follows: 

1. In response to Paragraph 1 of the Complaint, British Airways denies advertising 

inaccurate taxes on any award flights in any fare quote. Except as otherwise indicated above, 

British Airways denies that ba.com displayed inaccurate carrier-imposed charges on any award 

flights. 

2. Paragraph 2 of the Complaint states a conclusion of law to which no denial or admission 

can be made. 

3. Paragraph 3 states a conclusion of law to which no denial or admission can be made. 

British Airways denies the additional factual allegations in Paragraph 3. 

4. British Airways is without knowledge sufficient to respond to Paragraph 4 of the 

Complaint. 

5. British Airways IS without knowledge sufficient to respond to Paragraph 5 of the 

Complaint. 

6. British Airways is without knowledge sufficient to respond to Paragraph 6 of the 

Complaint. 
7. British 

Complaint. 

8. British 

Complaint. 

Airways IS 

Airways is 

British Airways Answer 

January 28, 2015 

Page 4 

without knowledge sufficient to respond to Paragraph 7 of the 

without knowledge sufficient to respond to Paragraph 8 of the 

9. British Airways denies Paragraph 9 of the Complaint. 

10. British Airways is without knowledge sufficient to respond to Paragraph 10 of the 

Complaint. 

11. British Airways 1s without knowledge sufficient to respond to Paragraph 11 of the 

Complaint. 

12. British Airways denies Paragraph 12 of the Complaint. 

13. Paragraph 13 states a conclusion of law to which no denial or admission can be made. 

14. British Airways is without knowledge sufficient to respond to Paragraph 14 of the 

Complaint. 

15. British Airways is without knowledge sufficient to respond to Paragraph 15 of the 

Complaint. 

16. Paragraph 16 states a conclusion of law to which no denial or admission can be made. 

17. British Airways is without knowledge sufficient to respond to Paragraph 1 7 of the 

Complaint. 

18. Paragraph 18 of the Complaint is a request to the Department, not an allegation. 
British Airways Answer 

January 28, 2015 

Page 5 

Affirmative Defenses 

British Airways makes the following affirmative defenses: 

1. The Complaint fails to state a claim upon which relief may be granted. 

2. The Complainant lacks a private right of action under 49 U.S.C. § 41712. 

3. The Complainant has not suffered any harm. 

4. The Complainant lacks standing. 

5. The Complaint is moot. 

WHEREFORE, for the reasons stated above, British Airways Pic respectfully requests 

that the Department dismiss the Complaint pursuant to 14 C.P.R. § 406(a)(2). 

Respectfully s~bmitted, 

By;~ ::v~ Don . Hmnbach 

Erin Tallardy Katz 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire A venue NW 

Washington, DC 20036 

Tel: 202-776-3970 

dhainbach@ggh-airlaw. com 

ekatz@ggh-airlaw .com 

Attorneys for British Airways PLC 
CERTIFICATE OF SERVICE 

I hereby certify that on this 28th day of January, 2015, a copy of the foregoing Answer of 

British Airways Pic was served via electronic mail on the parties named below: 

Benjamin Edelman, Esq. 

Blane Workie 

Kimberly Graber 

ben(li{benedelman.org 

blanc. workie@)dot. gov 

kimberly.graber@dot.gov