Following days of delays which left hundreds of passengers stranded in both Guyana and New York, Dynamic Airways has been slapped with a lawsuit, filed by miffed passengers.
The passengers, lawyer Moses Rambarran and his brother Rohan Rambarran, are also looking to get other mistreated passengers onboard the lawsuit to receive compensation for what they deem “inhumane” treatment.
At a press conference today, Rambarran stated that the federal lawsuit was filed on Monday by his Florida-based attorney Donald Schutz and a copy of it was subsequently served on the airline on Tuesday morning.
According to the lawyer, he and his brother had been scheduled to travel to Guyana from New York on a Dynamic Airways flight on December 22 with a 10 pm check-in time. They turned up for their flight as scheduled but were told that there were no flights that day. They were told to return the following day at 3 pm for a 7 pm flight. However, when they returned the next day, they waited for several hours before they were told once more that there would be no flight.
Rambarran also noted that there were elderly persons, women and children who also had to wait for days for their flights. He further said that some persons were forced to sleep at the airport while others had to spend large sums of money travelling as well as staying in hotels as they awaited a flight.
Rambarran said he and his brother eventually made it to Guyana, but not on the nearly US$3,000 business-class tickets they had purchased from Dynamic Airways. Instead, they had to purchase tickets with Caribbean Airlines.
“We, as every paid passenger, were bursting with excitement to return to a family and country that we love… Dynamic Airways deprived its passengers from uniting with their families for the all-important Christmas season, with some passengers returning home after many years,” Rambarran said. He went on, “Simply, it appears that Dynamic Airways took our money and did not bring us home for the holidays, essentially stealing Christmas.”
Rambarran also maintained that the company’s response to its passengers has thus far been “shameful”, with some officials allegedly stating, “You [the passengers] chose us; we didn’t choose you.”
Further, he said, when asked about refunds, officials stated that those passengers interested in refunds would first have to have their names processed. Other passengers were allegedly told that they would have to pay a penalty fee before they received a refund.
The siblings are urging all of the affected passengers to come onboard with the lawsuit in an attempt to receive some form of compensation. Rambarran believes that, at the very least, passengers should receive full refunds for their tickets while others should be repaid for the money they spent on hotels and transportation along with the ordeal of sleeping at the airport. He emphasized, “People must stand up when there is a violation of their human rights, when there is a violation of their dignity.”
When questioned on the sum of the lawsuit, Rambarran stated that it will be determined by the number of persons who come forward for compensation.
Safety concerns
When contacted yesterday, local representative of Dynamic Airways Gerry Gouveia denied any knowledge of the lawsuit and said that it was the first time he was hearing anything of it. But he said that any suit against the company would not make its way to Guyana but would instead be filed in the US where Dynamic Airways is based.
However, he said, “There are laws that govern airlines and delays so the man [Rambarran] is ultimately in the right to take action for any inconvenience he may have experienced.”
Meanwhile, Gouveia defended Dynamic’s decision to cancel any of its flights and maintained that the delays were caused by safety concerns. When asked to elaborate, he explained that there had been a number of issues, including one instance where the plane could not be started in Guyana. He further said that a generator was borrowed from Caribbean Airlines to power the plane, but on its arrival in New York, the plane experienced further power issues. There, he said, the navigation computers in the aircraft were damaged.
“You don’t want to fly a plane that is not functional,” he maintained. He continued, “Safety is always the number one priority… that will always be a challenge for airlines. While we want to get you there, I think the main focus of airlines is to get people there safely and then get you there on time. If we can’t get you there safely then there will be delays.”
But Rambarran scoffed at Gouveia’s explanation, stating that the airlines must first secure safe planes before securing airfares.
“Mr Gouveia and Dynamic Airways should have heeded their own advice and ensure that Dynamic had safe aircraft to transport international passengers to and from Guyana,” Rambarran said. “These actions…are shameful. We paid Dynamic to bring us home for the holidays, not treat us like animals,” he added.
According to Gouveia, Dynamic Airways is moving a plane from Los Angeles to New York to continue its flights.
‘Disturbed’
The latest delays are the most recent in a string of problems that faced the company in 2014. In the light of all its issues, Rambarran expressed surprise at the Government of Guyana’s lack of alacrity in dealing with the airline and getting it in line.
“I’m disturbed that the Guyanese government would allow airlines to operate in such a manner. Remember that we had an international airline flying to and from Guyana and…for reasons known only to the government, that airline is not flying to Guyana anymore. The country of Guyana should be opened up to all international airlines that want to bring home our beautiful people to our families in Guyana,” Rambarran opined. He further stated that Dynamic Airways should be penalized by the federal authorities, both in the US and in Guyana.
“If the government here wishes to protect its people, Dynamic must pay the price,” he said. He continued, “It’s shameful that the government permits an airline to operate in such a manner when the trickle-down effect is that hardworking people are being taken advantage of by a few.”
Soon after Dynamic announced its delays in New York, videos surfaced on YouTube showing the throngs of passengers stranded at the JFK International Airport. The videos also showed persons swarming officials for questions, only to be met with silence and requests for calm.
Since it began operations in June last year, Dynamic Airways had been plagued with mechanical problems and delays. It resumed service in November after a hiatus only to have the problems continue and worsen.
