Airlines took in some $22 billion in add-on fees (checked baggage, meals, ticket changes, etc.) last year. Naturally, they are considering other services where fees might apply. A few are actually being considered.
Reservations: online, $5; talk to real person on phone, $10; bad weather cancellation insurance, $15; tarmac delay exit via chute fee, $25; guaranteed reservation, $15; order a champagne meal, $25.
Seat choice: wider (four inches) seat zone, $50; aisle, $15; window, $20; reclining seat, $20 (activated by cabin attendant); quiet zone (no talking allowed) fee, $25; front of the plane coach seating, $15; seat next to your children fee, $5 per child.
Airport check-in: automated, $5; talk to real agent, $10; concourse moving walkway or escalator pass, $10; individual motorized wheelchair available to anyone, $15 (standard wheelchair use remains free); carry-on baggage bin fee, $10 (items fitting under the seat in front of you are free); body mass index (BMI) fee, rising scale $10-$50 (all passengers required to show official current BMI measurement card); purchase bag of coin tokens for on-board use (see below), $10.
Security: go to head of the line fee, $25; full body pat down by TSA person of choice (from daily roster photos posted at metal detector), $20; watch full body scans of other passengers fee, $100.
Boarding: Get on the plane first (limited to 100 passengers) fee, $30.
On board: bag of tokens for coin operated TV, bathroom access including extra toilet paper, vomit bag release, and high or slow speed wi-fi access, $10; use of on-board library (no carry-on reading materials allowed) fee, $10; cabin attendant attention (get served first with a smile) card fee, $15; change of seat (if available) option, $15; drop down oxygen (ensures breathing apparatus works) fee, $50; safe landing fee (basically for the pilots, like the tip jar at Starbucks,) suggested $50.
Destination arrival: get off the plane first (seat belt lock release activated by cabin attendant) fee, $15; luggage carousel fee, $10; first off luggage fee, $10.
With all the new fees, the actual airfare may become a minor consideration; to fee or not to fee, or to fly or not to fly.
Friday, March 11, 2011
FAA Secretly Removes live saving Oxygen Generators from Airline Lavatories...But they Leave the Masks!
FAA secretly removes airline lavatory oxygen generators, flying public put in harms way...again!
Is this actually TRUE, I asked myself, so I asked Mr. Bing. It’s AD 2011-04-09 (We will post the Directive shortly) says, in part,
The AD requires either activating all chemical oxygen generators in the lavatories until the generator oxygen supply is expended, or removing the oxygen generator(s); and, for each chemical oxygen generator, after the generator is expended (or removed), removing or re-stowing the oxygen masks and closing the mask dispenser
door.
So, take out the O2 source, but put the mask back, shut the access door, and walk away, quietly. They say, in effect, “Not to worry, the odds are low.” The odds of requiring oxygen on an airliner are low, unless the situation actually arises. Then, the odds of needing oxygen are exactly the same at every point inside the aircraft. That’s because the time of useful consciousness—the time during which you can still help yourself—drops drastically as altitude rises. Here’s the data on that:

OK, so droning IAD to SFO at 35,000 ft (flight level 350), your TUC is 30 to 60 seconds. In that time, you must find a source of O2, or you will pass out. Period, non-negotiable. In the time approaching the limit, “useful” becomes a less and less relevant term. That is, you may be theoreticially capable of strapping on a mask 30 seconds into the event at FL350, but your mileage may vary with age and physical condition.
So, the FAA is calculating, in fact, that there WILL NOT BE A DECOMPRESSION. If that’s so, then heck, let’s take all the O2 systems out of aircraft. Think of the weight and fuel savings!! Neat!
Is this actually TRUE, I asked myself, so I asked Mr. Bing. It’s AD 2011-04-09 (We will post the Directive shortly) says, in part,
The AD requires either activating all chemical oxygen generators in the lavatories until the generator oxygen supply is expended, or removing the oxygen generator(s); and, for each chemical oxygen generator, after the generator is expended (or removed), removing or re-stowing the oxygen masks and closing the mask dispenser
door.
So, take out the O2 source, but put the mask back, shut the access door, and walk away, quietly. They say, in effect, “Not to worry, the odds are low.” The odds of requiring oxygen on an airliner are low, unless the situation actually arises. Then, the odds of needing oxygen are exactly the same at every point inside the aircraft. That’s because the time of useful consciousness—the time during which you can still help yourself—drops drastically as altitude rises. Here’s the data on that:

OK, so droning IAD to SFO at 35,000 ft (flight level 350), your TUC is 30 to 60 seconds. In that time, you must find a source of O2, or you will pass out. Period, non-negotiable. In the time approaching the limit, “useful” becomes a less and less relevant term. That is, you may be theoreticially capable of strapping on a mask 30 seconds into the event at FL350, but your mileage may vary with age and physical condition.
