The US District Court for the Southern District of Florida has approved a settlement in the long-running class action between Avior Airlines (9V, Barcelona José Antonio Anzoategui) and two passengers who said they were charged an exit fee before being allowed to board a flight from Miami International to Venezuela.
The outcome of Roberto Hung Cavalieri, et al v. Avior Airlines C.A (case no: 1:17-cv-22010-FAM) was first reported by Bloomberg Law and centred on two passengers, Cavalieri and Sergio Enrique Isea, claiming they were charged a USD80 exit before being allowed to board the flight. They said the fee breached the contract of carriage because the airline did not disclose it in their contract of carriage. The complainants deemed the fee “extra-contractual” and filed a single-count, breach of contract putative class action against Avior Airlines.
The matter has taken six years to reach the settlement stage, having survived several hearings and appeals. In February 2022, the United States Court of Appeals For the Eleventh Circuit overturned an earlier ruling in the airline's favour. The colourful Venezuelan businessmen and brothers Jorge and Roberto Añez own Avior Airlines. The airline flies to nine destinations in Venezuela and the Dominican Republic. It operates a fleet of five B737-200s and seven B737-400, although only five aircraft are in service.
Neither Cavalieri nor Avior Airlines responded to a request for comment.
