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상용고객 우대제도와 소비자보호에 관한 연구 : A Study on the Frequent Flyer Program and Consumer Protection

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Authors

고형석

Issue Date
2009
Publisher
서울대학교 법학연구소
Citation
법학, Vol.50 No.1, pp. 379-417
Keywords
상용고객 우대제도마일리지 제도선포인트 할인제도할부거래, 약관의 변경불공정 약관마일리지의 양도 및 상속Mileage ProgramPre-point Discount SystemAmendment of ClauseTransfer of a Mileage
Abstract
A frequent flyer program is a loyalty program offered by many airlines.

Typically, airline customers enrolled in the program accumulate points corresponding

to the distance flown on that airline. Accrued points can be redeemed for

free air travel(other goods or services) or for increased benefits, such as airport

lounge access or priority bookings. The first modern frequent flyer program was

AAdvantage, initiated in May 1981 by American Airlines. Since then, frequent-flyer

programs have grown enormously. But according as time passes, lots of consumer

damages are occurring, and consideration of legal solutions is pressing in reply.

Origination of these legal problem happens in difference of realization about

mileage most basically. A businessman is recognizing a mileage into a kind of

benefit, but a consumer is recognizing as a right. But legal protection on mileage

should be achieved because mileage is not simple benefit but a right of consumer

Also, a businessman is denying inheritance of mileage, but this right can not

exclude inheritance because it is property rights. Extinctive prescription period of

mileages is 3 years and the starting point of reckoning should be settled a time that

a consumer could use mileages. In amendment of clause as to mileages,

businesses unilateral amendment is not legally binding. Therefore, in case of

satisfying the required conditions, an amended clause comes into effect. A contract

by means of the pre-point discount system amounts to a installment transaction on

the Installment Transaction Act. So, a businessman must fulfill ones duties(duty of

explanation, duty to deliver contractual documents and others) and a consumer

could exercise ones rights(cooling-off, right of defense and others) on Installment...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

https://hdl.handle.net/10371/10270
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