Originally Posted by
MIA-SAT
Rules 3 and 18 of CO's contract of carriage make it liable for Express Jet service on a ticket purchased from CO. That is the good news. The bad news is that Rule 28D exempts Co from liability for delay, or punitive, consequential or special damages and Rule 28d4 extents these protections to agents and employees in their scope of employment. So if you are passanger stuck on the tarmac for 9 hours maybe you can get your ticket refunded and a dollar from CO, but I am having trouble thinking of much of anything else you are going to get of CO.
If it ends up in court (and there's already an attorney involved) the trick will be getting the court to go along with those terms of the contract of adhesion (the COCC) & letting CO off the hook. My guess is that they won't.
It's also likely that it would be settled rather than going to trial, with both CO & Express Jet digging into their pockets.