Sunday, April 17, 2005

My Third Notice to AA

Dear Shelli R. Gipson:

Thank you for your email, and your explanation. However, the cited Conditions for Carriage are applicable only for Domestic Flights. See 1st para., which states in pertinent part, "the following Conditions of Carriage ... apply to all transportation provided by American (including transportation on codeshare partners) between points in the United States (including Puerto Rico and the U.S. Virgin Islands). Foreign air transportation is governed by applicable tariffs on file with the Department of Transportation." Thus, this document is not legally relevant.

My flight, however, was such a foreign flight, covered under the Warsaw Convention. My travel on AA was the first leg in my trip. There can only be one "destination" for each air travel passenger, for Warsaw Convention purposes, and intermediate stops on trips are to be construed as "agreed stopping places" that do not disturb that final destination. Warsaw Convention, Art. 1(2, 3), 49 U.S.C.A. ยง 40105 note. Under the Warsaw Convention, an air carrier is liable "for damage occasioned by delay in the transportation by air of passengers, baggage, or goods." Art. 19. See, e.g., Daniel v. Virgin Atl. Airways Ltd., 59 F. Supp. 2d 986 (N.D. Cal. 1998).

Therefore, I request reimbursement for the damages we incurred due to the delay, as I have documented in the letter you acknowledged receiving. I look forward to American's prompt payment.

Sincerely yours,


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