Venezuela’s Avior Airlines Reaches Settlement in US Court Over Exit Fee Dispute

Avior Airlines, a Venezuelan carrier, has recently settled a class action lawsuit in the US District Court for the Southern District of Florida. The lawsuit, initiated by two passengers, Roberto Hung Cavalieri and Sergio Enrique Isea, alleged that the airline charged an undisclosed USD80 exit fee before allowing them to board a flight from Miami International to Venezuela.

This case, formally known as Roberto Hung Cavalieri, et al v. Avior Airlines C.A (case no: 1:17-cv-22010-FAM), was first reported by Bloomberg Law. The crux of the complaint was that Avior Airlines imposed this fee without prior disclosure in the contract of carriage, leading the passengers to file a breach of contract class action lawsuit against the airline.

The legal battle, which has spanned six years, endured multiple hearings and appeals. In a significant turn of events in February 2022, the United States Court of Appeals For the Eleventh Circuit reversed a previous ruling that had favored Avior Airlines. The airline, owned by Venezuelan businessmen Jorge and Roberto Añez, operates flights to nine destinations across Venezuela and the Dominican Republic. Its fleet comprises five Boeing 737-200s and seven 737-400s, although currently, only five of these aircraft are actively in service.

As of now, neither Cavalieri nor Avior Airlines has issued a public response to the settlement. This case resolution marks a notable instance of passenger rights being asserted in international aviation, particularly concerning fee transparency and contractual obligations. The settlement highlights the importance of clear communication between airlines and passengers regarding all potential charges associated with air travel.