Ouch, another closed QFF account.

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Weren't they considered part of a divorce settlement a few years ago? I think it was QFF and on that basis it would seem that the family court considered them as an asset of the marriage and assigned a value to them
 
Weren't they considered part of a divorce settlement a few years ago? I think it was QFF and on that basis it would seem that the family court considered them as an asset of the marriage and assigned a value to them

Yes they were. But in that case both people were still alive. If one was dead the court would have no say as the account would be closed and the points would not exist.
 
I have added a line to my will, with QF number and password and instructed my executor to post this on AFF after my death.
Problem is, his wife is also a points fiend. Do you think the details will make it on to AFF??!
 
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No problems in our household.
I have assigned QFF points only for QStore use with the wife having free reign of the accounts. I think she surprised even herself with her diligence to the task displayed the past three months.
 
loss of benefits when a member dies I can understand. but total loss of points? may be unfair.
When Victoria introduced it unfair contract terms legislation, the Qantas Frequent Flyer terms and conditions was one of the contracts that was put under the microscope, which did result in a series of changes to the terms and conditions of the program. The particular clause regarding loss of points on death, seems to have survived those reviews, so one would thing that it wasn't considered unfair then. Ref: QANTAS AGREES TO CHANGES TO FREQUENT FLYER TERMS AND CONTIDIONS - Premier of Victoria
 
Use them or lose them?

I have been thinking about this lately. A lot of points will disappear if something happened to me. Parents too old to travel and my brother has never been in a plane and has no interest in flying.

Uncle John, I can accommodate that for you.
 
but banks aren't a charity either... and they just can't seize property for themselves once a customer dies.

Although ANZ is a bank, and the terms and conditions of their reward program state that if you die, your points are cancelled. CBA gives you (or presumably, your estate) six months to nominate someone to receive your points. (I only checked those two.)
 
There are a few of us related to JohnK :)

But thinking about this seriously I'll have my QFF details added to my will (via JP at shopping centre).
Grandad

You could always leave them to me. Your favourite grandson. Failing that remember that I am a JP and would happily witness your will and password. By the way, will witnesses don't need to be anyone special (eg a JP).
 
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What a load of rubbish. I bet you would want to hold the "supplier" to the T&Cs if it was in your favour. The Terms & Conditions are just that, if you don't like them don't sign up.

terms and conditions are only binding in so far as they don't contravene a range of laws around contract and consumer protection.

just because a consumer wants to enforce something in their favour doesn't mean the company has the same ability in the reverse direction.

the issue is not whether you like a particular term or condition when you sign up... it is how a particular term or condition works at the time it affects you. that's when you need to determine if a particular clause is binding or not.

it is also possible a terms or condition can remain for a long period of time... and not be reviewed until someone decides to take action on it. plenty of people simply accept what is written and don't know they might have rights.
 
terms and conditions are only binding in so far as they don't contravene a range of laws around contract and consumer protection.

just because a consumer wants to enforce something in their favour doesn't mean the company has the same ability in the reverse direction.

the issue is not whether you like a particular term or condition when you sign up... it is how a particular term or condition works at the time it affects you. that's when you need to determine if a particular clause is binding or not.

it is also possible a terms or condition can remain for a long period of time... and not be reviewed until someone decides to take action on it. plenty of people simply accept what is written and don't know they might have rights.

As a wise man once said, "Good luck with that one."
 
terms and conditions are only binding in so far as they don't contravene a range of laws around contract and consumer protection.

just because a consumer wants to enforce something in their favour doesn't mean the company has the same ability in the reverse direction.

the issue is not whether you like a particular term or condition when you sign up... it is how a particular term or condition works at the time it affects you. that's when you need to determine if a particular clause is binding or not.

it is also possible a terms or condition can remain for a long period of time... and not be reviewed until someone decides to take action on it. plenty of people simply accept what is written and don't know they might have rights.

LOL - Now let me decide if a clause is binding - Yep it's up to me LOL
 
I suspect that this has never been the subject of a specific legal challenge as the legal costs would far outweigh the nominal value of the points.
 
As a wise man once said, "Good luck with that one."

LOL - Now let me decide if a clause is binding - Yep it's up to me LOL

I suspect that this has never been the subject of a specific legal challenge as the legal costs would far outweigh the nominal value of the points.

'luck' has little to do with it... except you might run into a situation where a company does not want to pursue a particular point through the legal process in case it comes out against them.

otherwise it is a case of applying current law against what is written in the terms and conditions. exploring your legal options does not have to be expensive, there are consumer agencies (such as Consumer Affairs) that can progress issues on behalf of the public.

we saw that with the banks charging penalties for late fees. Those terms and conditions existed for years before someone decided to pursue those.

we also saw some discussion here on AFF around the transfer of points to an inactive account. In the end, the points were reinstated (albeit for a limited period). so terms and conditions should never be accepted at face value.

regarding discussion about the transfer of points after the death of the member (but before QF is notified)... that action could potentially result in criminal liability, particularly if the person doing the transfer is aware of the clause under which points expire on the death of the member.
 
regarding discussion about the transfer of points after the death of the member (but before QF is notified)... that action could potentially result in criminal liability, particularly if the person doing the transfer is aware of the clause under which points expire on the death of the member.

Yes well since I don't like that clause it doesn't apply to me
 
I suspect that this has never been the subject of a specific legal challenge as the legal costs would far outweigh the nominal value of the points.

Yes I suspect you are correct. I also suspect that for every letter written to Fairfax by an irate next of kin another 10 accounts have the points wiped by either 18 months inactivity due to naivety or stupidity and/or failure to notify of death of account holder prior to ensuring transfer of points.
 
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