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How to avoid paying higher rate APD

British Midland are exploiting a loophole so that business class passengers only have to pay the standard rate of APD. They have removed the partitions which demarcate ecomony and business class. I can’t understand this as the business class passengers are still gaining access to lounges and receiving a higher standard of on board catering. Therefore how can they claim that, solely on the grounds that the partition is no longer there, it is now a one class plane? At present passengers travelling with airlines which only have one class, even if it is all business class, such as with Silverjet, pay the lower rate. However with that scenario everyone on the plane is receiving the same treatment.

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