Passenger Rights Research Articles

Passenger Rights and Airline Responsibilities Under International Treaties: An In-Depth Look At Aviation Law and Sustainable Development Goals

Objective: The main aim of the article is to assess the level of compliance with passenger rights and the fulfillment of obligations by airlines according to international treaties, an in-depth look at aviation law and sustainable development goals. Theoretical Framework: Several international airlines serve as the subjects of the study, additionally, aviation legislation will also be examined, with improvements to it based on the results of the conducted assessment. Method: The scientific task involves proposing a methodological approach to evaluating the level of compliance with passenger rights and the fulfillment of airline obligations according to international treaties. Results and Discussion: The result of the research, the level of compliance with passenger rights and the fulfillment of obligations by airlines according to international treaties for the listed airlines have been determined. The findings have become the basis for identifying key ways to improve aviation legislation. Research Implications: The study has implications and only considers a specific list of airlines. In the future, it should be expanded to take into account the specifics of individual countries. Originality/Value: This study focusses on ensuring that passenger rights are protected, which in turn enhances consumer confidence and promotes higher standards of service within the airline industry.

Lessons from the Covid-19 Pandemic for Better EU Rules on Air Passenger Rights

Lessons from the Covid-19 Pandemic for Better EU Rules on Air Passenger Rights

Air Passenger Rights Case Law Developments from 1 December 2023 to 15 June 2024

From 1 December 2023 to 15 June 2024, there have been several case developments in relation to air passenger rights. The first part of this article highlights recent decisions from the Court of Justice of the European Union that have shed light on the interpretation of EU Regulation No 261/2004, Package Travel Directive (EU) 2015/2302 and Council Directive 93/13/EEC of 5 April 1993 on Unfair Terms in Consumer Contracts.In the case Laudamotion GmbH v. flightright GmbH the Court stressed the standardized nature of compensation for a flight delay and held that for compensation claims under Regulation (EC) No 261/2004 due to a significant flight delay, passengers must adhere to the check-in requirements specified by the airline, even if they have already completed online check-in.In the case Eventmedia Soluciones SL v. Air Europa Líneas Aéreas SAU, the Court defined the rules governing the inclusion, in a contract of carriage, of a clause prohibiting the transfer of rights by passengers and the right of claim management companies to bring proceedings against airlines. In the case Cobult UG v. TAP Air Portugal SA (TAP), the Court clarified the rules applicable to passengers’ consent to the reimbursement of the cost of their ticket by a travel voucher rather than by a sum of money. In the case Touristic Aviation Services Limited (TAS) v. Flightright GmbH, the Court ruled that the shortage of staff at the airport responsible for baggage handling could be considered an extraordinary circumstance, provided the airline could demonstrate that they had taken all reasonable measures to prevent the delay.In the case QM v. Kiwi Tours GmbH, the Court held that to establish the existence of unavoidable and extraordinary circumstances significantly impacting the performance of a travel package, for the purpose of claiming a refund under Directive (EU) 2015/2302, only the situation prevailing on the date when the traveler terminated their travel contract should be considered. In the case Eventmedia Soluciones SL v. Air Europa Líneas Aéreas, the Court ruled on the fairness of clauses governing the assignment of rights by passengers to third parties under Directive 93/13/EEC on Unfair Terms in Consumer Contracts.

Study of The Ruling of The Shipping Court in Burning Boat Accidents That Impact Losses Passenger as Consumers

