Abstract
The Chicago Convention makes no mention of States specific obligations to the consumer of air transport. The closest one gets to the passenger in the Convention is a provision in the Convention providing that one of ICAO’s aims and objectives is to meet the needs of the peoples of the world for safe, regular, efficient and economical air transport.
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Notes
- 1.
On Track to the EU’s Sixth Framework, Interavia, March 2001 at p.15.
- 2.
Grill (2001) at p. 46.
- 3.
The World of Civil Aviation 1999–2002, ICAO Circular 279-AT/116 at pp 26–27. A more conservative estimate is provided by Airports Council International (ACI), which records a forecast growth rate of 3.2% a year globally. This information is based on a response to an ACI questionnaire by 380 airports. See ITA Press, No. 377, 16–28 February 2001 at p.6 .
- 4.
Id. Highlights.
- 5.
Carlson (1989).
- 6.
Huang (2001), p. 18.
- 7.
Ibid.
- 8.
Cheng (1962) at p. 186.
- 9.
Ibid.
- 10.
Statistics Division, Report of the Ninth Session, Montreal, 22–26 September 1997, Doc 9703 (STA/9, (1997)), Recommendation 1, at p.7.
- 11.
Ibid.
- 12.
International Civil Aviation Organization Vocabulary (1998) at p.604.
- 13.
- 14.
Manual on the Regulation of International Air Transport, Doc 9626, First Edition—1996.
- 15.
Id. Appendix 5.
- 16.
Regulatory Affairs Review, April/June 2000 at p. 253.
- 17.
Air Passenger Rights in the European Union, European Commission, Regulatory Affairs Review, January-March 2000 at p.47.
- 18.
Caplan (2000a), P. 204.
- 19.
Caplan (2000b), pp. 211-215.
- 20.
Guerreri (1989), p. 192.
- 21.
426 US 290 (1976); 14 Av LR 17, 148.
- 22.
Id. at 294.
- 23.
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004, Paragraph 10.
- 24.
Articles 9(1) (b) and (c) states that Where reference is made to the Article, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time;
(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes necessary;
(c) transport between the airport and place of accommodation (hotel or other).
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of u.
- 25.
Article 7 States that passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1,500 km or less;
(b) EUR 400 for all intra-Community flights of more than 1,500 km, and for all other flights between 1,500 and 3,500 km;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by 2 h, in respect of all flights of 1,500 km or less; or
(b) by 3 h, in respect of all intra-Community flights of more than 1,500 km and for all other flights between 1,500 and 3,500 km; or
(c) by 4 h, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50%.
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method
- 26.
Rodriguez, Sousa, Lueiro, Gonzalez, Barriero, Alonso, Rodriguez v. Air France, Case C-83/10.
- 27.
Article 7 on Rights to Compensation states:
“1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1,500 km or less; (b) EUR 400 for all intra-Community flights of more than 1,500 km, and for all other flights between 1,500 and 3,500 km; (c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by 2 h in respect of all flights of 1,500 km or less; or
(b) by 3 h, in respect of all intra-Community flights of more than 1,500 km and for all other flights between 1,500 and 3,500 km; or
(c) by 4 h, in respect of all flights not falling under (a) or (b), the operating air carrier may reduce the compensation provided for in paragraph 1 by 50%.
- 28.
FIDS communicates and supports most any type of display device such as CRT monitors, LCD flat panels, plasma displays, split flap boards and LED signage.
- 29.
Carey (2010), p. 39.
- 30.
FIDS can also be accessed through the internet. For example see the FIDS at Hong Kong International airport at http://www.hongkongairport.com/flightinfo/eng/chkfltdep.html.
- 31.
Manual on the Regulation of International Air Transport, ICAO Doc 9626, Second Edition: 2004, at 4.9-1.
- 32.
Annex 9 to the Chicago Convention, Recommended Practice 6.1.1.
- 33.
Annex 9 to the Chicago Convention, Recommended Practice 6.11.
- 34.
Annex 9 to the Chicago Convention, Recommended Practice 6.12.
- 35.
Airport Planning Manual, Doc 9184-AN/902 Part 1, Master Planning, Second Edition, 1987.
- 36.
Id. at Section 9.4.25 at page 1–92.
- 37.
[1964] A.C. 465.
- 38.
[1995] 1 AER 691.
- 39.
Id. 671.
- 40.
- 41.
See Queen v. Cognos Inc., [1993] 1. S.C.R. 87.
- 42.
(2001) 184 D.L.R. (4 Th) 75 (B.C.C.A.).
- 43.
[1997] 2 S.C.R. 165.
- 44.
[1932] A.C. 562. See also Fleming, The Law of Torts, 5th ed.(1977), 176.
- 45.
Supra, note 37 in this chapter.
- 46.
[1981] 1 All E.R. 267.
- 47.
Id. at 276.
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Abeyratne, R. (2012). Rights of the Passenger. In: Aeronomics and Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-28945-3_5
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