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COMPLAINT: Iberia -- Flight booked/paid on iberia.com not honored

 
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Old Jul 9, 2011, 5:11 PM
drhongjiang drhongjiang is offline
 
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I booked and paid return flight on iberia.com between Barcelona and Casablanca on flight IB7709/IB7711, operated by Royal Air Maroc.

There was no issue from Barcelona to Casablanca with Royal Air Maroc. On return from Casablanca to Barcelona, I was refused to board the flight by Royal Air Maroc because I was told they couldn't find the reservation in the system. I was forced to pay another ticket from Casablanca to Barcelona.

I have contacted iberia.com via its website, but they refused to resolve the issue, referring me to Royal Air Maroc. I have no issue with Royal Air Maroc because I paid my original booking through iberia.com, and I booked an Iberia flight (IB7711), even though it is operated by Royal Air Maroc.

I want to file a court complaint, but I'm living in New Jersey. Anyone knows whether NJ courts take such a case?
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  #2  
Old Jul 9, 2011, 9:41 PM
A320FAN A320FAN is offline
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Originally Posted by drhongjiang View Post
I booked and paid return flight on iberia.com between Barcelona and Casablanca on flight IB7709/IB7711, operated by Royal Air Maroc.

There was no issue from Barcelona to Casablanca with Royal Air Maroc. On return from Casablanca to Barcelona, I was refused to board the flight by Royal Air Maroc because I was told they couldn't find the reservation in the system. I was forced to pay another ticket from Casablanca to Barcelona.

I have contacted iberia.com via its website, but they refused to resolve the issue, referring me to Royal Air Maroc. I have no issue with Royal Air Maroc because I paid my original booking through iberia.com, and I booked an Iberia flight (IB7711), even though it is operated by Royal Air Maroc.

I want to file a court complaint, but I'm living in New Jersey. Anyone knows whether NJ courts take such a case?
A court in New Jersey has no jurisdiction here.Try in Spain
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Old Jul 10, 2011, 1:54 AM
drhongjiang drhongjiang is offline
 
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Originally Posted by A320FAN View Post
A court in New Jersey has no jurisdiction here.Try in Spain
Thanks for your reply. I understand iberia.com has a US operation (I believe the site I used to book the flight is a US operation). In addition, Iberia has flight out of JFK. If NJ court has no jurisdiction, how about a NY court, because Iberia operates out of JFK?

More info. The Barcelona/Casablanca flight was part of a trip originated from and finished at JFK.
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Old Jul 10, 2011, 10:32 AM
A320FAN A320FAN is offline
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Originally Posted by drhongjiang View Post
Thanks for your reply. I understand iberia.com has a US operation (I believe the site I used to book the flight is a US operation). In addition, Iberia has flight out of JFK. If NJ court has no jurisdiction, how about a NY court, because Iberia operates out of JFK?

More info. The Barcelona/Casablanca flight was part of a trip originated from and finished at JFK.
Iberia is not a United States based company / corporation. Many froeign based Airlines and companies have sites just for their Unites States / Canadian passengers only Including Iberia, Alitalia, South African Airways
etc......but it is their country / home base of operations which has the jurisdiction. Believe it or not the moment you stepped onboard an Iberia
Airlines flight, you are touching "Spanish soil" as the aircraft is registered in Spain and under Spanish jurisdictions. There for you would have to file in Spain. Just like when my dad I flew to and from Jamaica 2 years ago on board Air Jamaica, the moment we boarded JM 038 from FLL to KIN we were on Jamaican soil because the aircraft was registered in Jamaica. and the return flight was with Air Jamaica as well. Even though we landed back in FLL, we were still on "Jamaican soil" because the aircraft was Jamaican registered. Once we stepped into the loading bridge leading towards US Customs and Boarder Protection was on "US Soil" again.
Thats why if you have anything happen to you while travling abroad you are told to seek the embassy of the country of which you are a citizen as that is your soil.
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Old Jul 10, 2011, 5:00 PM
HoustonFlyer HoustonFlyer is offline
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Article 33 - Jurisdiction

1341. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before the court of the domicile of the carrier or of its principal place of business, or where it has a place of business through which the contract has been made or before the court at the place of destination.


The above is an excerpt from the Montreal Convention which governs the law of carriage by air. It has nothing to do with soil.

If the airline has a place of business through which the contract was made you can sue there. If you or your travel agent made the booking through Iberia's New York office, that qualifies and New York would have jurisdiction.

Alternatively the place of business through which the contract was made is different for an internet booking. If you sat at your computer in New Jersey and booked your flight, New Jersey is the place where you were when you got the fare, accepted it and paid with your credit card. The law was not clear on this until the case of Polanski v KLM where the California Court of Appeals in 2006 gave its decision on the point. Mr Polanski sat at his home computer in Los Angeles and purchased a ticket on KLM to fly from Los Angeles to Warsaw. He brought an action in California and KLM argued that California had no jurisdiction to hear his case because his case had to be brought in Poland (the place of destination), or in the Netherlands (the place where KLM has its principal place of business as well as its website through which the ticket was purchased). Upholding the decision of the lower Court the California Court of Appeals found that for an internet booking, Mr Polanski sat at his computer in California and so the contract was concluded in California and California did have jurisdiction.
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