Introduction: Passenger ship accidents frequently occur in Indonesian waters, resulting in injuries and fatalities. Unfortunately, the affected individuals only receive partial compensation from their travel insurance and are not granted full compensation under their consumer rights as outlined in Act Number 8 year of 1999 about Consumer Protection. This leaves them feeling disheartened about reclaiming their lost possessions.Purposes of the Research: The article delves into the legal rights of passengers impacted by sea transportation accidents, covering physical injury, loss of life, and property damage. The Shipping Court conducted a thorough investigation into the incident involving KM Express Cantika 77 on October 24, 2022, with a strong focus on uncovering the cause and implications.Methods of the Research: With normative juridical research methods, and based on literature data and the decision of the Shipping Court in the case of the burning of the Ferry KM Express Cantika 77 on October 24 2022 at 13.20 WITA in Naikliu Waters. By analyzing using a qualitative approach to determine the rights of passengers who got an accident.Results of the Research: The Indonesian Shipping Court decides on passenger ship accident cases only by examining the causes and impacts of the accident. It is recommended that the Shipping Court become a special court, like other special courts such as the Industrial Relations, Fisheries, and Forestry Courts. These reforms will allow the Court to examine and prosecute based on the criminal, civil, and administrative aspects of shipping incidents.

Legal Protection In Road Transportation: Safety, Passenger Rights And Carrier Liability

Legal Protection In Road Transportation: Safety, Passenger Rights And Carrier Liability

Legal bases of the information policy regarding the protection of the rights of air passengers

The article is devoted to the justification of the need to unify the national legislation of Ukraine with the acts of the European Union in the field of human rights, in particular, the rights of air passengers. The article summarizes the analysis of the effectiveness of existing legal acts and mechanisms aimed at ensuring a high level of protection of the rights and safety of air passengers in specific situations. It is claimed that Ukraine undertakes to bring national legislation in the field of air passenger rights protection into full compliance with EU acts, despite the biggest challenge on the way to building democracy in Ukraine - the full-scale invasion of the Russian Federation and the closure of Ukrainian airspace for today. The development of legal mechanisms to protect the rights of air passengers is determined not only by the desire to ensure their safety during travel, but also contributes to the development of the aviation industry in general. The need to pay attention to the protection of the rights of air passengers in the process of implementation of EU acts is emphasized, since human rights standards require proper study and implementation for the effective use of common air space, restoration of air navigation infrastructure. The main attention is focused on the peculiarities of the harmonization of national and European standards, which requires significant efforts and a large number of measures on the part of the state, in particular, the proper implementation of EU acts regarding the rights of air passengers and the protection of consumer rights. Next steps regarding further obligations of Ukraine were also analyzed. Increasing attention to the protection of the rights of air passengers is of practical importance for increasing the effectiveness of cooperation between Ukraine and the EU in the field of human rights and creating a modern legal framework for aviation regulations regarding the rights of air passengers in the country. Tasks that need to be completed for the successful integration of Ukraine into the common aviation space of the EU are highlighted. The experience of law enforcement for the protection of the rights of EU air passengers will contribute to the restoration of our state’s capabilities for the safety of civil aviation flights. Conducting research in this direction is a relevant and necessary scientific search.

The Saudi Passenger Rights Regulation of 2023 "A Critical Analytical Study"

objective: The main objective of the article is to analyze the provisions contained in the Passenger Rights Regulation. The article supports the legislation of these regulations because it facilitates the continuous adaptation of passenger rights. However, the article criticizes the lack of precision in defining the interaction between the legal rules applicable to international air travel and domestic passenger air travel. Such internal regulations that apply to cross-border air travel can, in some cases, encourage conflicting laws.
 
 Theoretical reference: The study extensively analyzed the 2017 and 2023 Passenger Rights Protection Regulations in comparison with international laws governing air transport, referencing relevant scholarly works.
 
 Methodology: The study used an analytical approach, examining the 2017 and 2023 Passenger Rights Protection Regulations and comparing them with international laws governing air transport, incorporating insights from relevant studies.
 
