Originally Posted by
Flying Lawyer
One step back: Pax claims his hand luggage is allowed on board but did not make evidence that it is within the rules. Pax than claimes breach of contract. Law school, first year, second semester.
I think we need more steps back. Probably pre law school.
You could argue whats first of the hen and the egg. But thats not the case here.
The airlines claims the carry on is too heavy, breach of contract, and continues with sanctions, denied boarding as a result.
Passenger THEN (=afterwards) claims IDB, breach of contract, as in illegal sanctions.
This is contrary to the regular IDB situation where it is the passenger that claims breach.
And you still claim that the burden of proof is on the passenger, to prove he is within the weight limit at the gate!?
This is wrong.
The burden is on the carrier. Of course it would be a lot more IDBs on this ground if this would require passengers to bring their own scale to prove they are within the limit.
Unless of course a scale would be put on the list of personal items on the excempt list
They could do that, but at the same time reducing the limit of the main piece of course@:-)