Florida Charter/Travel Company Sues Caribbean Airlines For Providing Services "With A U.S. Nexus" To Cubans Traveling To Guyana, Other Countries, Without License From The OFAC.

1:22-cv-23068-KMW Volando.US, Corp. v. Caribbean Airlines Limited
Kathleen M. Williams, presiding
Date filed: 09/23/2022

Summons Issued as to Caribbean Airlines Limited. (mee) (Entered: 09/23/2022)

Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mee) (Entered: 09/23/2022)

COMPLAINT against Caribbean Airlines Limited. Filing fees $ 402.00 receipt number AFLSDC-15972664, filed by Volando.US, Corp.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Fasano, Michael) (Entered: 09/23/2022)

Link To Complaint (9/23/22)

Michael S. Hoffman
Hoffman, Larin & Agnetti, P.A.
909 N. Miami Beach Blvd.
Suite 201
N. Miami Beach, FL 33162
305-653-5555
Fax: 305-940-0090
Email: mshoffman@hlalaw.com
LEAD ATTORNEY; ATTORNEY TO BE NOTICED

Michael Christopher Fasano
Fasano Law Firm, PLLC
1000 Brickell Avenue
Suite 920
Miami, FL 33131
786-530-5239
Email: mfasano@fasanolawfirm.com
ATTORNEY TO BE NOTICED

Excerpts From Complaint

Volando is a corporation organized and existing under the laws of the state of Florida. Volando is a public charter operator and travel agency that (i) arranges charter air transportation services with U.S. and foreign airlines on behalf of individuals who are authorized to travel on public charter flights (the “customers”) and (ii) provides travel services (e.g., making reservations and issuing airline tickets) to such customers. Since 2003, Volando has entered into charter agreements with U.S. and foreign airlines, under which such airlines operate public charter flights between points in the United States and points in Cuba for customers who are licensed by OFAC to travel to, from, and within Cuba.

On September 16, 2021, OFAC issued License No. CU-2018-353672-3 to Volando (the “License”), authorizing Volando to arrange charter air transportation for Self-Reporting Cuban Nationals traveling between Havana, Cuba and Georgetown, Guyana. A true and accurate copy of the License is attached hereto as Exhibit A. 22. The License, which confers a valuable property right on Volando, authorizes Volando to: i. Charter aircraft for flights between Jose Marti International Airport (HAV) in Havana Cuba and an airport in a third country; ii. Receive assistance from U.S. travel agencies and Havanatur (a Cuba-based travel agency) in making reservations and issuing tickets on charter flights; iii. Provide travel services either directly to Cuban Nationals, or indirectly through U.S. persons on behalf of Cuban nationals, who must travel between Cuba and a third country in connection with applications for U.S. travel authorizations; iv. Make payments to the appropriate Cuban authorities for landing fees and ground services that are directly related to the charter flights; and v. Accept payment in U.S. currency and credit cards.

Defendant is a company organized and existing under the laws of Trinidad and Tobago with its principal place of business in Port of Spain, Trinidad and Tobago. Defendant operates direct flights to Miami International Airport, accepts United States-based credit card payments for its services, and offers its services through travel agencies and intermediaries located in or doing business in this Judicial District.

The Defendant foreign airline is unabashedly violating the CACR and infringing Volando’s property rights conferred in the OFAC specific license by providing air transportation with a U.S. nexus to Cuban Nationals between Havana, Cuba and Georgetown, Guyana. The impermissible U.S. nexus includes advertising these air transportation services through U.S. based social media sites, receiving airfare paid by U.S. persons on behalf of their relatives in Cuba (the Cuban Nationals), and/or receiving or accepting payments in US dollars or through U.S. bank-issued credit cards.

Upon information and belief, the Defendant is aware it needs a license like that obtained by Volando and has made attempts to obtain such as license without success. Nevertheless, it continues to (a) accept reservations from United States travel agencies, (b) made by U.S. relatives on behalf of their Cuban national family members, (c) accept payment in U.S. dollars or through U.S. bank-issued credit cards, (d) for flights it operates between Havana, Cuba and Georgetown, Guyana either directly or with a short stopover in Port of Spain, Trinidad – all in violation of the CACR. 17. Upon information and belief, Defendant continues to knowingly accept U.S. dollars from U.S. citizens and residents for the subject flights.