 Results and Conclusion: The internal regulations governing cross-border air travel, as critiqued, have the potential to engender conflicting legal frameworks. Moreover, the recently enacted 2023 Passenger Rights Regulation is scrutinized for its lack of a feedback mechanism, a crucial element for future regulatory amendments. The article further underscores the regulatory misalignment with international agreements governing international air transportation, indicating that these internal regulations do not comprehensively and equitably safeguard the rights of all passengers. For legislation to serve as a catalyst for innovative and apt legal frameworks in the advancement of air transportation operations and passenger rights, it is imperative that such internal regulations be all-encompassing, non-conflicting with existing legal norms, incorporate a robust feedback system, and ensure the exhaustive protection of passenger rights.
 
 Implications of research: The article critically evaluates current passenger rights systems by shedding light on their weaknesses and the lack of communication between national and international laws related to air travel. Additionally, it conducts a comparative analysis between the passenger rights systems of 2017 and 2023, detailing the changes and their impact on the relationship between local and international laws. The article addresses deficiencies in the new 2023 legislation, such as the absence of a feedback system and its non-alignment with international agreements, highlighting the need for improvement to ensure greater comprehensiveness and alignment with developments.
 
 Originality/value: This study stands out as the sole examination of passenger rights in Saudi law according to the 2023 regulations. It offers solutions to achieve harmony between national laws and international agreements, as well as the potential for continuous improvement of rules within the scope of a perpetually evolving application.

Air Passenger Rights Case Law Developments from 1 January to 25 November 2023

From 1 January to 15 November 2023, there have been limited case developments in relation to air passenger rights. The first part of this article highlights recent decisions from the Court of Justice of theEuropean Union that have shed light on the interpretation of EU Regulation No 261/2004. The second part presents a non-exhaustive overview of selected significant rulings from non-EU countries. In the case Austrian Airlines v. TW, the Court defined the rules applicable to rerouted flights in the context of the coronavirus crisis. In the case FW v. LATAM Airlines Group SA (Latam Airlines), the Court clarified the rules applicable to passengers denied boarding. In the case TAP Portugal v. flightright GmbH and Myflyright GmbH, the Court ruled that passengers are entitled to compensation following a flight cancellation as the death of a crew member away from the airline’s base is not an extraordinary situation. In the case Lufthansa v. Vadhera, an Indian Court decided that moral damages may be awarded for lost and delayed luggage in the absence of any physical injury suffered by a passenger. The Mexican Supreme Court recently declared a provision of the national Civil Aviation law unconstitutional and declared that airlines must compensate passengers denied boarding due to overbooked flights with at least 25% of the ticket price, regardless of the different options offered to them. The District Tribunal of New Zealand awarded damages to a passenger as it found an airline liable of misrepresentation and set a precedent in the way airlines promote their inflight experiences. passenger rights, flight delay, flight cancellation, flight compensation, overbooking, extraordinary circumstances, repatriation flight, luggage, moral damages, misrepresentation, aviation sector, aviation law, air law

Limitation of Actions and Air Passenger Rights in Thailand: Importing the Law but Leaving Judicial Reasoning Behind

This article comparatively analyses limitations regarding the submission of passenger claims in Thailand and the EU. Thailand transposed EU Regulation 261/2004 on denied boarding, delay and cancellation of flights into its national law. Since EU Regulation 261/2004 does not contain any provision referring to a statute of limitations for legal actions, the Court of Justice of the European Union (CJEU) found that the limitation period was governed, and continues to be governed, by the domestic law of each Member State, as opposed to the Montreal Convention of 1999 which prescribes a single standard for limitation period. Despite importing this piece of secondary EU legislation, the Thai judicial branch has, so far, not followed the said CJEU judgment. The Thai court selected the two-year limitation period under its domestic law which implemented the Montreal Convention of 1999. Since this lack of harmonization does not benefit the orderly development of international civil aviation, this author suggests that the International Civil Aviation Organization (ICAO) should take action. Limitation of Actions, Air Passenger Rights, Thailand, Denied Boarding, Time Bar

The CJEU Confirms Its Narrowed Interpretation of the Notion of ‘Extraordinary Circumstances’ in TAP Portugal (Death of Co-Pilot)

