Question: I was set to return to Dubai from India earlier this month, but my flight got cancelled. Due to peak season, rebooking was challenging. Although the airline eventually managed to rebook me, I believe I’m entitled to compensation for the lost time. What rights do I have in this situation?
Answer: In the UAE, passengers are typically bound by the airline’s ticket terms, which include travel and baggage policies. Booking a ticket means agreeing to these conditions.
However, airlines can be held accountable for flight delays. According to Article 357 of the Federal Decree Law No. 50 of 2022, under the Commercial Transactions Law, “The air carrier shall be responsible for damages resulting from the late arrival of the passenger, checked luggage, or cargo.”
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It’s crucial to note that the UAE is a signatory to the Montreal Convention of 1999, so its provisions apply. Article 354 of the Commercial Transactions Law states, “Without prejudice to the international conventions to which the state is a party, the provisions of this section shall apply to air transport, subject to the provisions set out in the following articles.”
The Montreal Convention of 1999 indicates that airlines might be liable for flight delays unless caused by uncontrollable circumstances.
This aligns with Article 19 of the 1999 Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal, which declares, “The carrier is liable for damage caused by delay in the carriage by air of passengers, baggage, or cargo. However, the carrier is not liable if it proves that it and its agents took all reasonable measures to prevent the damage or if it was impossible to take such measures.”
Furthermore, airlines may need to compensate passengers for delays. Article 22(1) of the Montreal Convention of 1999 states, “In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the carrier’s liability for each passenger is limited to 4,150 Special Drawing Rights.”
Based on these laws and conventions, you may contact the airline, citing its terms on delayed flights. You might have a valid compensation claim if the airline can’t justify the cancellation as an extraordinary situation or show that all reasonable measures were taken to avoid disruption.
Consider contacting the International Air Transport Association (IATA) in the UAE and the Dubai Aviation Authority for further guidance.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practice law in Dubai, the United Kingdom, and India. Full details of his firm are available at www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
