Suit says airlines hide flyers’ compensation

Passengers whose flights suffer serious delay may be entitled to serious compensation under an international agreement, but the airlines are hiding the fact according to a lawsuit filed by FlyersRights.org.

The suit seeks to force the Department of Transportation to enforce the terms of the 2003 Montreal Convention and require airlines to notify passengers when they are entitled to money. FlyersRights is a large U.S. passenger advocacy organization.

FlyersRights points out that “Under Article 19 of the Montreal Convention, the primary treaty governing international air travel, passengers can recover up to about $5,500 for flight delays on international trips on a nearly no fault basis.  And this little-known provision overrides any airline contract to the contrary.

“The treaty ratified by the US in 2003, explicitly requires (under Article 3) airlines to provide passengers with ‘written notice to the effect where [the] Convention is applicable it governs and may limit the liability of carriers for … delay.’  Airlines currently only advise passengers of the airline’s liability limitations and omit any mention of delay compensation rights.”

The suit argues that DOT’s refusal to require airlines to follow the treaty is itself a violation of U.S. law.

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