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Appendix to opinion of the Court
which make clear the outer limits within which program awards may be changed. For example, the following is not adequate disclosure:
"Program rules, regulations and mileage levels are subject to change without notice."
This example is adequate disclosure:
"(Airline) reserves the right to terminate the program with six months notice. This means that regardless of the amount you participate in this program, your right to accumulate mileage and claim awards can be terminated six months after we give you notice."
Or:
"(Airline) reserves the right to change the program rules, regulations, and mileage level. This means that (Airline) may raise mileage levels, add an unlimited number of blackout days, or limit the number of seats available to any or all destinations with notice. Program members may not be able to use awards to certain destinations, or may not be able to obtain certain types of awards such as cruises."
Or, if the airline so intends, the disclosure might also say:
"In any case, (Airline) will make award travel available within days of a program member's requested date, except for blackout dates listed here."
The airline's right to make future changes, in a manner other than that provided in Guideline 3.1, shall apply only to mileage accrued after members receive the notice required by this Guideline.
Comment: In the past, airlines have attempted to reserve the right to make radical future changes in their programs by using such vague and uncertain blanket language as "Subject to additions, deletions, or revisions at any time." The consumer outrage that ensued when several of the
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