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Airlines - Montreal Convention vs Consumer Rights Act 2015

Airlines - Montreal Convention vs Consumer Rights Act 2015

Postby NFH » Mon Jun 05, 2017 4:14 pm

Section 50 of the Consumer Rights Act 2015 states that "Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service". This means that anything that an airline states on its web site about the service, e.g. food and drink, flat beds in business class, baggage allowances etc, can form a contractual term to the same extent as anything stated in the airline's main terms and conditions.

Article 29 of the Montreal Convention 1999 states "In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non-compensatory damages shall not be recoverable".

If a consumer makes a claim against an airline for a breach of contract on an international flight, including a breach of the above implied contractual terms under Section 50, can the airline escape liability through Article 29 of the Montreal Convention?

A relevant case might be Stott v Thomas Cook Tour Operators Ltd [2014].

If the Montreal Convention does take precedence, given that Article 29 makes no distinction between national legislation and supranational legislation, why doesn't Article 29 likewise override EU261/2004?
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Re: Airlines - Montreal Convention vs Consumer Rights Act 20

Postby atticus » Mon Jun 05, 2017 8:22 pm

Article 29 as quoted by you does not provide a means of escaping liability. It appears to limit liability.
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Re: Airlines - Montreal Convention vs Consumer Rights Act 20

Postby dls » Tue Jun 06, 2017 5:05 am

Stott simply confirms that claims associated with such travel are governed primarily by the Convention, and not by other (European Derived) legislation.
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Re: Airlines - Montreal Convention vs Consumer Rights Act 20

Postby NFH » Tue Jun 06, 2017 11:27 am

Thanks for the replies. So does the Montreal Convention totally prevent the types of claims I describe under Section 50? Or would this prevent only matters on the aircraft itself, but allow matters outside the aircraft, for example promised lounge access or check-in facilities?
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Re: Airlines - Montreal Convention vs Consumer Rights Act 20

Postby dls » Tue Jun 06, 2017 5:35 pm

I think this has been litigated - but where ???
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