BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Complaint ofBenjaminEdelman, Esq. DocketDOT-OST-2015-0001

BRITISH AIRWAYS PLC ANSWERTO COMPLAINT

Communications with respect to this document should be sentto:

Richard Mendles General Counsel, Americas James B. Blaney SeniorCounsel, Americas BritishAirways Plc 2 ParkAvenue, Suite 1100 New York, NY 10016 richard.mendles@ba.com jim.blaney@ba.com January 28, 2015 Don H. Hainbach ErinTallardy Katz Garofalo Goerlich Hainbach PC 1200NewHampshire AvenueNW Washington, DC 20036 Phone:202-776-3970 dhainbach@ggh-airlaw.com ekatz@ggh-airlaw.comBEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Complaint ofBenjaminEdelman, Esq. Docket DOT-OST-2015-0001

BRITISHAIRWAYS PLC ANSWERTO COMPLAINT British Airways Plc ("British Airways") hereby answers the Complaint (the "Complaint") filed by BenjaminEdelman ("Mr. Edelman" or "the Complainant") alleging that British Airways violated 14 CFR §399.84. Except as otherwise stated below, British Airways denies the allegations ofthe Complaint and respectfully requests that the Department ofTransportation (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 shouldbe 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 ofthe affected redemption flight itineraries, the Journey Summary box at the bottom ofthe screen displayed the required Avios 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' andBritishAirways Answer January 28, 2015 Page 2 proceeded to the next page, which, in every instance, displayed the correct Avios and cash price for the flight(s). British Airways first became aware ofthis 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 Avios 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 oftoday's date, British Airways is not aware ofother 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 ofthe problem on January 12. British Airways U.S. staffwere able to reach the appropriate ba.com technical personnel that same afternoon, which was the end ofthe 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 ofthe 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 implementedthe solution during the evening ofJanuary 14. The website was functioning properly by the morning ofJanuary 15.

Because consumer inquiries could be routed to customer relations personnel outside the United States, British Airways has asked all ofits customerrelations offices to forward any similar complaints to U.S. staff.BritishAirways 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. Ithas 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 ofthe Complaint states a conclusion oflawto which no denial or admission

canbe made.

3. Paragraph 3 states a conclusion of law to which no denial or admission can be made. British Airwaysdeniesthe 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 BritishAirways 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. BritishAirways denies Paragraph 9 ofthe 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. BritishAirways denies Paragraph 12 ofthe Complaint. 13. Paragraph 13 states a conclusion oflawto which no denial or admission canbe 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 oflawto which no denial or admission canbe made. 

### 17. British Airways is without knowledge sufficient to respond to Paragraph 

### 1 7 of the Complaint. 18. Paragraph 18 ofthe Complaint is a request to the Department, not an allegation.BritishAirways Answer January 28, 2015 Page 5 Affirmative Defenses BritishAirways makes the following affirmative defenses: 1. The Complaint fails to state a claim upon whichreliefmay be granted. 2. The Complainant lacks a privateright ofaction under 49 U.S.C. §41712. 3. The Complainanthas not suffered any harm. 4. The Complainant lacks standing. 5. The Complaintis moot.

WHEREFORE, for the reasons stated above, British Airways Pic respectfullyrequests thatthe Departmentdismiss the Complaintpursuantto 14 C.P.R. 

### §406(a)(2). Respectfully**s~bmitted,**

# By;~**::v~** Don

.Hmnbach ErinTallardy Katz Garofalo Goerlich Hainbach PC 1200New Hampshire Avenue NW Washington, DC 20036 Tel: 202-776-3970 dhainbach@ggh-airlaw.com ekatz@ggh-airlaw.com Attorneys for BritishAirwaysPLCCERTIFICATE OF SERVICE Ihereby certifythat onthis 

### 28th day ofJanuary, 

### 2015, a copy ofthe foregoing Answerof BritishAirwaysPicwas servedviaelectronicmail onthepartiesnamedbelow:

BenjaminEdelman, Esq. Blane Workie Kimberly Graber 

### ben(li{benedelman.org blanc.workie@)dot.gov kimberly.graber@dot.gov