Flyers Rights Claims Stranded Int'l Pax May be Owed Compensation | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

Airborne Unlimited -- Recent Daily Episodes

Episode Date

Monday

Tuesday

Wednesday

Thursday

Friday

Airborne On ANN

Airborne 07.20.15

Airborne 07.21.15

Airborne 07.22.15

Airborne 07.23.15

Airborne 07.24.15

Airborne Hi-Def On YouTube

Airborne 07.20.15

Airborne 07.21.15

Airborne 07.22.15

Airborne 07.23.15

Airborne 07.24.15

EAA/ANN AirVenture Innovation Preview

AIP-#1 Vimeo

AIP-#2 Vimeo

AIP-Part 1 YouTube

AIP-Part 2 YouTube

Sun, Jan 02, 2011

Flyers Rights Claims Stranded Int'l Pax May be Owed Compensation

International Victims May Have Rights to Compensation For Huge Delays at JFK

Flyers Rights has weighed in on the recent stranding of a great number of international airline passengers in the recent 'snowpocalypse' in the New York area... They claim that 'International airline passengers, under the Montreal Convention of 1999 ratified by the U.S. in 2003 (and which replaced the Warsaw Convention), now have legal rights that are in some ways superior to the rights of passengers on U.S. domestic flights. International air travel covered by this treaty includes any ticketed trip with stopping, departure or destination points in two or more countries.'

These rights include:

1) Airlines are liable for damages caused by delay in the transporting of passengers or cargo up to $6,640, unless the airline proves that it took all reasonable measures to prevent the damage caused by delay or that it was impossible for them to take such measures.

2) For lost or damaged or delayed baggage, the airline liability is generally limited to $1,640 per passenger, unless the passenger has handed the airline a special interest declaration and paid any supplementary fee.

No airline is permitted by contract to assert lower liability limits for international air travel than those provided for in the Montreal Convention and any such contract terms are void. In general, state common law tort or statutory actions are now preempted, as most courts now view the Montreal Convention as the exclusive remedy for claims arising out of international air transportation.

Time Limits

Legal actions on all claims must be brought within two (2) years of the incident. However, in addition, complaints to the airline for baggage damage claims must be made within 7 days, for cargo damage within 14 days of the date of receipt by the passenger. For baggage or cargo delay claims, the passenger must file a complaint with the airline within 21 days of receipt. Complaint to the airline must be made in writing and delivered or sent within the time limits or the claim is barred except in case of fraud by the airline.

Jurisdiction

Courts that have jurisdiction for passenger actions against airlines under the Montreal Convention include US federal district courts and other courts where the passenger has his/her primary and permanent residence, where the airline is domiciled (incorporated) or has its principal office, the final destination location of the flight, or where the airline has a place of business through which the ticket was purchased.

The US dollar amounts specified are based on the conversion to US dollars from the Special Drawing Rights units used in the Convention as of February 22, 2008. This conversion is posted daily on the International Monetary Fund web site.

FMI: www.flyersrights.org

Advertisement

More News

Airborne At OSH15 Day 5 Redux: Inhofe's Mission, NextGen GA Fund, New Kitfox

Also: Cicare 8, Switchblade Update, Beringer Alaskan Bush Gear, Jack Pelton Interview - Final E-I-C Note: Regularly Daily Airborne Unlimited Programming will resume this Monday now>[...]

Aero-News: Quote Of The Day (08.02.15)

"This is a prime example of where the synergies from the Orbital ATK merger are providing real benefits to our customers, by being able to deploy one launch team that possesses exp>[...]

Transaero Airlines Receives Its First A321

Airliner On Lease From ICBC Leasing Of China Transaero Airlines has taken delivery of its first Airbus A321 as a result of a long-term leasing agreement between the airline and ICB>[...]

October Conference Will Focus On Rotorcraft Certification Standards

Safety, ADS-B, HTAWS, Flight Data Monitoring All On The Agenda The first Rotorcraft Certification Summit is being planned for October 27th in Dallas, with organizers are expecting >[...]

Raytheon, Partners Develop Low-Cost, High-Tech Airframe For USAF Decoy

Airborne Deployed Decoys Can Drive The Bad Guys Crazy And Protect The Good Guys If you’re on the attack in any aircraft that is less than 100 percent stealth, avoiding being >[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2015 Web Development & Design by Pauli Systems, LC