Penalty for Not Renewing BA Amex Black Card

mrodwell

Hi,
I was wondering if I could get the thoughts of the forum on something that seems like a very unfair anti-consumer term.
I have had the BA Amex Black card for the past five years. I have found that I haven't been able to take advantage of the main perk, which is the 2-for-1 companion voucher, as flights that I would actually use are rarely available and I have had two simply expire in the past. I have a couple of unused companion vouchers sitting in my account at the moment. I decided to canel the card rather than pay the £200 fee again. I was told by the Amex customer representative that if I cancellled my Black card I could no longer use the 2-for-1 companion vouchers that I have earned.
I am a lawyer (not a consumer credit one though) and this seems like an inherently unfair term that effectively negates the past benefit of having the card if I ever cancel it and still have unused companion vouchers. 
What does the forum think? 
Thanks
Matt

LordSomebody

Isn’t this akin to a membership benefit which isn’t usable once you’re no longer a member? The rewards are likely to only grant the holder the right to use them for as long as the contract exists. You’re ending the contract by cancelling.

mrodwell

LordSomebody said:

Isn’t this akin to a membership benefit which isn’t usable once you’re no longer a member? The rewards are likely to only grant the holder the right to use them for as long as the contract exists. You’re ending the contract by cancelling.

I suppose my point is that the benefit has already been earned by the annual fee I have paid and the money spent on the card. The vouchers have an expiry date and sit outside of the Amex system in my BA Executive Club. It just feels a bit "spiteful" for want of a better word. 

[Deleted User]

It seems fine from a legal perspective and also not a wildly unusual clause.

.And given you don't use the vouchers, I wouldn't worry about it too much.

quackers82

I'm 99% sure that once you spend the £10,000 in a year the voucher gets put on your BA account and its there for 2 years and does not matter if you cancel your card, the voucher stays. The issue is when using the voucher you have to pay with an American Express card, it says BA Amex , but others have managed to use any Amex this might be why you were told you won't be able to use the voucher. Work around is apply for the fee free Amex card and use that to pay. 

Speedbird676

You can downgrade to the free BA Amex card, rather than cancel completely, to protect the already earned vouchers in your account.

D3xt3r5L4b

As above - downgrade to the free card and retain the vouchers. 

mrodwell

Thanks for the relies and all very helpful. I think the customer representative was slightly misleading. My wife still has the BA Amex Black and I may also downgrade to the Blue, so those are both options for using the vouchers.

Speedbird676

From the relevant wiki on Flyertalk:

Q: Does cancelling my BA American Express card mean I will lose the voucher? Does downgrading my BA American Express Premium Plus card to the Classic card mean I will lose my voucher?
A: No. Contrary to what American Express will tell you, you will keep the voucher if you cancel the card entirely, and similarly your voucher will retain its two year validity if you downgrade from the Premium Plus card to the Classic Card. Remember though that you will need to pay the taxes and fees on an American Express card, so it may be worth asking to downgrade the Premium Plus to the Classic card for this purpose if you don’t hold another Amex.

Time4T_Accounts

As a lawyer, the OP is perhaps well positioned to read and understand the Ts & Cs to which (s)he signed up, and could perhaps then clarify it for the benefit of the forum ...?