Tuesday, April 7, 2015

Airline tickets as rentals. Airline company must mitigate damages in cancellation. Quiet enjoyment.

 Airline Passengers Hold Rental Interest in Seat Ticketed.
Landlord to Mitigate Damages in Case of Breach.


Rights of passengers making reservations on commercial airlines shall be deemed to be rental in nature, with obligations for both passenger and airline stemming from that relationship. The space designated by the ticket shall include the seat and immediate overhead space and underseat; and use of bathroom facilities, for purposes of the flight.  If flight does not transpire, i.e. delay, the landlord airline shall compensate the passengers for .  The airline shall guarantee the quiet enjoyment of the tenant in the seat and related space (see quiet enjoyment at http://www.nytimes.com/2001/03/11/realestate/q-a-meaning-of-quiet-enjoyment.html) for the purpose intended, i.e. actual and timely flight to destination.

  • If the passenger cancels the reservation at least 60 minutes before loading time, and the landlord has not bolluxed up the communications lines, the landlord company shall immediately be required to mitigate damages as is customary in rental law, and exert best efforts to fill the seat with another passenger as soon as possible, including from a wait list or from hovering seekers.

 If the seat is so filled, the cancelling passenger shall be liable only for one hour of administrative time of the airline, the hourly rate of the airline not to exceed the hourly rate of a baggage handler on the tarmac.  If the seat is not filled despite due diligence of the airline landlord, the passenger shall be liable for the value of the ticket, or not, as the contract and any insurance may provide.  See http://www.legalmatch.com/law-library/article/duty-to-mitigate-damages.html

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