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Dynamic Airways makes ticket refunds for holiday cancellations
…passengers pursue delay damages in US court
The Rambarran brothers during a press
conference in Guyana
Dynamic Airways the Unites States -based company operating non-stop flights between New York and Guyana, has reported making ticket refunds to passengers who were stranded as a result of cancellations experienced by the company during the last holiday season.
Attorneys Moses and Rohan Rambarran were two passengers scheduled to fly with the company when it experienced difficulty during the peak Christmas season.
The men filed legal suits against the company in New York and invited other disgruntled passengers wanting to pursue legal action to join the matter.
In a release issued by the brothers, yesterday, they stated that they have received refunds from Dynamic. They had initially filed a motion to compel the company to make immediate ticket payments, but since the company complied, the brothers did not push the motion.
They have maintained the lawsuit against the company for compensation due to the delays and time lost by the passengers.
From the brothers’ legal office located at 131 Main Street, Suite 235 Hackensack, New Jersey, they stated that on December 29, last year, the suit seeking damages available under Article 19 of the Montreal Convention against Dynamic Airways, LLC, Case No. 7:14-cv-10138-CS was filed in the United States District Court for the Southern District of New York.
“This lawsuit seeks class certification and damages for all passengers who purchased a ticket from Dynamic Airways, LLC for air travel from New York to Guyana during December 2014, and who suffered damages for delay, including a refund of the cost of the ticket where travel was not provided by, or at the expense of, Dynamic Airways, LLC.”
The brothers said that on January 2, 2015, they filed a Motion for Preliminary Injunction, seeking a preliminary court order requiring Dynamic Airways, to issue immediate refunds to all passengers who purchased a ticket to Guyana for travel during the month of December 2014, and were not transported by Dynamic Airways, or at the cost of, through other carriers.
On January 5, 2015, the plaintiffs said, he received a full refund for the cost of their tickets. Further, on January 12, 2015, “a law firm representing Dynamic Airways, entered an appearance in the case as attorneys for the company and notified the plaintiffs that Dynamic’s Flight 2D-0401, which was scheduled to depart New York’s John F. Kennedy Airport on December 23, 2014, was the only flight between JFK and Guyana operated by Dynamic Airways, LLC, during the month of December 2014 that was cancelled, and all refunds for the cancelled flight have been processed.”
The plaintiff said that they are “continuing the lawsuit against Dynamic Airways, seeking class certification, for delay damages for all passengers who experienced delays in transportation in round-trip air travel between New York’s JFK airport and Guyana during the month of December 2014.”
“Based on the fact that Dynamic Airways, LLC, provided refunds after the filing of the lawsuit to all passengers of the cancelled flight who were not transported, the purpose of the motion for preliminary injunction has been fulfilled and plaintiffs are withdrawing the motion for preliminary injunction without prejudice, since Dynamic Airways, LLC has complied with the demand for immediate refunds without the necessity of a court order,” the lawyers stated.
The lawyers said however that the motion will be refiled if it is later determined that any of passengers who were not transported have not received a full refund.
Dynamic’s local handler Gerry Gouveia said that the company had faced as many as 10 delays and two cancellations during the Christmas holidays.
He provided several reasons why the company was unable to fulfill its obligations. One was the company’s change over from a charter to schedule service.
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