Category: Refunds

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

Montreal Convention cancels ticketholders’ canceled ticket claims

June 23, 2016

Papaiyawala v. Saudi Arabian Airlines (E.D.V.A. Apr. 15, 2016).  The plaintiffs, a married couple, had purchased tickets for the wife’s parents to travel from India to New York.  Several days before the outbound flight, Saudia canceled the tickets in response to a fraud alert from the plaintiffs’ credit card company and then initiated the process … More Montreal Convention cancels ticketholders’ canceled ticket claims

Airline obtains summary judgment in case involving passenger assault and false arrest claims

November 30, 2010

Ginsberg v. American Airlines (S.D.N.Y. Sept. 27, 2010).  The plaintiff was a passenger on an American flight from New York (JFK) to Turks and Caicos.  After visiting the restroom during the flight, the plaintiff moved a food cart out of his way so he could return to his seat.  However, a flight attendant had instructed … More Airline obtains summary judgment in case involving passenger assault and false arrest claims

Federal court slices, dices and dismisses ticket-related complaint on subject matter jurisdiction grounds

August 1, 2010

Onyiuke v. Cheap Tickets, Inc. & Virgin Atlantic Airways Limited (D.N.J. Dec. 31, 2009).  In August 2008, the plaintiff purchased a ticket, through CheapTickets.com, for roundtrip travel from Newark Liberty International Airport to Lagos, Nigeria, connecting in Gatwick Airport.  The first segment was to be on a Continental flight in mid-December 2009, and the connecting flight … More Federal court slices, dices and dismisses ticket-related complaint on subject matter jurisdiction grounds

Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay

July 29, 2009

Mullaney v. Delta Air Lines, Inc. (S.D.N.Y. June 3, 2009).  According to the plaintiff, Delta canceled his return flight from Paris to New York due to a strike by employees of Air France (Delta’s codeshare partner) and breached its written promise to reimburse customers who booked substitute flights on other airlines.  In his class action … More Plaintiff avoids preemptive effect of Montreal Convention by court’s holding that claims are for non-performance, not delay

Court’s narrow view of Montreal Convention preemption results in remand to state court

January 31, 2009

Narkiewicz-Laine v. Scandinavian Airlines Systems (N.D. Ill. Sept. 12, 2008).  In his state court complaint, the passenger claimed that (i) the airline’s delay of a certain international flight in March 2008 caused him to miss his connecting flight, and (ii) the airline refused to refund his ticket for an international flight scheduled for June 2006, … More Court’s narrow view of Montreal Convention preemption results in remand to state court

First Circuit ruling confirms that “nonrefundable” tickets are totally nonrefundable

February 10, 2007

Buck v. American Airlines, Inc. (1st Cir. Mass. Feb. 7, 2007).  Some airline customers find it difficult to accept that their “nonrefundable” tickets are truly nonrefundable.  Some have filed lawsuits against airlines, but the courts routinely dismiss these claims as preempted by the federal Airline Deregulation Act (“ADA”), which prohibits the enactment or enforcement of … More First Circuit ruling confirms that “nonrefundable” tickets are totally nonrefundable