Passenger Bill of Rights for air travel

[pilot fish]

Rather than accept this as normal travel annoyances, write your Congressman and say you would like them to vote yes if a Travelers Bill of Rights comes before them.

 

[HowardE]

Couldn't (or doesn't) the airline ticket have a clause for force majeure? I would think that pressing the issue of delays, as a violation of rights to the passenger would only cause the inclusion of such a clause.

 

[pilot fish]

Force Majeure deals primarily with construction contracts.

In the exercise of " due care," leaving a person on a plane 1000 ft from a terminal, relief/remedy, is not due care.

Couldn't (or doesn't) the airline ticket have a clause for force majeure? I would think that pressing the issue of delays, as a violation of rights to the passenger would only cause the inclusion of such a clause.

 

[pilot fish]

Again, we are not talking about delay, but confinement. 7 hours, 11 hours, exceeds the definition of delay. That is imprisonment! ugh!

Couldn't (or doesn't) the airline ticket have a clause for force majeure? I would think that pressing the issue of delays, as a violation of rights to the passenger would only cause the inclusion of such a clause.

 

[booth22]

All I know is if I'm sitting on a plane for near 7 (or 11) hours within 1000 feet of the terminal, I'm opening the emergency door and riding the slide down to the tarmac and walking back inside. (probably escorted, but I'm not sitting on a plane that long)

 

[HowardE]

Force Majeure deals primarily with construction contracts.

In the exercise of " due care," leaving a person on a plane 1000 ft from a terminal, relief/remedy, is not due care.

It's also a very common clause in performance contracts too (entertainers, musicians, etc)

I agree that the Jet Blue incident was excessive, but - does this fall under the realm of the legal system?

 

[pilot fish]

This raises an interesting legal question: are you within your rights to do that, since confinment without relief for 7, 11 hours is cruel and unusual? My instincts tell me you are not, but I would want to do that, might do that, and argue the case afterwards. I would not sit quietly and not vigorously look for relief from this illegal detention.

All I know is if I'm sitting on a plane for near 7 (or 11) hours within 1000 feet of the terminal, I'm opening the emergency door and riding the slide down to the tarmac and walking back inside. (probably escorted, but I'm not sitting on a plane that long)

 

[HowardE]

This raises an interesting legal question: are you within your rights to do that, since confinment without relief for 7, 11 hours is cruel and unusual? My instincts tell me you are not, but I would want to do that, might do that, and argue the case afterwards. I would not sit quietly and not vigorously look for relief from this illegal detention.

I would call the airline's customer service center (from my cell phone) and tell them that we're stuck on the tarmac, and my next phone call is to the local news.

 

[pilot fish]

They have a duty to perform a service: get you to point B from point A in a reasonable, safe manner and time. At the moment this is not a law issue but should be, since this detention is unreasonable and comes under the heading, failure to perform.

It's also a very common clause in performance contracts too (entertainers, musicians, etc)

I agree that the Jet Blue incident was excessive, but - does this fall under the realm of the legal system?

 

[HowardE]

However, they are trying to perform. By waiting for what would hopefully be an opportunity to take off, even if that window of opportunity is short.

The question is... when do they draw the line? How long is too long to wait?