Legal Question in Aviation Law in

Delays

travelling to Cancun for a vacation -leaving from Toronto - flight supposed to land in Dallas - diverted due to bad weather - landed instead in Austin, Texas - by the time arrived in Austin, missed connecting flight to Cancun - stranded in Austin Texas for three days - Airline paid for hotel in Austin - missed 3 of their 7 days in Cancun - loss on enjoyment - many other incidental expenses (luggage was sent on to Cancun - left with no luggage for 3 days)- airline sent vouchers for $100.00 per person - does not even come close to compensating for losses - others on same flight received vouchers for $700.00 per person

is there a remedy against the airline company??


Asked on 8/02/00, 10:05 am

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Delays

Airlines are governed by tariffs, which provide the penalities for lost bags, missed connections, etc. Check the tariff where you purchased your ticket [they have one at the gate] to see what your remedies are.

It seems that those in the same situation should be compensated about the same, but who knows what the airlines will do.

Don't be surprised to find the airline liability for such things as lost bags is woefully low if you did not declare a larger value before flying or if you did not purchase insurance against the loss.

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Answered on 9/12/00, 8:28 pm
Michael McDaniel Countryman & McDaniel

Re: Delays

I must disagree with our friend Charles Aspinwall, Esq. that your claim is controled by an airline tariff. Although the lines do have "service guides" which state their claim rules these tariffs were done away with many years ago, when the U.S. domestic air industry was dregulated by Congress.

Your flight was Int'l and is governed by the Warsaw Convention. Please consult the "Air Claims" section of our web page - http://www.CargoLaw.com for a full text of this important international treaty. You will see the maximum amounts payable for lost luggage. Generally, I think the airline has compensated you well. Be "happy" -- the airline lost quite a bit more than you did.

This said, a guiding principle of all Int'l transport law is that carriers are not responsible for true weather related problems. These are considered "Acts of God", for which the airline can't be held responsible. Next time buy travel insurance -- which takes into consideration the fact that no airline controls the weather.

Sorry, but the answer to your question is that there is no claim here.

McD

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Answered on 9/14/00, 12:16 am


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