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  FLIGHT DELAY  
 
 

The airline passenger’s consumer rights with respect to flight delay are complex but not unfathomable.

Much depends upon the identity of your carrier and where in the world your flight takes place.

The European Union for example has special laws that govern airlines consumer’s rights with respect to delay.

Our national laws may also govern a particular air journey.

In most international journeys it is also possible that International law (eg The Montreal Convention) could govern the situation if a passenger were delayed during an international flight.

In contrast, for domestic flights within the United States there is very little specialised consumer legislation dealing with air passengers rights for delay.

There is a nascent movement to introduce Air Passenger Bill of Rights. So far this is restricted to a very narrow area of a passenger rights. This is in the event that the passenger is incarcerated for an extended period on board on aircraft - so called “ramp delay”.

In contrast, the European Union legislation dealing with air passenger delay is much more protective of the air passenger’s welfare.

In the absence of national or international law usually an air passenger is left to the usual law of contract that might apply to a particular flight. In common law countries such as the United Kingdom or United States this with be the common law of contract or in other countries similar generic laws dealing with private contracts between parties.

Many airlines have conditions or contracts of carriage setting out their contract with the air passenger. In their usual form these conditions typically attempt to avoid the airline being legally obligated legally to give compensation for a delayed flight.

Individual airlines may in certain circumstances promise to provide for compensation for delay in the departure or arrival of the scheduled time of a flight. This appears to be the exception rather than the rule.

As can be seen an air traveller’s legal rights and opportunities for redress have the potential to be very complicated.

Flightmole.com users will need to review and research the geography of their flight as well review the contractual conditions with their carrier to begin to understand their rights as a consumer in the area of flight delay. We suggest new users consider geography first and then the individual airline.

Users can join the Flightmole forum dealing with the issue of flight delay and post their comments or enquiries in respect of delayed airline flights.

Quick Links
EU Flight delay - what is a meal?
EU Flight delay - a hard day's night

 

 

 

 
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