Please note: the information contained within this article is for informational purposes only and as such does not constitute legal advice. This information should be reviewed alongside information contained in the official claim Web sites by your legal department before any further action is taken.
A proposed Settlement has been reached in a class action about fuel surcharges paid by passengers of British Airways Plc (“BA”) and Virgin Atlantic Airways, Ltd. (“Virgin Atlantic”). The lawsuit claims that BA and Virgin Atlantic unlawfully conspired to fix prices of fuel surcharges imposed on “long-haul” passenger fares. Long-haul flights include most flights between the U.K. and non-E.U. destinations, including flights to and from the United States. All flights on Virgin Atlantic qualify as long-haul.
The two companies being sued are BA and Virgin Atlantic. The Settlement resolves the claims of United States Classes and United Kingdom Classes. In the U.S., it requires the companies to refund up to $59,007,273 to members of the U.S. Settlement Classes who submit valid claim forms. In the U.K., it requires the companies to refund up to £73,531,076 to members of the U.K. Settlement Classes who submit valid claim forms.
You may be eligible to claim as part of this Settlement if you purchased at least one ticket for long-haul passenger air travel from BA for travel on a flight operated by BA. or from Virgin Atlantic for travel on a flight operated by Virgin Atlantic and the purchase:
- Was ticketed in the United States or in the United Kingdom;
- Occurred between August 11, 2004 and March 23, 2006; and
- Included a long-haul fuel surcharge that was not refunded.
Options open to eligible customers
As long as claimants meet the eligibility criteria stated above, there are three courses of action available:
- You may choose to do nothing. In this case, you will not receive any partial refund;
You may file a Settlement claim online via one of the official claims Web sites:
https://www.airpassengerrefund.com (U.S. and Canada)
In this case, you will relinquish your legal right to sue as a separate entity.
- You may sue as a separate entity, therefore relinquishing any rights to be a potential beneficiary of the Settlement.
No matter which of the above options you choose to pursue, we recommend that you consult your legal department before any action is taken.
How can BCD Travel help?
As your corporate travel management company we are able to support you by providing management information on the four key reporting fields required when filing a claim:
- Airline Indicator;
- Corporate Code (if available);
- Corporation Name;
- Ticket Number (a unique identifier).
Please note that BCD Travel cannot complete and/or file a claim on your behalf. You must complete the claim form, as you will be applying on behalf of your organization and therefore need to understand your rights and options.
To obtain the relevant reporting information, as well as any details on applicable reporting fees, please contact your BCD Travel account manager.
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