International Passengers Are Entitled
To Compensation For Tarmac Delays
January 3, 2011 - International airline passengers,
under the Montreal Convention of 1999 ratified by the
International air travel covered by this treaty includes
any ticketed trip with stopping, departure or
destination points in two or more countries. These
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.
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.
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
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.
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.
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.
In The U.S. on
April 29, 2010, the United States DOT band airlines from allowing
aircraft to sit out on the tarmac with passengers for more than three
hours. The consequence under this new rule is airlines would have to pay
$27,500 for each passenger stuck for more than three hours on the
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