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OST Docket Filings for February 10, 2017

 

Applications and Renewals:

Montenegro Airlines - Belgrade-JFK Codesharing with Air Serbia

Answers and Replies:

Maine Aviation Aircraft Charter - Additional Information (Commuter Authority)

Miriam Edelman v American Airlines - Joint Agreement to Partial Settlement of Complaint (Denied Boarding due to Misrepresentation of Conditions of Carriage)

Notices of Action Taken:

None

Notices and Orders:

None




Maine Aviation Aircraft Charter, LLC

OST-2016-0114 - Commuter Air Carrier Authority - White Plains-Ft. Lauderdale

February 10, 2017

Additional Information

  • Certificate of Insurance

By: Allyn Caruso

http://www.maineaviation.com/

Index


Miriam Edelman v American Airlines, Inc.

OST-2016-0107 - Denied Boarding due to Misrepresentation of Conditions of Carriage Complaint

February 10, 2017

Joint Agreement to Partial Settlement of Complaint

The parties met and conferred in more than a dozen substantive emails from August 2016 through January 2017. Most significantly, voluntarily American provided computerized business records showing the Flight History for the flights at issue.

The parties were not able to agree on the interpretation of the Flight History records. Among the Flight History record was a contemporaneous entry by a gate agent, labeling Ms. Edelman a "NO SHOW". Based on this business record, American took the position that Ms. Edelman was not denied boarding and therefore was not eligible for denied boarding compensation. Counsel for Ms. Edelman took the position that Ms. Edelman was at all times present and ready to board, and that the gate agent's written entry into the Flight History record must have been mistaken. Counsel for Ms. Edelman questioned the reliability of American's business records, including the Flight History record in light of inconsistencies between the Flight History records and American's version of events on her day of travel, as well as what Ms. Edelman's counsel viewed as other errors in American's handling of this matter and other inaccuracies in American's business records. American responded that these arguments were speculative and that it was reasonable for American to rely on its contemporaneous business records in considering the Complainant's arguments.

Ms. Edelman also contended that she was prejudiced by American's delay in alleging that she was a NO SHOW at the gate. Had counsel for Ms. Edelman known of American's position that she was notated as being a NO SHOW, counsel could have promptly asked American to interview the gate agents working the flight before memories faded and while video evidence might have been available to resolve any factual issues. That said, American contends that even if a video did exist , it would not likely have been probative given the limitation of the video recording system used by the Airport Operator.

Nonetheless, the parties advise the Department that they have reached a compromise in which Ms. Edelman withdraws all aspects of her complaint that pertain to her delayed travel including the claim to denied boarding compensation on February 16, 2016, and releases any claim, with prejudice in this or any other forum, she may have against American as to that travel, any subsequent delay , and failure to proffer DBC. In exchange for this withdrawal and release , and without making any admission of deviation from the provisions of Part 250 of the Department's Regulations , American is making a cash payment to Ms. Edelman that exceeds the amount of compensation provided by 14 CFR 250 .5(a)(2) and 250.5(d).

It is an express condition to this compromise agreement that the Department agree to dismiss the pending Complaint that pertains to Ms. Edelman ' s Travel Claims. Please advise counsel for the patties whether the Depaitment will agree to dismiss these elements of the Complaint related to the Travel Claim.

Counsel: Silverberg Goldman, Robert Silverberg

Index




Montenegro Airlines

OST-2017-0022 - Foreign Air Carrier Permit and Exemption - Belgrade-JFK Codesharing with Air Serbia

February 10, 2017

Application for Foreign Air Carrier Permit and Exemption

Montenegro airlines requests issuance of o foreign air carrier permit and exemption permitting it to engage in scheduled air transportation of persons, property and mail from Podgorica via Belgrade to New York on all scheduled flights of Air Serbia on route LYBE-KJFK-LYBE.Montenegro airlines intend to be only marketing carrier on this service in accordance with codeshare agreement with Air Serbia.

Montenegro airlines operates a fleet of Embraer E195 and Fokker F100 aircraft.Montenegro airlines operating scheduled traffic to Belgrade, Ljubljana, Vienna, Rome, Zurich, Frankfurt, Paris, Copenhagen, London, Moscow and St. Peterburg.

Montenegro airlines expects to sell approximately 500 roundtrip tickets over the course of the first year of the proposed code share service with Air Serbia.

By: Veroslav Tesovic, 382-20-445-130

https://www.montenegroairlines.com/

Index


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