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.
ANN's Daily Aero-Term (11.29.25): Waypoint
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