Dubai Authority clarifies passengers compensation rights for flight delays

When preparing for travel in the UAE, it is essential for travelers to carefully review the terms and conditions outlined on their air ticket, covering aspects such as travel regulations, baggage allowances, and other general provisions.

By purchasing an air ticket, passengers implicitly agree to abide by these terms and conditions stipulated by the airline.

Moreover, airlines may bear responsibility in cases of flight delays as per Article 357 of the Commercial Transactions Law, which mandates that airlines are accountable for damages resulting from delayed arrivals of passengers, checked luggage, or cargo.

As a signatory to the Montreal Convention of 1999, the UAE applies the provisions of this convention, as articulated in Article 354 of the Commercial Transactions Law. These provisions are relevant to air transport matters, subject to the regulations delineated in subsequent articles.

The Montreal Convention of 1999 specifies that airlines may be held liable for flight delays, except under circumstances beyond their control. Article 19 of the convention elucidates that carriers are accountable for damages caused by delays in passenger, baggage, or cargo carriage, provided they have not taken reasonable measures to prevent such delays or if it was unfeasible to do so.

Additionally, airlines may be required to compensate passengers for any delays incurred, pursuant to Article 22(1) of the Montreal Convention of 1999. This article limits the carrier's liability to 4,150 Special Drawing Rights (SDR) per passenger for damage resulting from delays.

SDRs, as defined by the International Monetary Fund, constitute an international reserve asset based on a basket of major currencies. The limit of liability for airline compensation related to delayed flights was revised to 5,346 SDR in 2019, reflecting adjustments in accordance with international standards.

In light of these legal provisions and conventions, passengers are encouraged to refer to the terms and conditions specified on their air tickets regarding compensation for flight delays. Additionally, they may seek further clarification from relevant authorities, such as the International Air Transport Association (IATA) in the UAE and the Dubai Aviation Authority.

Read also: UAE Authority urges drivers to turn off engines at traffic signals in Ajman

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