So, the FAA is calculating, in fact, that there WILL NOT BE A DECOMPRESSION. If that’s so, then heck, let’s take all the O2 systems out of aircraft. Think of the weight and fuel savings!! Neat!
Tuesday, March 8, 2011
As Winter Storms pound Chicago and New England, FlyersRights.org is here to help!
At O’Hare, where more than 1,300 flights were canceled Tuesday, most airlines have indicated little or no flights will operate Wednesday.
Despite the canceled flights, both O’Hare and Midway International Airports remain open, according to the aviation department.
Travelers are advised to check their airlines’ websites for flight status before hearing to the airports. For flights that are able to depart, passengers are encouraged to arrive early at the airport -- at least two hours before flight time, the release said.
Many airlines are offering re-accomodations at no extra charge when winter storms threaten to cancel flights, so check the airlines website or call FlyersRights.org for help at (877) 359-3776.
Despite the canceled flights, both O’Hare and Midway International Airports remain open, according to the aviation department.
Travelers are advised to check their airlines’ websites for flight status before hearing to the airports. For flights that are able to depart, passengers are encouraged to arrive early at the airport -- at least two hours before flight time, the release said.
Many airlines are offering re-accomodations at no extra charge when winter storms threaten to cancel flights, so check the airlines website or call FlyersRights.org for help at (877) 359-3776.
Tuesday, February 22, 2011
MESSAGE TO PRESIDENT: SUPPORT FREEDOM FOR THE LIBYAN PEOPLE AND JUSTICE FOR GADDAFI
PRESS RELEASE BY FAMILIES OF PAN AM 103/LOCKERBIE RE LIBYAN REVOLT
For Release: February 22, 2011 , for More Information Contact Paul Hudson 410-940-8934 or Victoria Cummock 305-725-7021
MESSAGE TO PRESIDENT: SUPPORT FREEDOM FOR THE LIBYAN PEOPLE AND JUSTICE FOR GADDAFI
Libyan dictator Gaddafi and his henchmen have acknowledged responsibility for the murder hundreds of Americans (including 270 in the bombing of Pan Am 103 and 170 in the bombing of the French UTA airliner as well as other Westerners in terrorist attacks), plus thousands of Libyans in his 40+ years in power. Gaddafi has declared he will now use genocide against his own people to stay in power. Currently, Libya’s diplomats have resigned en mass and called on the UN Security Council to act against Gaddafi.
UN resolutions require action to stop genocide by national leaders against their own people.
In 2004, Libya formally promised the UN it would fully cooperate in the criminal investigation of its terrorist acts as a condition of the lifting of UN sanctions for its longstanding support of terrorism. Instead, the Gaddafi regime ignored this commitment with the consent of the US and UK governments. Subsequently Gaddafi was rewarded with billions of dollars of commercial oil contracts.
In 2009, these oil companies successfully lobbied the UK government for the release of Libyan security agent Megrahi, convicted of the murder of 270 in the Pan Am 103 bombing and a key potential witness against Gaddafi regime leaders, based on bogus claims of imminent death. Megrahi was greeted as a hero by the Gaddafi regime and now resides in a villa near Tripoli courtesy of the regime.
So far the President of the United States has been mum. “It is time for President Obama to declare unequivocally that the United States stands with the people of Libya, NOT with the murderous Gadafi regime. This is a pivotal moment in Middle East and human rights history.”
“The regime has admitted that it has lost control of the eastern part of the country, its diplomats, parts of the military and major tribes; it has clearly lost legitimacy. The US should suspend its recognition of the Gaddafi regime until a new government emerges,” said Paul Hudson and Victoria Cummock, co-presidents of the Families of Pan Am 103/Lockerbie and a long time advocates for airline passenger and terrorist victim rights.
The UN Security Council must to live up the principles in its Charter and resolutions that require collective security to stop genocide. It should impose a no fly zone over Libya to prevent massacre of protestors and air lifting of mercenaries being employed by Gaddafi to kill demonstrators. The UN should also remind Gaddafi and his loyalists that war crimes will be prosecuted and punished in the International Criminal Court. This type of international action was helpful in quelling genocide by Saddam Hussein in Iraq and Milosevic in Bosnia. UN 1993 mandatory sanctions against the Gaddafi regime starting were successful, causing termination of his WMD programs and support for most terrorism.
