ISSN 1008-2204
CN 11-3979/C

中国航空机票超售行为的合法性探讨

Analysis on Legitimacy of Chinese Airlines' Overbooking Practice

  • 摘要: 机票超售在民航售票实践中广为采用,但由于可能导致已购票旅客被原定航班拒载,实践中常引发投诉和纠纷。法律上关于超售的争论主要在于其是否具有合法性,航空公司单方面制定的超售规定能否对航空消费者构成约束。在中国立法对超售尚处空白的情况下,航空公司的超售规定只有上升为航空运输合同的内容,才具备合法性基础。结合中国法律对于格式条款订入合同的条件要求,建议中国航空公司在横平超售规则内容和履行提示义务方式上同时做出改进。

     

    Abstract: Overbooking is widely accepted by airlines in the ticket sale practice. However, since overbooking may lead to denied boarding, there are always complaints and disputes caused by overbooking, which may harm the healthy development of our civil air transportation. Arguments on overbooking, in the field of law, are mainly on its legitimacy. Since there are no statute stipulations on airline overbooking in China, it is only effective when airline's overbooking policy is identified as terms of transportation contracts. Based on current law stipulation on standard terms of contract, a critical look should be taken at the policy and practice of overbooking by Chinese airline. It is strongly proposed that airlines make improvements both to the fairness of overbooking policy and to calling passenger's attention.

     

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