Introduction:

There may occasionally be unforeseen difficulties when flying, such as baggage problems, flight delays, or cancellations. To protect air passengers the UAE government established strong aviation laws administered by the general civil aviation authority along with the commercial transactions law (Federal Decree-Law No. (50) of 2022). These relevant laws define passenger rights, airline responsibilities, and the legal options available in case of disputes.

If a flight is delayed or canceled, passengers are entitled to certain benefits based on the length of the delay. Meals and refreshments are required to be provided by the airline in the event that the delay is longer than 2 hours. Moreover, the delay lasts for more than three hours and passengers are required to be provided with accessibility to communication services like a chance to make phone calls or send emails. Passengers have to be provided with hotel accommodations and transportation if the flight delay exceeds six hours. Once a flight is cancelled, passengers have the option of receiving a refund or rebooking on the next available flight at no additional cost to them.

Articles 356 of the commercial transactions law regulates baggage-related issues such as missing baggage, damage of baggage, and delays. Additionally, Article 356 holds the airline liable for loss, damage, or destruction that may affect the registered luggage and goods either in the process of air transport or within its custody. Under Article 357, passengers who experience cancellations or delays of flights, or damage to their luggage or goods are also entitled to compensation for any inconvenience or loss incurred. In the event that passengers’ baggage is lost, they are eligible for compensation based on the value that they have declared for it, with a maximum of AED 500 per kilogram, unless a higher value was first declared. However, Article 358 mentions the exceptions to such liability for damages on the part of the airline. Further, this clause states that a passenger’s personal property is not covered by this liability unless it is the consequence of the airline’s or its employee’s negligence. If there is a mutual agreement or evidence of the airline’s irresponsibility or intentional misbehaviour the limitations may be exceeded.

Article 355 explains the liability of the airline in the form of compensation in case a passenger suffers injury, death, or bodily injury during any stage of air transportation. The amount of compensation, in this case, shall be paid as medical expenses, loss of income, and other expenses related to such an accident. Further, Article 356 holds the airline liable for loss, damage, or destruction that may affect the registered luggage and goods either in the process of air transport or within its custody.

Articles 359-367 deal with various kinds of scenarios relating to liability limitations, baggage damage, and compensation limits for passenger injuries. In the event of the death of the passenger or injury, the airline is to be compensated for an amount not less than the Diya amount prescribed. However, unless otherwise agreed, the maximum amount for transport of luggage and goods carriage is AED 500 per kilogram, with options for additional consignment paid by consignors who specify a special value attached to their items. The courts have the discretion to reduce airline liability if the injured party’s actions caused the damage, and also airlines may be released from liability if damages result solely from the fault of the injured person.

Moreover, Article 359 (3) states that if parcels are lost, damaged, or delivered late which has an effect on the value of other parcels, the total weight of such parcels shall be considered when determining the extent of liability. Furthermore, Article 359 (4) allows for a maximum compensation of AED 5,000 for personal belongings lost or damaged during a flight.

To enforce their rights, passengers can take several steps if they believe an airline has violated the regulations. The first step is to contact the airline’s customer service department and report the issue as soon as possible. If the airline does not resolve the complaint, the passenger can escalate it by registering a complaint with the Consumer Protection Unit under the general civil aviation authority (GCAA). If the issue remains unresolved, individuals can take legal action through the UAE courts. Article 368 of the commercial transactions law allows passengers to sue airlines based on factors such as the airline’s headquarters, the passenger’s final destination, or the location of the airline’s registered office. However, claims must be filed within two years of the flight date.

Conclusion:

GCAA and commercial transactions law protect the rights of air passengers in the UAE by providing legal remedies in the event of a dispute or incident during air travel. It is important passengers understand what this applicable law states, they will be better able to protect their rights and seek compensation if they believe there has been a violation.