Gaddafi has long impoverished his people by appropriating most of Libya’s billions oil revenue. US national security and economic interests now favor supporting the people of Libya. Any new regime will not look kindly on the US and UK if they support of Gaddafi with inaction while he commits mass murder of his own people. –END-
For Release: February 22, 2011 , for More Information Contact Paul Hudson 410-940-8934 or Victoria Cummock 305-725-7021
MESSAGE TO PRESIDENT: SUPPORT FREEDOM FOR THE LIBYAN PEOPLE AND JUSTICE FOR GADDAFI
Libyan dictator Gaddafi and his henchmen have acknowledged responsibility for the murder hundreds of Americans (including 270 in the bombing of Pan Am 103 and 170 in the bombing of the French UTA airliner as well as other Westerners in terrorist attacks), plus thousands of Libyans in his 40+ years in power. Gaddafi has declared he will now use genocide against his own people to stay in power. Currently, Libya’s diplomats have resigned en mass and called on the UN Security Council to act against Gaddafi.
UN resolutions require action to stop genocide by national leaders against their own people.
In 2004, Libya formally promised the UN it would fully cooperate in the criminal investigation of its terrorist acts as a condition of the lifting of UN sanctions for its longstanding support of terrorism. Instead, the Gaddafi regime ignored this commitment with the consent of the US and UK governments. Subsequently Gaddafi was rewarded with billions of dollars of commercial oil contracts.
In 2009, these oil companies successfully lobbied the UK government for the release of Libyan security agent Megrahi, convicted of the murder of 270 in the Pan Am 103 bombing and a key potential witness against Gaddafi regime leaders, based on bogus claims of imminent death. Megrahi was greeted as a hero by the Gaddafi regime and now resides in a villa near Tripoli courtesy of the regime.
So far the President of the United States has been mum. “It is time for President Obama to declare unequivocally that the United States stands with the people of Libya, NOT with the murderous Gadafi regime. This is a pivotal moment in Middle East and human rights history.”
“The regime has admitted that it has lost control of the eastern part of the country, its diplomats, parts of the military and major tribes; it has clearly lost legitimacy. The US should suspend its recognition of the Gaddafi regime until a new government emerges,” said Paul Hudson and Victoria Cummock, co-presidents of the Families of Pan Am 103/Lockerbie and a long time advocates for airline passenger and terrorist victim rights.
The UN Security Council must to live up the principles in its Charter and resolutions that require collective security to stop genocide. It should impose a no fly zone over Libya to prevent massacre of protestors and air lifting of mercenaries being employed by Gaddafi to kill demonstrators. The UN should also remind Gaddafi and his loyalists that war crimes will be prosecuted and punished in the International Criminal Court. This type of international action was helpful in quelling genocide by Saddam Hussein in Iraq and Milosevic in Bosnia. UN 1993 mandatory sanctions against the Gaddafi regime starting were successful, causing termination of his WMD programs and support for most terrorism.
Gaddafi has long impoverished his people by appropriating most of Libya’s billions oil revenue. US national security and economic interests now favor supporting the people of Libya. Any new regime will not look kindly on the US and UK if they support of Gaddafi with inaction while he commits mass murder of his own people. –END-
Monday, February 7, 2011
US Airways Policy Change
You'd best be sitting.
US has decided not to waive its $25 fee to use an agent EVEN during a weather event when the change fee is waived.
Unbelievable right?
US has decided not to waive its $25 fee to use an agent EVEN during a weather event when the change fee is waived.
Unbelievable right?
Wednesday, January 26, 2011
The Lesson of Domodedovo: Find the Bombers, Not the Bombs

On January 6th, the Electronic Privacy Information Center (EPIC) hosted a conference titled “The Stripping of Freedom—a Careful Scan of TSA Security Procedures.” I was honored to speak at this event. It was an inspiring demonstration of people with divergent political views coming together on an issue of national importance. Each speaker had a unique perspective, but I joined the likes of Ralph Nader, Stanford law professor Chip Pitts, and security expert Bruce Schneier in saying one thing--the new TSA measures are wrong.
The FlyersRights.org position has always been clear. As we’ve stated in press releases and countless media interviews over the last few months, air travel security is essential, but requires measures designed to enhance security that are effective, safe, and constitutional. I joined with all the other conference speakers in pointing out that none of those things are true of the present measures.
