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Liable for delays in the air passenger transport

Author: HuangZuo
Tutor: LiWei
School: China University of Political Science
Course: International Law
Keywords: Air passenger transport Delay Cancellation of flights Overbooking of Flights Liability
CLC: D993.4;F562
Type: Master's thesis
Year: 2008
Downloads: 226
Quote: 2
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Abstract


Flight delays are the focal issue of Aviation Consumer. The delay will make the loss of air transport and quick advantage, but because of the particularity of air transport, flight delays can not be completely avoided. Therefore, the study in the case of flight delays, the carrier should bear what responsibility has a very important theoretical and practical significance, but also the key to resolve disputes between airlines and passengers. This paper, resulting in the reasons for flight delays and the definition of \and the practice of foreign airlines, of the relevant provisions and practice, and finally put forward some suggestions of relevant legislation, the improvement of the system, and properly handle disputes. From a structural point of view, this paper is divided into five parts: The first part analyzes the cause of flight delays for various reasons, combined with the Aviation Act, IATA conditions of contract, legal theory, as well as national judicial practice of how to define delay. The author believes, can learn from the provisions of the EU regulations, flight distance and delay time defined by the length of the carrier to bear the responsibility for delays, delays in the legal sense. The second part of the first analysis of the meaning and characteristics of the air passenger transport contracts, and then discusses the application of law of the international air passenger transport and domestic air passenger transport. The third part is liable for delays in the air passenger transport, the core content. The issue of how to identify the delay responsibility, from the delay of the Principle of Liability, constitute the elements and the carrier's exemption defense and other aspects are discussed around the principle of full compensation for the principle of predictability; the issue of compensation for damages, analysis of which belong to the received compensation for the damage, and focused on the delay caused by the spirit of the question of damages; Finally, detailed analysis of the cancellation of flights and overbook flights with the carrier delay responsibility. The provisions of the delays and airline practice, the fourth part of the introduction of foreign, mainly on the way to the United States and the European Union on the problem of flight delays, the latest legislative developments and their domestic major airlines deal with flight delays. The fifth part of the first analyzes of civil aviation laws and policies on flight delays, combined with the fourth part of the contents of the proposal to deal with our problem of delayed flights. The final conclusion of this paper, In order to solve the problems brought by flight delays, the building of a harmonious civil aviation and our urgent need to expedite the development of related laws and regulations, improve service quality, in referring to foreign rules and practice at the same time, to give full consideration specific circumstances, the balance of passengers and airline interests, to balance security and efficiency.

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CLC: > Economic > Transportation and economic > Air transport and economic > China 's air transport
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