Passenger Rights

AuthorJohn D. Holding, Q.C., MRAeS
[ 79 ]
Chapter 10: Passenger Rights
It was noted in Chapter 3 that t he Conventions do not appear to pro-
vide a remedy for overbooking, or for f‌light cancellation u nless after
check-in, as non-performance of the contract is not actionable under
the Convention. Some American cases have held that an action for
delay under the Conventions may lie where the passenger is denied
boarding on the booked f‌light but is f‌lown out on a later f‌light. Also, a
common law action for non-performance may lie, subject to the terms
and conditions of the contract as found in the carrier’s tariff.
The European Parliament and the Council of the European Union
enacted Regulation (EC) 261/2004, effective 17 February 2005, (Ap-
pendix I) which introduced a regulatory regime, supplementary to the
Montreal Convention, of minimum rights of passengers in cases of
overbooking, cancellation and delay. These rights are expressly made
without prejudice to any claim for fur ther compensation over and
above those minimum rights.1
The validity of t he Regulation was upheld by the EC Court of Jus-
1 EC, Regul ation (EC) No 261/2004 of 11 February 2004 es tablishing common rules
on compensation an d assistance to passenge rs in the event of denied boarding and
of cancellati on or long delay of f‌lights, and repe aling Regulation (EEC) No 295/91,
[2004] O.J. L46/1, art. 12 at 6.

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