And now, another terror attack has killed 35 innocent people and injured nearly 200 more. To those of you who are even now reaching for your keyboard to write “How will you feel when the next airliner crashes because of your views,” I say this: How do you feel now that terrorists have struck again, sidestepping the very kinds of security measures that you insist will secure your safety? If you had been at Domodedovo today, how safe would you have been?
The lesson we must learn from the Moscow tragedy is the point made by Bruce Schneier in his recent NY Times op-ed piece. Here’s what he said:
A short history of airport security: We screen for guns and bombs, so the terrorists use box cutters. We confiscate box cutters and corkscrews, so they put explosives in their sneakers. We screen footwear, so they try to use liquids. We confiscate liquids, so they put PETN bombs in their underwear. We roll out full-body scanners, even though they wouldn’t have caught the Underwear Bomber, so they put a bomb in a printer cartridge. We ban printer cartridges over 16 ounces — the level of magical thinking here is amazing — and they’re going to do something else.
That “something else” happened in Moscow on January 24th. Let me say it again: of course we want security, but we need security measures that are actually effective, not measures that are simply security theater.
We need to find the bombers, not the bombs. The DHS needs to learn that most of us are honest citizens and stop treating each and every one of us as a potential terrorist. We need to honestly face up to the complex, daunting task of actually protecting ourselves, and we must stop grasping for solutions based on questionable technology. We need the DHS to apply the more than a third of a billion dollars we’ve thrown at them to actually finding solutions to this problem.
The DHS and TSA have met with almost every stakeholder in this issue, save one—airline travel consumers. FlyersRights, Ralph Nader’s Center for Study of Responsive Law, and the Electronic Privacy Information Center stand ready to work with the TSA to develop effective procedures that take into account the concerns of all flyers, and to help them understand the discontent their actions to date have caused in the flying public. FlyersRights.org runs a full time hotline where we handle issues for all air travellers. We do this free of charge. It is a great honor to help all air travellers to navigate the very hostile waters that both TSA and air travel present for us all.
Wednesday, January 12, 2011
0 Tarmac Delays of over 3 hours for November!
0 Tarmac Delays of over 3 hours for November!
Two months of 0 Tarmac Strandings for Domestic Flights, isn’t it time Passengers on International flights have the same rights?
Napa, CA (January 11, 2010)—Flyersrights.org: Today newly released data from U.S. Department of Transportation clearly demonstrates significant success for the DOT’s 3 Hour Tarmac Rule for domestic flights, enacted in April 29, 2010. The commercial airlines continue to claim that the 3 Hour Rule, which requires that commercial aircraft return to the gate after a period of 3 hours of delay on the tarmac, would cause mass cancellations and virtual Armageddon for airline passengers. This ignores the fact that international flights, which are currently not subjected to the Rule, were stranded en masse at JFK airport two weeks ago for up to 12 hours on the tarmac because they aren’t afforded the protections that our domestic flights are afforded.
“The horrifying stories of stranded international flights over the holidays, with passengers in some cases being forced against their will to sit on aircraft for 12 hours after a 14 hour flight, were completely avoidable. said Kate Hanni, Executive Director FlyersRights.org. “The rights that people in this country enjoy are not based upon their point of origin but rather on principle and values of common decency—denying people access to food, water and medications over long periods of time is just plain wrong and must be stopped regardless of where a flight originates.”
“Airline Passengers are human beings, not cargo, and they must be afforded certain basic human rights when traveling by air,” added Hanni.
The Air Travel Consumer Report can be found on DOT’s World Wide Web site at http://airconsumer.dot.gov. It is available in “pdf” and Microsoft Word format.
November was the second month in a row that the nation’s largest airlines reported no flights with tarmac delays of more than three hours, while the carriers reported only a slight increase in the rate of canceled flights during the month, according to the Air Travel Consumer Report released today by the U.S. Department of Transportation (DOT). This past October and November were the only months with no tarmac delays of more than three hours by the reporting carriers since the Department began collecting more comprehensive tarmac delay data in October 2008.
“The DOT has hit a home run for travelers with the 3 hour rule. We hope they move swiftly to announce their new rule further enhancing airline passengers rights by giving International flights the same protections afforded our domestic flights.”
“While the Regulation is an important protection, its vital that the new Congress move quickly to both include the airline passengers bill of rights in the FAA Modernization Bill and pass it quickly so that airline passengers have permanent, enforceable and sustainable rights.” said Kate Hanni
You do the math: Following link is a Ranking of Airline Performance since 1995: http://www.flyersrights.org/table.pdf
FlyersRights.org with a full time 24/7 FREE hotline; volunteers ready to help 24/7 1-877-359-3776.
