JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2016, Vol. 29 ›› Issue (1): 36-41.DOI: 10.13766/j.bhsk.1008-2204.2015.0394

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Analysis of the Legal Liability of Overbooking Flights

HE Xuxu   

  1. Institute of Sciences, East China University of Political Science and Law, Shanghai 200042, China
  • Received:2015-08-11 Online:2016-01-25 Published:2016-01-21

Abstract:

Whether airlines fulfill their information disclosure obligation related to overbooking determines the effectiveness of standard clauses. The most controversial issues in air transport industry and judicial practice include whether breach of the duty of disclosure would constitute fraud so that consumers can claim punitive damages and what is the relationship between liability for breach of contract and liability waiver in Civil Aviation Law. Based on the existing law claims according to different types of contractual obligations breach, the paper analyzes the remedies for passengers and proposes the establishment of a special compensation mechanism for overbooking as a minimum standard, which covers the contractual liability.

Key words: overbooking, flight delay, impossibility of performance, damages, Civil Aviation Law

CLC Number: