Flight Rules
First, two important aspects related to air travel are overbooking and cancellation. Overbooking means selling more tickets than seats on a given flight, based on the number of defections generally observed, which allows companies to optimize the filling of their planes while leaving the customers the possibility to cancel their trip. This is an accepted practice.
However, passengers whose boarding is denied for this reason are duly compensated. Thus, there is a regulation entered into force, which provides a mechanism for compensation and assistance for people whose boarding has been denied, or there have been long flight delays.
This regulation applies to passengers departing from an airport in a state member of the European Union, whatever the destination airport is; to passengers departing from an airport in a third country to an airport located in a state member of the European Union.
Conversely, it does not apply to passengers departing from an airport in a third country to an airport that is also located in a third country.
Note that for its implementation, the regulation refers to the concept of “passengers” and not “flight.” So when passengers departing or arriving at an airport in the European Union should take two or more successive planes to reach their destination point, any flight is within the scope of this text ( provided of course they are included in the same ticket).
For a flight outside the scope of application of this rule, the company is still obliged to perform the contract for the transport provision, which requires boarding the passengers on the next flight and providing the necessary assistance. However, it may be more difficult to obtain compensation because, in case of refusal by the company, the only recourse is a dispute (with the difficulties involved in the applicable law in respect of contracts concluded in a third country).
As far as lost or damaged luggage during a flight is concerned, there are specific rules too.
In case of damage, the passenger must declare in writing the damage from the carrier at the latest within seven days from the return of the baggage.
In case of delay in delivery of luggage, passengers must submit a claim in writing within 21 days from the date of the baggage availability.
If for the passenger flight is not frequent, there is a period of two years from the discovery of the damage to initiate an action for any damage, against the company.
It is recommended to keep all evidence of the value of your baggage and their contents during a flight.
Regarding the liability of airlines in respect of baggage of passengers for any international flight, two systems coexist:
- The Warsaw Convention (1929) and its additional protocols
- The Montreal Convention (1999).
The Montreal Convention applies to flights between two states that have ratified it. The Montreal Convention applies in particular to all flights (regardless of the destination, including flights within the European Union).
These conventions set limits of liability. If the damage is less than these limits, the passenger cannot claim reimbursement of damages. If the amount of proven damages is higher than the limit of the liability, the passenger cannot claim compensation equal to that limit.
Related tags:
- flight ticket assistance
- application of montreal convention 1999
- Discount flight cancellation tickets
- Flight boarding rules
- Montreal Convention 1999 states that have ratified
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