In TAP Portugal (Death of Co-pilot) (C-156/22), the Court of Justice of the European Union ruled that the death of a co-pilot shortly before a flight does not qualify as an ‘extraordinary circumstance’ under Regulation (EC) 261/2004. According to the Court, this event is ‘inherent in the normal exercise of the operating air carrier’s activity’. The Court reaffirmed the strict cumulative conditions to be met in order to avoid standardized compensation in the case of a flight cancellation or delay. passengers, extraordinary circumstances, CJEU, passenger rights, illness, death

Brief considerations regarding the specific concept of "consumer" - contracting party involved in a commercial legal relationship

At the level of the European Union, consumer protection has been integrated into all relevant policy areas of the Union legislation, so consumer interests have been a central theme in several legislative initiatives of the European Commission. At the same time, the need to modernize or strengthen some of the existing provisions in the matter of consumer protection was also noted.
 Therefore, at the level of 2023, we can appreciate, without making a mistake, that the citizens of the Union Member States benefit from adequate Union legislation as well as application or transposition, as the case may be, regarding consumer protection in major areas such as passenger rights, purchase of goods and services, including in the digital system, the acquisition of the right of use for a certain period of some accommodation lodgings, or some holiday packages, and also the unfair commercial practices or abusive contractual clauses.

Overbooking in Air Transportation: Problems and Solutions

Overbooking is widely used by airlines worldwide as one of the mechanisms that reduces the loss-making during transportation in case some passengers cancel the contract of carriage after purchasing a ticket. Russian legislation does not contain provisions allowing airlines to use this mechanism. In modern conditions, legitimization of overbooking in Russia will ensure minimization of airlines’ losses and protect the rights of passengers through compensatory measures established by law. The purpose of the paper is to analyze the possibility of legitimizing overbooking in the Russian Federation and propose legal measures to protect passengers. Methodologically the author relies on dialectical, comparative legal, systemic methods, as well as methods of legal modeling, analysis and analysis of legal reality. The author examined certain legal norms of the Civil and Air Codes of the Russian Federation regarding the possibility of termination or modification of the passenger air transportation agreement unilaterally (on the initiative of the carrier). The paper provides for a legal justification for this possibility of termination or modification of the passenger air transportation agreement unilaterally (on the initiative of the carrier). The foreign legislation in the field of overbooking has been studied in order to use some of its provisions. Proposals have been developed to determine the «excess» passenger during overbooking and the application of compensation payments. The possibility of legitimizing the use of overbooking in air transportation of passengers in the Russian Federation and ensuring the legal protection of passengers through compensation payments is substantiated.

RESPONSIBILITIES OF RAILWAY FACILITIES OPERATORS IN INDONESIA IN THE PERSPECTIVE OF TRANSPORTATION LAW

Along with the development of the transportation industry, various problems arise that result in losses for consumers. These losses can be time losses, cost losses, energy losses, and health losses. The existence of such losses raises the responsibility of the carrier to compensate for the loss. The researcher tries to analyze legal issues using legal research through two approaches, namely the statute approach and the conceptual approach based on transportation law and consumer protection law, using several laws and regulations relevant to existing legal issues. The researcher views PT KAI as the land transportation operator, including business actors and train passengers, including consumers. The relationship between PT KAI as the operator of transportation and passengers as consumers raises the carrier's responsibility to be able to fulfill the rights of train passengers as consumers. Therefore, the author will analyze the responsibilities and legal protection for the parties.

