The UAE determines the financial rights of travelers in the event of flight delays at airports

The UAE determines travelers' financial entitlements in the event of flight delays.

Travelers' rights when flights are delayed for more than ten hours because of technical difficulties.

Question: I took a local carrier from Dubai to the Maldives for a family holiday. Flights experienced a lengthy delay of more than ten hours. I asked the staff, and they explained that it was because of technical problems. In this situation, may I sue the airline for compensation? In this instance, what rights do I have?

In response to your inquiries, the terms of the 1999 Montreal-signed Convention on the Unification of Certain Rules for International Carriage by Air and Federal Decree Law No. 50 of 2022, Issuing the Commercial Transactions Law, are applicable.

Dubai: Are travelers eligible to get reimbursement for delayed flights?

Check the terms and conditions on the airline ticket for information about baggage, travel, and other general matters when visiting the United Arab Emirates. It is assumed that once an airline ticket is booked, the terms and conditions listed on the ticket apply to the traveler.

Moreover, in the event that scheduled flights are delayed, an airline can be held accountable. Article 357 of the Commercial Transactions Law stipulates that "The air carrier shall be responsible for the damage resulting from the late arrival of the passenger, checked luggage, or cargo." This is in line with that provision.

Since the United Arab Emirates is a signatory to the 1999 Montreal Convention, its provisions are applicable. Article 354 of the Commercial Transactions Law stipulates that "the provisions of this section shall apply to air transport, subject to the provisions set out in the following articles," "without prejudice to the international conventions to which the state is a party." This is in compliance with the law.

According to the aforementioned 1999 Montreal Convention, an airline may be held accountable for delays in flights unless they are caused by events beyond their control. Article 19 of the 1999 Montreal Convention stipulates that "the carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage, or cargo." This is in line with that. However, if the carrier can demonstrate that it, along with its employees and agents, took all reasonably necessary precautions to prevent the harm or that it was not practicable for it or them to take such precautions, then the carrier will not be held accountable for the damages caused by the delay."

Additionally, the airline might have to pay the passengers for any delays. Article 22(1) of the 1999 Montreal Convention says that "the liability of the carrier for each passenger is limited to 4,150 Special Drawing Rights in the case of damage caused by delay as specified in Article 19 in the carriage of persons." This is in line with the convention.

The aforementioned Special Drawing Rights (SDR) are defined as an international reserve asset on the International Monetary Fund website. The US dollar, the euro, the Chinese yuan, the Japanese yen, and the British pound are the five currencies that make up the SDR's value. The SDR itself is not a currency.

In 2019, the SDR 4,150 that was previously indicated in relation to compensation for delayed flights was changed to 5,346 SDR in relation to the airlines' liability limit regarding compensation.

You can get in touch with the airline using the terms and conditions listed on your airline ticket about compensation for delayed flights, taking into account the aforementioned legal rules and conventions.

For more information on this subject, get in touch with the Dubai Aviation Authority and the International Air Transport Association (IATA) in the United Arab Emirates.

Read also: A fine of 2000 dirhams on citizens and residents of Dubai and a warning against 31 violations

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