FlyerTalk Forums - View Single Post - Cancelled UA EWR-JNB Twice! 2-3 June 2023 What now…..
Old Jun 7, 2023 | 4:12 am
  #94  
prestonh
 
Join Date: Jan 2007
Location: Bellingham/Gainesville
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Originally Posted by Kacee
It failed to transport OP to destination. It's absolutely a material breach, the problem is the contractual remedy - which expressly excludes consequential damages - is insufficient in this circumstance. Which not only leaves OP undercompensated, but provides no incentive to UA to do a better job providing alternative transportation in the event of IRROPS.

And even if UA had provided full refund, while that nominally satisfies its obligations under the contract of carriage, that's still inadequate to make OP whole.
I generally agree. Options to recover damages are limited. Since this was a international flight it would likely be governed by the Montreal Convention and any claims adjudicated in Federal Court. Ianal
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