Report on the 13th Liability Seminar of the European Air Law Association (EALA), at Steigenberger Airport Hotel, Berlin, Germany on 2–3 February 2023

This paper provides an overview of the 13th Liability Seminar organized by the European Air Law Association (EALA), which took place in Berlin in February 2023. After a three-year hiatus due to the pandemic, the seminar brought together experts from various jurisdictions to discuss liability developments, claims handling, and insurance in the aviation industry. The seminar featured nine panels covering a wide range of topics, including passenger rights, liability exposure of aircraft lessors, operational issues caused by the pandemic, procedural developments, and innovation in litigation finance. Notable presentations included discussions on liability exposure and litigation in relation to leased aircraft stranded in Russia, the impact of the pandemic on liability issues, and the role of technology in online litigation proceedings and innovative solutions for claims handling. The 13th Liability Seminar provided a platform for industry experts to exchange knowledge and insights, addressing current liability challenges in the aviation sector and fostering the ongoing development of air law. EALA, Air Law, Liability, Regulation 261, Insurance, Aircraft Leasing, Ukraine

Can consumer rights improve on-time performance? Evidence from European Air Passenger Rights

Under EU Air Passenger Rights legislation (“EC261”), carriers must provide assistance and cash compensation to passengers in case of long delay. We study whether the regulation reduces flight delay. EC261 applies uniformly to flights departing from the EU, but covers only EU carriers on EU-bound flights. Exploiting this variation, we find that regulated flights are 5% more likely to arrive on time, and mean arrival delay is reduced by almost four minutes. The effect is strongest on routes with little competition, and for legacy carriers. Thus, consumer rights can improve quality when incentives from competition are weak.

Certain aspects of the protection of the rights of railway passengers

The article reveals the peculiarities of certain aspects of the protection of the rights of railway passengers.
 Protection of the rights of consumers - passengers of railway transport is currently an important direction of state policy. At the same time, the problem of protecting the rights of railway passengers remains insufficiently researched today.
 In the conditions of instability caused by the pandemic, the introduction of martial law, and the economic situation in the country, the problems of consumer rights protection have gained special importance. It is worth noting that attention to the protection of consumer rights is also connected with the rapid development of digital technologies, which significantly change traditional approaches to understanding consumer relations. Today, the sale of goods and services using the Internet (e-commerce) is gaining more and more popularity, which is primarily due to the low price of goods and services, as well as the convenience of obtaining them.
 At the national level of consumer rights protection, in general, the following main factors that affect the level of consumer rights protection can be identified: imperfect legislation; insufficient funding, material, technical and personnel base; lack of consumer education; uninformed consumers about their rights; inactivity of central and local authorities and local self-government bodies regarding the implementation of consumer rights and interests; corruption in authorities; distrust of citizens.
 The purpose of the study is to analyze the legal status of consumers - passengers of railway transport and to provide proposals for eliminating gaps in national legislation in the specified area.
 Various aspects of the institute for the protection of consumer rights were reflected in the works of national and foreign scientists. It is worth noting that the protection of consumer rights in the digital age is the least developed area of legislation at the national level. Effective protection of consumer rights is crucial for the formation of a fair, transparent and competitive social and economic system of any state in particular and the world system in general. In recent years, the issue of separation in the legal structure of consumer law has been actively discussed. It requires a detailed analysis of the legal status of the passenger of railway transport and the elimination of gaps in the national legislation in the specified area. In addition, the consumer's right to receive a service is insufficiently implemented.
 Today, it is expedient to create an electronic database of passengers and railway transport. Taking into account the fact that the passenger's data is already entered when buying a ticket, there is no need to accumulate extra information. This will allow to protect the rights of passengers, on the one hand, and on the other hand, it will lead to a reduction of corruption risks in the transport industry. This will allow, in particular, to restore tickets in case of their loss; to confirm the fact of passenger travel, ticket purchase, etc.

PRAVNI POLOŽAJ POSEBNIH GRUPA PUTNIKA U AVIO-SAOBRAĆAJU

Passengers using air transport services have a guaranteed set of rights that ensure their use of these services in a reasonable manner. All passengers are subject to the general regime of rights related to the liability of the air carrier regulated by the regulations of the Montreal Convention, as well as the special rights guaranteed on the basis of Regulation 261/04 on compensation and providing assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. Apart from of that general regime, there is a special regime of rights, that is, there are special groups of passengers for whom there are certain specificities in the regulation of their rights in air traffic. These groups of passengers include consumers, people with reduced mobility or with disabilities, children and people with monitoring. In addition to them, even though they are not provided with additional protection by any legal rule, certain specificities occur for travelers who travel for business purposes. The paper will provide an overview of the existing regulation related to the rights of passengers in air traffic, through the analysis of special groups of passengers in air traffic. Also, a certain direction of regulation change in this area will be observed.

