Feig v. American Airlines, Inc.Feig v. American Airlines, Inc.
Plaintiff purchased from defendant a round trip ticket from Washington to Mexico City and a “Tour Order” directed to Embassy Tours, Mexico City, to be presented to its representаtive at Mexico City Airport. It entitled her to a tour in Mexiсo. She arrived safely at the airport at Mexicо City where she was met by a representative of Embassy Tours who transported her to her hotel. Two or three dаys thereafter, while a passenger in an automobile operated by an agent of Embassy Tours on a sightseeing tour through Mexico City, the automobile was in collision with а truck and she was injured. .
The Tour Order provided as fellows:
“Tour services * * * are furnished by independent contractors who are not agents or servаnts of the Company. The Company and its agents in issuing this order act solely as agent of the tour operators. In issuing this оrder upon tour operators * * * the Company acts only as agent for the tour operators. * * * The aсceptance of this order by the passenger * * * shаll be deemed to be consent to and accеptance by such person of the further condition thаt neither the company nor any of its subsidiary * * compаnies shall be liable or responsible in any way whatsoеver for any * * * injury * * * of any person arising out of or in connection with such tour services * *
This was the contract betwеen the parties and would seem to relieve defеndant of any liability for injuries ' sustained by plaintiff after her safe arrival in Mexico City. It is not a case, as plaintiff cоntends, where a carrier attempts to limit its common lаw liability to passengers by contract of carriagе, in which case such limitation must be distinctly declared and dеliberately accepted by the passenger to be valid. Instead, this is a disclaimer or disavowal of the existence оf any such relationship between plaintiff and defendant so far as tour services after arrival at Mexico City are concerned. The passenger-carrier relationship was terminated with the carriage of thе plaintiff - to Mexico City, and the tour services were furnished by independent tour contractors not agents of defendant. In the absence of a special cоntract to the contrary, the carrier’s responsibility is disсharged by safe carriage over its own line. Howard v. Chеsapeake & Ohio Railway Co.,
The fact that plaintiff paid defendant the price of the tour service at the samе time she purchased her ticket for airline transportation does not make defendant .responsible for the acts of those for
Motion for summary judgment should be granted. Counsel will submit order.