Travel Law and Case Law

Air Travel

Some cases of problems or disputes that can always arise during air travel:

Baggage

• Damaged baggage during transport

• Lost baggage during transport

• Delayed baggage during transport

• Excess baggage fees, confiscated items, fines

Boarding

• Missed flight

• Lost ticket

• Name error or other mistake on the ticket

• Waitlist

• Passenger not using a flight segment

• Boarding refusal (excluding overbooking)

• Passenger refusing to board

• Overbooking (charter flights)

• Overbooking (scheduled flights)

Flight cancellation, rescheduling, or delay

• Flight cancelled, rescheduled, or delayed by the airline

• Charter flight cancelled, rescheduled, or delayed by the tour operator

• Flight diverted to another airport

• Strike-related issues

• Passenger cancelling the trip

• Tour operator or airline bankruptcy

• Airport tax refund for unused tickets

Miscellaneous or general problems

• Accident or special circumstances during transport

• Increase in airfare

• Specific request (meal, seat, etc.) not fulfilled

• Name of the carrier

• Injuries, damages, accidents involving passengers and baggage during transport

• Theft or damage to a vehicle in the airport parking lot

Tours, Stays, and Various Services

Some cases of problems or disputes that can always arise with tours, stays, and other services (excluding standalone flights):

Cancellation or modification of services

• Customer cancelling the trip

• Cancellation due to "risky destination" by the customer

• Trip transferred to a third party by the customer

• Trip cancellation or significant prior modification by the tour operator

• Tour or stay shortened due to an air travel issue

• Failure to provide agreed-upon services on-site

• Price revision by the tour operator before departure

• Additional on-site charge for a service originally included

• Tour operator bankruptcy

Miscellaneous problems

• Forced non-refund by the agency

• Health or administrative issue during the trip

• Visa or entry/exit denial

• Theft of belongings or money at the hotel

How to Handle Problems?

As always—and obviously—the best approach is to avoid problems in the first place by taking the time to carefully read contracts and other travel-related information before purchasing. After all, this is what will serve as the reference in case of a dispute.

Next, it’s important to distinguish between what can be considered a failure or even an "abuse" by a travel professional and what falls under commercial practices that, while sometimes questionable, remain legal. In the latter case, even if you feel cheated, there won’t be much recourse legally.

Generally, if you believe you have been wronged, it’s essential to gather as much "proof" as possible that the service did not meet what was promised. So, don’t hesitate to take dated and easily identifiable photos, gather references, testimonies from on-site contacts or your group, or even reach out to people who experienced the same situation upon your return. Also, make sure to follow the rules and deadlines for claims with your seller and/or insurers, and don’t forget to seek advice. And, of course, keep copies of all documents and use registered mail with acknowledgment of receipt.

However, in all cases, prioritize amicable agreements and the services of the "Mediation Tourism Travel" body over lengthy and often costly legal procedures—especially since being right in fact doesn’t always mean being right in law...

Lastly, avoid unnecessarily venting on discussion forums by shouting "scam" or "fraud" and naming people. Not only is this often unproductive, but legally, it’s called defamation, and you could face legal action regardless of whether you were right about the initial problem. So, if you choose to speak publicly, do so in a "smart" way that won’t backfire—be sure of the facts and your rights, and have first tried to resolve the issue amicably with those involved. Posting about a problem online is primarily a way to alert those you’re in dispute with (who would be wrong to assume it’s just an attempt to harm them) and sometimes to apply a little pressure to move things forward and reach the best compromise.

Useful Addresses

Several organizations can assist with issues related to air transport or travel service sales.

• Directorate General for Civil Aviation (DGAC)

• National Union of Travel Agents (SNAV)

• Mediation Tourism Travel

• French Association of Air Transport Users (AFUTA): 86 rue de la Fédération, 75015 Paris. Tel.: 01 45 67 22 89.

The information in this chapter most often refers to French or European travel law and is not contractually binding.