Category: Conditions of carriage

Customer’s early boarding fee claim eludes airline’s ADA preemption defense

January 23, 2021

Klutho v. Southwest Airlines Co. (E.D. Mo. Nov. 13, 2020).  In his state court class action complaint, the plaintiff alleged that Southwest had canceled his flight and rebooked him on another flight but did not refund the fee he had paid for “EarlyBird Check-In” on the canceled flight, requiring him to pay an additional fee … More Customer’s early boarding fee claim eludes airline’s ADA preemption defense

Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

October 10, 2020

McGarry v. Delta Air Lines, Inc. (9th Cir. July 17, 2020).  Through a malware attack, hackers accessed credit and debit card information, mailing addresses and other personal information of users of Delta’s website.  One user brought a class action complaint against Delta and [24]7, “a chat service that Delta retained to interact with customers through … More Ninth Circuit affirms dismissal of customer’s claims arising from malware attack

Schengen Agreement argument fails to support customer’s refusal to transport claim

February 19, 2020

Gleissner v. Air China Airlines Limited (S.D.N.Y. Feb. 6, 2020).  For a flight from Barcelona to Vienna, Air China refused to allow a member of the plaintiff’s entourage to check in because she lacked a valid visa to enter Austria.  The ticketholder held a single-entry visa for the Schengen Area, an area in Europe that, … More Schengen Agreement argument fails to support customer’s refusal to transport claim

Appeals court enforces air waybill liability limit in case alleging injury to exotic cat

July 15, 2018

Lentini v. Delta Air Lines, Inc. (NY App. Div. 2nd Dept. Mar. 14, 2018).  The plaintiff, a New York resident, had purchased a “Savannah silver spotted kitten” from a Florida kennel for $2,300.  She planned to train “Prince Maddox” to compete in “cat shows where he would have been eligible to win prizes upwards of … More Appeals court enforces air waybill liability limit in case alleging injury to exotic cat

Federal appeals court rules that “nonrefundable” means . . . nonrefundable

March 8, 2018

Martin v. United Airlines, Inc. (10th Cir. Feb. 21, 2018).  After buying several “nonrefundable” tickets via United’s website, the customers/plaintiffs, a married couple, canceled their reservations before the ticketed departure dates.  They alleged they attempted, without success, to make new reservations within the one-year deadline set forth in United’s Contract of Carriage for booking a new … More Federal appeals court rules that “nonrefundable” means . . . nonrefundable

Court enforces conditions of carriage in missing jewelry lawsuit

July 10, 2017

Hekmat v. U.S. Transportation Security Administration and JetBlue Airways Corporation (S.D.N.Y. Mar. 29, 2017).  Before her flight from JFK to LAX, the passenger/plaintiff packed eight rings worth over $95,000 in her “Rimowa hard shell suitcase with integrated lock system,” which she then checked with JetBlue.  After retrieving the bag at LAX, the plaintiff “immediately” opened … More Court enforces conditions of carriage in missing jewelry lawsuit

Air cargo carrier enforces contractual liability limitation against shipper’s claim

October 28, 2016

Golden Hawk Metallurgical, Inc. v. Federal Express Corporation (E.D. Mich. Oct. 4, 2016).  The plaintiff, a metal refinery, shipped two packages to its customers via FedEx.  According to the plaintiff, the packages contained gold and diamonds valued over $33,000, but the plaintiff did not declare any value for either shipment.  The plaintiff alleged that FedEx … More Air cargo carrier enforces contractual liability limitation against shipper’s claim

Airline that took all reasonable measures in response to bird strike not liable for international travel delay

September 15, 2016

Bernfeld v. US Airways, Inc. (N.D. Ill. Apr. 20, 2016).  The plaintiffs, three family members, were traveling from Israel to Chicago, with a connection in Philadelphia.  The US Airways aircraft that was to operate the connecting flight sustained a bird strike en route to Philadelphia and was removed from service so the airline could conduct … More Airline that took all reasonable measures in response to bird strike not liable for international travel delay

Airline’s conditions of carriage withstand tropical storm

February 19, 2015

Chen v. China Eastern Airlines Co., Ltd. (N.Y. City Civ. Nov. 20, 2014).  The passenger/plaintiff bought a six-segment China Eastern ticket from an online travel agent.  After taking the first two flights (New York to Shanghai and Shanghai to Manila), the plaintiff took a side trip in the Philippines on a different airline.  The plaintiff … More Airline’s conditions of carriage withstand tropical storm

Conditions of carriage withstand tort claims by delayed passengers

February 1, 2012

Lavine v. American Airlines, Inc. (Md. Special App. Dec. 1, 2011).  Using aa.com, the plaintiffs bought two American Airlines tickets for roundtrip transportation originating and terminating at Reagan National Airport, with an intermediate stop at Key West International Airport.  Their outbound itinerary included a connecting flight from Miami International Airport to Key West.  They received an … More Conditions of carriage withstand tort claims by delayed passengers