Air Travel Law: Miscellaneous Issues

Miscellaneous Issues

Accident or Special Circumstances During Air Travel

Responsibility: the airline.

The Montreal Convention now replaces the Warsaw Convention of 1929 in this area.

In the event of an accident, an airline may now be required to pay up to a maximum of 135,000 US $ regardless of its liability. If liability is proven, the compensation amount is no longer capped. Additionally, a quarter of the compensation must, in principle, be paid to victims within 15 days of the accident. In special circumstances, such as a hijacking, the carrier may also be held responsible.

Increase in Airfare Price

Responsibility: the airline.

Under French law, a flight ticket is a contract between a carrier and its passenger, based specifically on a price agreed upon by both parties at the time of purchase. From that point on, the airline cannot under any circumstances increase the price of an already issued ticket, whatever the reasons given. Similarly, it cannot cancel the original ticket to offer a new one to the customer, nor can it charge an additional fee to their credit card.

Note that in the case of a regular flight on a scheduled route, the agency that sold the ticket acts only as the airline’s agent and has no further responsibility once the ticket is issued. That said, courts sometimes hold the intermediary agency liable toward the customer, leaving it to the agency to seek recourse against the carrier.

Unmet Specific Requests (Meals, Seats, etc.)

Responsibility: the airline.

This scenario involves cases where, at the time of purchase, a special meal, a specific seat on board, assistance with boarding, or any other particular service (free or paid) offered by the carrier was requested but not provided on the day of the flight.

In such cases, once the airline has accepted the request, it alone is responsible under the contract represented by the flight ticket (with its features) once it has been issued. As with a price increase for a regular flight, the agency that sold the ticket acts only as the carrier’s agent and is therefore not responsible, even if some court rulings contradict this fact.

Airline Name

Responsibility: the airline (scheduled flight) or the tour operator (charter).

Since a 2006 decree, every passenger must be informed of the name of the airline (and flight details) that will transport them before departure. This measure mainly concerns tour operator charters, although in scheduled flights, the practice of "code-sharing" previously meant passengers were not always aware of which airline would operate the flight.

It should be noted that if the carrier is listed on the European Union’s "blacklist" of banned airlines and the ticket was sold through a travel agency, the agency is then responsible and subject to fines, as the law now prohibits professionals from selling tickets for these airlines.

Traveler and/or Baggage Damage, Loss, or Accidents During Transport

Responsibility: the airline.

The carrier is solely responsible under the conventions governing air transport, particularly the Warsaw and Montreal Conventions. However, if the reasons are related to security or safety measures, the carrier’s liability may not be upheld.

Price Revision by the Tour Operator

Responsibility: the passenger or the agency.

Everything depends on what is stated in the contract, particularly regarding price guarantees. However, price increases can only be made under certain conditions, and for increases over 10%, the customer can generally cancel without fees. Be cautious, though, if the contract states that you may be subject to any price increase without the option to cancel your purchase.

Theft or Damage to a Vehicle in the Airport Parking Lot

Responsibility: the passenger.

The airport is not at fault. Parking is at the owner’s risk, and the fees charged are for parking, not for safeguarding.