Delays

Michael Wukoschitz's picture

USA: DOT fines Qantas for not informing passengers of opportunity to leave delayed aircraft

The U.S. Department of Transportation (DOT) announced that Qantas Airways violated federal rules last March by not informing passengers on a delayed aircraft at Dallas/Fort Worth International Airport that they had the opportunity to leave the plane as it sat at the gate for an extended period of time with the door open.  DOT fined Qantas USD 90,000 and ordered the airline to cease and desist from further violations.

Michael Wukoschitz's picture

USA: DOT fines United Airlines USD 1.1 million for lengthy tarmac delays

The U. S. Department of Transportation (DOT) on Oct. 25, 2013, fined United Airlines USD 1.1 million for lengthy tarmac delays that took place at Chicago-O’Hare International Airport on July 13, 2012.   The airline was ordered to cease and desist from future violations of the tarmac-delay rule. This is the largest fine assessed for a tarmac-delay violation since the rule limiting long tarmac delays first took effect in April 2010.

Michael Wukoschitz's picture

CJEU Advocate General: a railway undertaking may not exclude refund of the ticket price in cases of force majeure

The EU Regulation 1371/2007 on rail passengers’ rights and obligations provides that a passenger who is facing a delay of one hour or more may request a partial refund of the ticket price from the railway company. This compensation is a minimum of 25% of the ticket price for delays of one hour to 119 minutes and a minimum of 50% for delays of two hours or more.

Michael Wukoschitz's picture

USA: DOT collected USD 3.6 M in fines for air passenger rule violations in 2012

The U.S. Department of Transportation (DOT) said it levied USD 3.6 million in penalties for 2012 violations of the department’s consumer-protection rules for air passengers. The total is up from USD 3.3 million in 2011. During 2012, the Department issued 49 consent orders for consumer rule violations, the most recent two against Copa Airlines and Virgin America for not strictly adhering to the DOT’s rules for lengthy tarmac delays.

Michael Wukoschitz's picture

USA: DOT issues first fine for tarmac delay rule violations

The U. S. Department of Transportation (DOT) fined American Eagle Airlines USD 900,000 for lengthy tarmac delays that took place at Chicago O’Hare International Airport on May 29, 2011.

Michael Wukoschitz's picture

USA: third attempt to introduce Air Passenger Bill of Rights

Rep. Congressman Mike Thompson, D-California, announced to introduce an "Air Passenger Bill of Rights of 2011" which would require all airlines to provide water, food, working toilets, ventilation and the option for passengers to deplane if there is an extended delay. The bill would not be limited to domestic flights but also apply to all carriers flying in or out of the country, including non-U.S.-based airlines. This is the third time Thompson has introduced this legislation. The previous two bills failed to get off the ground.

Michael Wukoschitz's picture

USA: reasonable standard of care applies on pilot decisions to disembark passengers under Tokyo Convention

On September 29, 2003, a group of Egyptian businessmen, their wives and a Brazilian fiancée, boarded Alaska Airlines Flight 694 in Vancouver, British Columbia.The nine plaintiffs took up all but three of the first class seats. According to an American passenger who sat next ot one of the plaintiffs, the flight attendants treated the Egyptians badly. She saw no sign that any person in the first class section was drunk, nor did she  observe any misconduct of any kind on the part of the passengers.

Michael Wukoschitz's picture

Germany: new reference for preliminary ruling with regard to Reg. 261/2004

Plaintiiff had booked a journey from Bremen/Germany to Asunción/Paraguay via Paris and São Paulo. Departure from Bremen to Paris was delayed about 2:30 hrs. Plaintiff therefore missed the connecting flight to São Paulo, was re-routed and reached Asunción only 11 hrs after the originally scheduled arrival time. She sued for compensation of EUR 600 under Reg. 261/2004 and AG Bremen as first instance court granted the claim. The appelate court (OLG Bremen) upheld the decision.

Michael Wukoschitz's picture

USA: no penalties levied for lengthy tarmac delays

The US Department of Transportation (DOT) acknowledged  that it had yet to levy any penalties in any of the dozen cases since May involving tarmac delays of at least three hours. Some investigations have been closed because they occurred under circumstances excepted by the tarmac delay rule, such as instances involving safety, security or air traffic control operations issues.

Michael Wukoschitz's picture

UK: Details of the High Court's reference for preliminary ruling, questioning the ECJ Sturgeon/Böck judgement

TUI Travel Plc, British Airways, Easyjet and IATA (Claimants) requested the British Civil Aviation Authority (Defendant) to confirm that it would not interpret the Regulation 261/2004/EC as imposing an obligation on air carriers to pay compensation in the event of delay. The Defendant has refused to provide this assurance, stating that it is bound to give effect to the ruling in Sturgeon.

To sum up, claimants argue as follows:

Pages

X