Two months of 0 Tarmac Strandings for Domestic Flights, isn’t it time Passengers on International flights have the same rights?
Napa, CA (January 11, 2010)—Flyersrights.org: Today newly released data from U.S. Department of Transportation clearly demonstrates significant success for the DOT’s 3 Hour Tarmac Rule for domestic flights, enacted in April 29, 2010. The commercial airlines continue to claim that the 3 Hour Rule, which requires that commercial aircraft return to the gate after a period of 3 hours of delay on the tarmac, would cause mass cancellations and virtual Armageddon for airline passengers. This ignores the fact that international flights, which are currently not subjected to the Rule, were stranded en masse at JFK airport two weeks ago for up to 12 hours on the tarmac because they aren’t afforded the protections that our domestic flights are afforded.
“The horrifying stories of stranded international flights over the holidays, with passengers in some cases being forced against their will to sit on aircraft for 12 hours after a 14 hour flight, were completely avoidable. said Kate Hanni, Executive Director FlyersRights.org. “The rights that people in this country enjoy are not based upon their point of origin but rather on principle and values of common decency—denying people access to food, water and medications over long periods of time is just plain wrong and must be stopped regardless of where a flight originates.”
“Airline Passengers are human beings, not cargo, and they must be afforded certain basic human rights when traveling by air,” added Hanni.
The Air Travel Consumer Report can be found on DOT’s World Wide Web site at http://airconsumer.dot.gov. It is available in “pdf” and Microsoft Word format.
November was the second month in a row that the nation’s largest airlines reported no flights with tarmac delays of more than three hours, while the carriers reported only a slight increase in the rate of canceled flights during the month, according to the Air Travel Consumer Report released today by the U.S. Department of Transportation (DOT). This past October and November were the only months with no tarmac delays of more than three hours by the reporting carriers since the Department began collecting more comprehensive tarmac delay data in October 2008.
“The DOT has hit a home run for travelers with the 3 hour rule. We hope they move swiftly to announce their new rule further enhancing airline passengers rights by giving International flights the same protections afforded our domestic flights.”
“While the Regulation is an important protection, its vital that the new Congress move quickly to both include the airline passengers bill of rights in the FAA Modernization Bill and pass it quickly so that airline passengers have permanent, enforceable and sustainable rights.” said Kate Hanni
You do the math: Following link is a Ranking of Airline Performance since 1995: http://www.flyersrights.org/table.pdf
FlyersRights.org with a full time 24/7 FREE hotline; volunteers ready to help 24/7 1-877-359-3776.
Tuesday, January 4, 2011
The Stripping of Freedom: A Careful Scan of TSA Security Procedures"
"The Stripping of Freedom: A Careful Scan of TSA Security Procedures"
WHEN: Thursday January 6, 2011, 8:30 am Registration
WHERE: The Carnegie Institute for Science – 1530 P St. N.W. Washington, DC
WHO: Electronic Privacy Information Center (EPIC), Center for the Study of Responsive Law (CSRL)
WHAT: The press is invited to a one-day public conference devoted to an assessment of the TSA airport security procedures.
Experts in law, aviation security, and health safety, advocates for flyers rights, privacy protection, and religious freedom, as well as lawmakers and policy advisors will participate in the event. The event will also include a rich media display, with images from airport protests, YouTube videos, and campaign materials.
A link to the live stream of the conference will be available on the event website at http://epic.org/events/tsa/. Remote viewers will be able to ask questions and participate via twitter by tweeting #ScanTSA
Speakers include:
Ralph Nader, consumer advocate
Nadhira Al-Khalili, CAIR
David Greenfield, New York City Councilman
Kate Hanni, Flyers Rights
Jim Harper, CATO
Michael Roberts, Airline Pilot
Prof. Jeffrey Rosen, GWU
Marc Rotenberg, EPIC
Bruce Shneier, Security Expert
For more information:
http://epic.org/events/tsa/ and http://twitter.com/ScanTSA
Registration:
http://epic.org/events/tsa/registration.php
CONTACT:
Amie Stepanovich
National Security Fellow
Electronic Privacy Information Center
stepanovich@epic.org
202-483-1140 (Ext. 120)
WHEN: Thursday January 6, 2011, 8:30 am Registration
WHERE: The Carnegie Institute for Science – 1530 P St. N.W. Washington, DC
WHO: Electronic Privacy Information Center (EPIC), Center for the Study of Responsive Law (CSRL)
WHAT: The press is invited to a one-day public conference devoted to an assessment of the TSA airport security procedures.
