Civil Liability for the Airlines regarding Flight Delay or Cancellation

Mohammad Roushan, Latif Ebadpour
2014 Kuwait Chapter of Arabian Journal of Business and Management Review  
Warsaw1929 Convention and 1955 Hague Protocol made transport operators responsible regarding flight delays or cancellation. Responsibility of cargo airlines towards passengers and goods senders is contractual and based on the assumed fault. In the event of the presence of action triple terms (violation through flight delay or cancelation) and the existence of loss and causation relationship between the loss and the action, cargo air lines are required to compensate for damage to the passengers
more » ... to the passengers and goods senders, unless they prove that they themselves or their agents have taken all necessary measures to avoid the damage or the adoption of such measures has not been possible (Force Majeure) or prove that the loss has been the fault of the individuals themselves .Material damage and lack of benefits in obtainable profits have the capability of being compensated. But most courts of the member states of the Warsaw Convention oppose judgment for compensation for moral damages with the purpose of the Convention. However, some of them consider moral damage eligible through developing the meaning of lesion corporelle (Bodily injury) or through resorting to the place of the court. The maximum of compensation payable to passengers is 250 Francs and in terms of carrying personal registered items and is limited to a sum of 250Francs per Kgs. Including any condition regarding provision of decreasing the responsibility of flight airlines is void but the revoke is not transportation contract, however, it is right to have an agreement to intensify their responsibility, regardless of the fact that the Convention itself also considers some factors enhancing the responsibility of companies.
doi:10.12816/0018681 fatcat:mqdgxhnk6neh5kdtqxghlpzn5y