K A T E H A N N I ,
D I R E C T O R ,
F L Y E R S R I G H T S . O R G
Kate Hanni is one today’s most passionate and dedicated national figures fighting for safeguards
and
protections to airline passengers. She
is the Founder &
Executive Director of FlyersRights.org,
formerly the Coalition for Airline Passengers’ Bill of Rights (CAPBOR), the fastest growing airline passengers’ coalition in the country.
Kate,
her family and thousands of airline passengers were stranded on the tarmacs of
airports all over the country aboard 124 American Airlines flights during the Christmas holidays, December 29th, 2006.
For close to ten hours, Kate
and
the
rest of the passengers were given no food, no water, no medical attention and no basic services such as working toilettes.
Unable to deplane and sitting on
the tarmac at Austin
airport, Kate and other passengers decided to turn anger and frustration into advocacy by creating the Coalition for an Airline Passenger Bill
of Rights (CAPBOR), now known as
FlyersRights.org (FRO).
FRO has grown from 100 members to more than 50,000, and is supported by many consumer groups, pilots and flight attendants. Since June 2007, FRO has operated a 24
hour
HOTLINE
(1-877-flyers-6)
for
airline
passengers to report their experiences.
During the first day of operation, the Hotline received more than 920 calls from angry and frustrated passengers in less than 3 ½ hours.
Kate has taken her mission on behalf of the flying public to the national airwaves. In all, Kate has completed more than 5,700 interviews since 2007. And FRO/CAPBOR
has filed
numerous comments on DOT rulemaking and legislation that have led to significant pro-
consumer regulations and legislation including:
· October 2008 tarmac data mandate; airlines must report tarmac data for cancelled,
diverted and multiple gate return flights
· May 2008 bumping compensation doubled from 200 and 400 dollars respectively to 400 and 800 dollars
· December 21 2009, the three hour tarmac rule for domestic flights
· August 23, 2011 the 4 hour tarmac rule for international flight
· August 23 2011 refunds
of
baggage fees for lost baggage
· August
23 2011 another increase in bumping compensation to
650 and 1300
dollars
respectively
· January 23th 2012
o Ban
on post purchase price fare increase
o Ability to hold a ticket for 24 hours without a re-faring fee
o Full Fare advertising : All fare advertising must include base fare plus any
mandatory taxes, surcharges
and booking fees
o Mandatory notification of flight delays every 30 minutes by any means possible, airport overhead announcements, overhead displays, e-mail, phone, text etc.
o In addition airlines are now required to disclose baggage fees online and
or on the phone when making a reservation and they must make clear where all ancillary fee information can be found prior to booking a ticket.
In
Five years FlyersRights.org had Fifteen Bills introduced before Congress, all titled
“Airline Passengers Bill of Rights”, with both the House and Senate having passed their versions of
the bills. The FAA
Reauthorization Bill passed in
February
of 2012 contained an Airline Passengers Bill of Rights.
FlyersRights.org
and its leader Kate Hanni’s list of honors is long and growing-
April of 2007
APPENDIX A
Airline Passenger Compensation Rights on International Flights
Copyright 2008
Paul S. Hudson, Esq.
Aviation Consumer Action Project
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.
