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상용고객 우대제도와 소비자보호에 관한 연구 : A Study on the Frequent Flyer Program and Consumer Protection
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- Authors
- Issue Date
- 2009
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.50 No.1, pp. 379-417
- Keywords
- 상용고객 우대제도 ; 마일리지 제도 ; 선포인트 할인제도 ; 할부거래, 약관의 변경 ; 불공정 약관 ; 마일리지의 양도 및 상속 ; Mileage Program ; Pre-point Discount System ; Amendment of Clause ; Transfer 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
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