Theses (ÁJK)

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https://hdl.handle.net/2437/251432

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Theses (ÁJK) Tárgyszó szerinti böngészés "aircarrier"

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    Liability of airline carriers and the exemption of their liability based on the EU Passenger Rights Regulation
    Szilágyi, Viktória Éva; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
    The essay discusses the liability of air carriers, the interpretation and scope of defences listed in the Passenger Rights Regulation, illustrating them with real cases and analysing the recently heavily impacted aviation industry by the Covid-19 pandemic from legal aspects. In December 1944, when Franklin Roosevelt and his peers signed the Chicago Convention, which contains the basic rules for civil aviation, they emphasised that the future development of international civil aviation can greatly help and preserve friendship, understanding among the nations and peoples of the world. Over seventy years later, this vision has become an evident reality, to such an extent that air transport is now accepted as a fundamental pillar of our global society, as indispensable to our daily lives as medicine and telecommunications, and essential for social progress and economic prosperity. The growing availability of affordable air travel has considerably widened aviation’s role in our sustainable society. Air transport generates benefits to consumers and creates a wider economy by providing speedy connections between cities. These virtual bridges in the air enable the economic flows of goods, investments, people and ideas that are the fundamental drivers of economic growth. The events of 11 September 2001 in New York caused a big turmoil in the aviation sector, and the volume of air traffic decreased significantly as a consequence of the terrorist attacks carried out that day. It took a couple of years until everything got back to normal, and the intensity of air travel even superseded its past results. Since then air transport industry has not only underpinned wealth creation in the developed world, but has also brought enormous benefits to developing economies by unlocking their potential for trade and tourism. A sudden change in the industry has been witnessed when the coronavirus world pandemic started in 2020. In the last one year air traffic operation decreased dramatically due to restricted country regulations, safety requirements as well as the fear of the virus transmission. The potential impact of the Covid-19 pandemic has been determined by the IATA as a US$252bn loss of passenger revenue in 2020, which is 44 per cent below 2019’s figure, and a threat for 2.7 million airline employees. Based on several predictions the avion industry may normalize its operation approximately three years from now on to reach the same capacity as it was during pre-covid period. In the European Union more and more people prefer flights to train or car travel, and we may experience the same in the United States too as aviation is one of the busiest and safest way to travel. State legislative bodies realized that operating aircrafts and conducting activities in the aviation business qualify as dangerous activities, so the aviation sector needed a set of safety and liability rules to guarantee safety to passengers. Carriers compete to each other in order to convince millions of passengers to choose their services. In this heavy competition, passengers may suffer harm by carriers in the form of breaching the travel contract. Based on this assumption, the European Union’s legislative bodies enacted new rules for events like cancellation, delay and overbooking. Carriers shall pay a fix amount of compensation unless they successfully prove defenses. In the following chapters I would like to highlight the importance of Air Passenger Rights by demonstrating the common triangle of aviation including the denial of boarding, flight delays and flight cancellations. The main focus of my essay is to discuss the liability of airline carriers and spot the exemption of this liability. Finally, I am sharing the view of Commission on the current Covid-19 outbreak in line with the industry.