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Gdansk air and space law Conference

Gdansk air and space law Conference. CURRENT DEVELOPMENTS IN AIR PASSENGER RIGHTS. Gdansk, poland , 14-15 November 2013 Prof. dr. ludwig weber Icao / mcgill university. Gdansk air and space law Conference. AIR PASSENGER RIGHTS – IS A CHARTER NEEDED ?.

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Gdansk air and space law Conference

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  1. Gdansk air and space law Conference CURRENT DEVELOPMENTS IN AIR PASSENGER RIGHTS Gdansk, poland, 14-15 November 2013 Prof. dr. ludwig weber Icao / mcgill university

  2. Gdansk air and space law Conference AIR PASSENGER RIGHTS – IS A CHARTER NEEDED ?

  3. Gdansk air and space law Conference • NOTION OF AIR PASSENGER RIGHTS • PROTECTION OF AIR PASSENGER RIGHTS • DE LEGE FERENDA: NEED FOR A CHARTER ?

  4. Gdansk air and space law Conference NOTION OF AIR PASSENGER RIGHTS • PART OF “ CONSUMER PROTECTION” DISCUSSION • PROTECTION OF “ AVIATION CONSUMER” IS UNIVERSALLY SUPPORTED (ATConf/6) • MONTREAL CONVENTION 1999 (MC’99) SOUGHT TO BETTER PROTECT CONSUMERS IN CASE OF ACCIDENTS • BUT CASES OTHER THAN ACCIDENTS ARE NOT COVERED BY MC’99

  5. Gdansk air and space law Conference NOTION OF AIR PASSENGER RIGHTS CASES OTHER THAN ACCIDENTS: • DENIED BOARDING/OVERBOOKING • FLIGHT DELAYS, INCLUDING LONG ON-BOARD TARMAC DELAYS • FLIGHT CANCELLATIONS • UNCLEAR PRICING/PRICE ADVERTISEMENT • LACK OF INFORMATION ABOUT FLIGHT DETAILS (IDENTITY OF OPERATOR, GATE INFORMATION, RIGHTS OF PASSENGER ETC.) • HANDICAPPED PASSENGERS

  6. Gdansk air and space law Conference • PROTECTION OF AIR PASSENGER RIGHTS EU: REGULATION 261/2004, COVERS ITEMS 1 – 3 , BUT NOT 4 - 6 US: DENIED BOARDING COMPENSATION SCHEME; REGS ON HANDICAPPED PASSENGERS CANADA: DENIED BOARDING COMPENSATION SCHEME

  7. Gdansk air and space law Conference • PROTECTION OF AIR PASSENGER RIGHTS WORLDWIDE REGIME: IATA CONDITIONS OF CONTRACT / COND. OF CARRIAGE (RESO 724 /RP 1724) NATIONAL LAW REGIMES: CONSUMER PROTECTION LEGISLATION; REGULATIONS ON HANDICAPPED PASSENGERS

  8. Gdansk air and space law Conference 3. DE LEGE FERENDA: NEED FOR A CHARTER ? CONCLUSIONS OF THE SIXTH ICAO WORLDWIDE AIR TRANSPORT CONFERENCE, MARCH 2013: 1. PROTECTION OF CONSUMER INTERESTS UNIVERSALLY SUPPORTED 2. NEED FOR CONVERGENCE AND COMPATIBILITY OF NATIONAL CONSUMER PROTECTION REGIMES 3. ICAO SHOULD DEVELOP A SET OF NON-PRESCRIPTIVE CORE PRINCIPLES CONSISTENT WITH MC’99; 4. NEED FOR COORDINATED APPROACHES AMONG RELEVANT ORGANIZATIONS, SUCH AS UNWTO, TO AVOID DUPLICATION

  9. Gdansk air and space law Conference CONCLUSIONS OF THE SIXTH ICAO WORLDWIDE AIR TRANSPORT CONFERENCE, MARCH 2013: • ICAO SHOULD DEVELOP A SET OF NON-PRESCRIPTIVE CORE PRINCIPLES CONSISTENT WITH MC’99: • IATA RESOLUTION ON CORE PRINCIPLES, 69TH AGM • CORE PRINCIPLES VS. CHARTER

  10. Gdansk air and space law Conference CONCLUSIONS • CHARTER, IN BINDING FORM, WOULD REQUIRE INTERNATIONAL CONVENTION • TIME NOT RIPE FOR CONVENTION • CHARTER, IN NON-BINDING FORM, MORE REALISTIC • ICAO CORE PRINCIPLES MAY BE A FIRST STEP TOWARDS A CHARTER • ICAO CORE PRINCIPLES SHOULD COVER ALL 6 ITEMS DISCUSSED ABOVE

  11. Gdansk air and space law Conference THANK YOU

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