Air Travel Compensation Procedure

Abstract

The article is aimed at analyzing the legal means of protecting the interests of air transportation service recipients. The main emphasis will be placed on the analysis of the Warsaw Convention and the Montreal Convention provisions reflecting the freedom-of-contract doctrine since the air travel compensation procedure is not regulated by the national Russian legislation. As a result of the analysis, the conclusion was made that individuals, for example, in the case of harm causation, have the right to choose according to the law of which country the compensation should be paid to them. Separately, it was established that the various degrees of liability of air carriers, prescribed in the rules of airlines, not only failed to contribute to fair compensation for harm to the life and health of a passenger but, on the contrary, made for unjust enrichment on both sides. In this regard, the authors came to the conclusion that it is necessary to bring the procedure of compensation for harm caused during air transportation to uniform standards of the transportation rules for all international airlines. In this regard, the authors substantiate the need to introduce the elements of self-regulation of transportation activities and mandatory insurance of carrier liabilities. Besides, proposals were made to fill the gaps in the current air transport legislation, for example, regarding the regulation of a long-term agreement on the organization of systematic air transportation, aircraft charter contracts, and contracts for the performance of aviation work which is important for the country's economy.