Opening Pandora’s Box: Comparing Airline Passenger Protection in Korea and Europe in Light of Global Treaties

Passenger protection will continue to ask for attention. The involved bodies and persons include policymakers and legislators, media, courts, compliance departments of airlines, law firms, consumer protection organizations, and airports. All parties must announce the conditions for such protection on their premises. In 2020, around 50% of all cases in the Netherlands, around 4,000 to 5,000 claims submitted to the lower courts, concerned passenger protection in aviation. In the Republic of Korea (Korea), these numbers are more limited but still significant; that is, around 2,500 claims form the aggregate number presented to Korean courts and Korea’s Consumer Protection Agency. The complexity of these cases is caused by the differentiated conditions under which protection measures are expected by and provided to passengers in conjunction with the various legal layers under which remedies must be afforded to them. Such layers concern global treaties; regional and domestic regulations; and conditions of carriage drawn up by the International Air Transport Association (IATA) and implemented by member airlines. Last but not least, all of these legal tools have been explained by courts in all parts of the world with differing interpretations of these rules. For these reasons, this Article is entitled “Opening Pandora’s Box.” Lifting the ceiling of this box—which contains conditions, rules, remedies, and court decisions—reveals sources of great and unexpected troubles. We have made an attempt to open that box in this Article. The continued magnitude of claims presented to Korean courts and the Consumer Protection Agency calls for a fresh light to be cast on this subject. This Article will examine the legal situation surrounding these issues by exploring the law in the following aspects. Part I of this Article will discuss the global umbrella regulations governing passenger protection. Parts II and III explore zealous Korean initiatives in passenger protection and the long and winding road in the European Union (EU). Part IV presents concluding remarks. We conclude that the passenger protection regimes in Korea and the EU are among the most developed in the world. The Korean model is more detailed and specific than its European counterpart; however, passenger rights are more vigorously enforced by courts and other bodies in the EU States. Moreover, we analyze the compatibility between decisions made by the Court of Justice of the EU (CJEU) and global regulations pertaining to airline liability.

Delayed Flights and Delayed Rights: It is Time for the United States to Follow the European Union’s Lead and Enact More Regulations to Protect Airline Passengers

Since Congress passed the Airline Deregulation Act of 1978, travelers have benefitted from airline deregulation through discounted prices and greater access to air travel, but these benefits have largely been offset by the reality that many airline passengers are unsatisfied with the airline industry’s customer service, or lack thereof. This Comment argues that the United States should follow the European Union’s lead and, in accordance with Regulation EC 261, require airlines to compensate passengers when their flights are delayed or canceled. The concentrated aviation industry has created a market that does not adequately protect airline passengers, and the courts have not provided passengers with an adequate venue for relief. Enacting legislation similar to Regulation EC 261 would make airlines accountable, improve service at a marginally low cost, and generate a more uniform standard of airline passenger rights, creating more transparency and certainty for both airlines and passengers.

Slot Postponements as Extraordinary Circumstances of EU261

This article deals with one aspect of Regulation 261/2004, namely the exemption of its Article 5(3) regarding compensation payments, particularly in case of slot postponements by Air Traffic Management (ATM). These ATM decisions can exempt airlines from compensation payments. However, opinions differ in the legal literature and case law as to when this is the case. The article examines the current opinion, especially in the German-speaking EU area, comments on the role of the Court of Justice of the European Union(CJEU) and the pending reform proposals on regulation. passenger rights, extraordinary circumstances, ATM decision