Experts in law, aviation security, and health safety, advocates for flyers rights, privacy protection, and religious freedom, as well as lawmakers and policy advisors will participate in the event. The event will also include a rich media display, with images from airport protests, YouTube videos, and campaign materials.
A link to the live stream of the conference will be available on the event website at http://epic.org/events/tsa/. Remote viewers will be able to ask questions and participate via twitter by tweeting #ScanTSA
Speakers include:
Ralph Nader, consumer advocate
Nadhira Al-Khalili, CAIR
David Greenfield, New York City Councilman
Kate Hanni, Flyers Rights
Jim Harper, CATO
Michael Roberts, Airline Pilot
Prof. Jeffrey Rosen, GWU
Marc Rotenberg, EPIC
Bruce Shneier, Security Expert
For more information:
http://epic.org/events/tsa/ and http://twitter.com/ScanTSA
Registration:
http://epic.org/events/tsa/registration.php
CONTACT:
Amie Stepanovich
National Security Fellow
Electronic Privacy Information Center
stepanovich@epic.org
202-483-1140 (Ext. 120)
Sunday, January 2, 2011
The Stripping of Freedom: A Careful Scan of TSA Security Procedures
January 6, 2011
The Carnegie Institute for Science
1530 P St., NW
Washington, DC
Featured Speakers:
■Ralph Nadar
■Rep. Jason Chaffetz (invited)
■Rep. Rush Holt (invited)
■Nadhira Al-Khalili
■David Greenfield
■Kate Hanni
■Prof. Jeffrey Rosen
■Bruce Schneier
Michael Roberts
This one-day public conference will be devoted to an assessment of the TSA airport security procedures and recommendations for reform. Experts in law, aviation security, and health safety, advocates for flyers rights, privacy protection, and religious freedom, as well as lawmakers and policy advisors will participate in the event. The event will also include a rich media display, with images from airport protests, YouTube videos, and campaign materials.
Advance registration is preferred.
The Carnegie Institute for Science
1530 P St., NW
Washington, DC
Featured Speakers:
■Ralph Nadar
■Rep. Jason Chaffetz (invited)
■Rep. Rush Holt (invited)
■Nadhira Al-Khalili
■David Greenfield
■Kate Hanni
■Prof. Jeffrey Rosen
■Bruce Schneier
Michael Roberts
This one-day public conference will be devoted to an assessment of the TSA airport security procedures and recommendations for reform. Experts in law, aviation security, and health safety, advocates for flyers rights, privacy protection, and religious freedom, as well as lawmakers and policy advisors will participate in the event. The event will also include a rich media display, with images from airport protests, YouTube videos, and campaign materials.
Advance registration is preferred.
Friday, December 31, 2010
Airline Passenger Compensation Rights on International Flights
Airline Passenger Compensation Rights on International Flights
Copyright 2008
Paul S. Hudson, Esq. (Executive Board Member FlyersRights.org)
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) Strict liability for bodily injury or death incurred on board the aircraft or in the course of embarking or disembarking, up to approximately $160,000 in compensation. A passenger does not have to prove negligence or fault by the airline. However, damages may be reduced for contributory negligence or wrongful acts by the passenger.
For damages over $160,000, an airline may use the defense that it was not negligent or did not engage in wrongful conduct, or the damages were solely due to negligence or wrongful acts of a third party.
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. .
3) 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.
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.
This short article is for informational purposes only and does not constitute legal advice. Anyone seeking legal advice should consult with an attorney of their choice. The text of the Montreal Convention is available on the internet at http://www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/doc.html The US dollar amounts specified in this article 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.
Copyright 2008
Paul S. Hudson, Esq. (Executive Board Member FlyersRights.org)
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) Strict liability for bodily injury or death incurred on board the aircraft or in the course of embarking or disembarking, up to approximately $160,000 in compensation. A passenger does not have to prove negligence or fault by the airline. However, damages may be reduced for contributory negligence or wrongful acts by the passenger.
For damages over $160,000, an airline may use the defense that it was not negligent or did not engage in wrongful conduct, or the damages were solely due to negligence or wrongful acts of a third party.
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. .
3) 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.
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.
This short article is for informational purposes only and does not constitute legal advice. Anyone seeking legal advice should consult with an attorney of their choice. The text of the Montreal Convention is available on the internet at http://www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/doc.html The US dollar amounts specified in this article 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.
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