Tourism & Hospitality
4. Basics of Air Travel Law
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 27 Aug 2015
- Purchasing a seat and receiving a ticket to travel on an aeroplane forms a legal contract for the flight.
- An airline will only be legally obligated (responsible) once the traveller or the flight organiser such as a travel agent has confirmed a ticket.
- All air travel is subject to ‘terms of carriage’.
- These are terms and conditions that are set by the airline and which the passenger must agree to in order to travel.
- ‘Terms of carriage’ often include information about baggage and any limits to liability (responsibility for loss).
- In addition to the ‘terms of carriage’ set by the airline there are a number of laws and regulations that are set by governments or through international agreements.
- These generally concern flight safety and regulation of the liability between the consumer and the airline.
- The terms and conditions apply whether or not the passenger reads them.
- The international agreement known as the Warsaw Convention applies to international flights and states that airlines are responsible for both passengers and their baggage from:
- the point of boarding;
- during the flight; and
- until landing and disembarking.
- Flights are often delayed for a variety of reasons.
- Airlines are not under a legal obligation to be on time.
- If the airline has done everything it could reasonably do to make sure the flight leaves on time you cannot make a claim against it.
- Where the flight was delayed and the airline did not do all it reasonably could to ensure a timely departure you may be able to claim damages (money).
- However you must show that the delay caused the loss of money and you must have notified the airline of the loss of money.
- If the delay resulted in a bodily injury you must show that the delay did in fact cause the injury.
- If a representative of the airline states that they will cover any costs or provide you with any compensation make sure that you get them to put it in writing.
- Airlines’ ‘terms of carriage’ require passengers to check-in within certain timeframes.
- When you do not check-in within these timeframes the airline can ignore the confirmed status on your ticket and reallocate your seat.
- Where you have presented to check-in within the set timeframe and the flight has been confirmed the airline is required to compensate you if they do not take you on the flight.
- “Air rage” refers to unlawful interference with an aircraft or unruly behaviour on an aircraft.
- Air rage is a matter of safety and is taken very seriously by airlines and government regulatory authorities.
- Airlines become responsible for a passenger’s baggage from the time that it is checked in and the baggage coupon is attached to the passenger’s ticket.
- Claims for lost or damaged baggage on international flights are made under an international agreement known as the Warsaw Convention.
- Airlines will be held responsible for the loss or damage to a passenger’s baggage without the passenger needing to prove that it is the airline’s fault.
- Strict time limits apply for claims to be made for baggage compensation.
- If you are injured between the time of boarding the plane and leaving the plane on an international flight your claim can only be dealt with under the international agreement known as the Warsaw Agreement.
- Generally the Warsaw Convention gives you the right claim for injury without needing to prove that it was the airline’s fault.
- However the airline can argue that they took all reasonable steps to prevent the personal injury or that the injury occurred through the fault of the passenger.
- The airlines can limit their liability in their ‘terms of carriage’ including:
- the amount of compensation that can be paid;
- the types of injuries that can be claimed; and
- time limits for making claims.
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