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KaiRong Law Firm | China | 3 Aug 2022

Airline's liability for overbooking

Overbooking is quite common in the civil aviation industry. In the case discussed in this article, the Shanghai First Intermediate People's Court discussed an airline's liability for overbooking in detail, including the scope of compensation, whether overbooking constitutes fraud under Chinese law and the airline's notification obligation.
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Spaviatech Law | India | 6 Jul 2022

Boarding for people with disabilities: analysis of DGCA's new rules

The Directorate General of Civil Aviation (DGCA) recently proposed amendments to improve the accessibility of boarding and flying for disabled people. The proposed amendment to the Civil Aviation Requirements follows the infamous IndiGo incident, wherein the airline IndiGo refused to let a distressed teenager board the plane, claiming that he possessed a risk to other passengers. The DGCA's......
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KaiRong Law Firm | China | 15 Jun 2022

Does an airline's refusal to carry disabled passengers constitute a breach of contract?

It is not uncommon to hear of disabled people being prevented from taking flights in order to maintain air transport safety on the ground that they failed to apply for special care services in advance. This article discusses a case that considered the circumstances in which an airline's refusal to carry a disabled passenger will be deemed to be a breach of contract.
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Vaish Associates Advocates | India | 8 Jun 2022

Certification and Registration of Drones under Drone Rules, 2021

The Ministry of Civil Aviation (India) vide gazette notification CG-DL-E26082021-229221 dated August 25, 2021 published the Drone Rules. The said…
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KaiRong Law Firm | China | 25 May 2022

Where is the place of destination in an international air round trip?

According to the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), a court at the place of destination has jurisdiction over action for damages arising out of international air carriage. However, there is no clear definition of "destination" in the Montreal Convention. This article discusses how to understand the place of destination in an international......
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Lexology PRO | Australia, European Union, Hungary, etc. | 14 Mar 2022

COVID-19: key consumer protection developments (Mar 2022)

Regulators and governments around the world address consumer harm connected to the pandemic including misleading product claims and COVID-19 related fraud.
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KaiRong Law Firm | China | 2 Feb 2022

Liability of original air carrier in ticket transfers

If an air carrier has to cancel a flight, it is common practice for it to transfer the passengers to another flight operated by a third party. In such circumstances, if the substitute flight operated by the third party encounters problems (eg, overbooking) which mean that the service provided to the passenger cannot be achieved or is degraded, is the original air carrier still liable to the......
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Arnecke Sibeth Dabelstein | Germany | 19 Jan 2022

Advancing flight schedule by one hour constitutes cancellation

Following several requests for preliminary ruling, three from the regional court in Düsseldorf, the European Court of Justice recently had to rule whether passengers, whose flights had been brought forward by one hour or more, were entitled to financial compensation and whether this constituted an alternative transport with the respective reduction in compensation. The cases leading up to the......
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SKRINE | Malaysia | 8 Dec 2021

What can Mavcom do if AirAsia X does not reimburse its passengers for the value of tickets purchased?

Malaysia's economic aviation regulator (Mavcom) recently issued a media statement regarding AirAsia X Berhad's (AAX's) proposal to pay only 0.5% of the value of tickets purchased by its air travel consumers. While it would appear that airlines are not obliged to reimburse any amount to their passengers for flights that were cancelled due to the covid-19 pandemic, Mavcom has stated that it......
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Cordato Partners | Australia | 5 Dec 2021

Must airlines compensate minor in-flight injuries?

Baggage falling from an overhead locker is one of the five most common causes of injuries to passengers in-flight, the others being turbulence…
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