The Concept of Delay in Air Transport Contract in Terms of the Provisions
of the Transport Contract Issued by the UAE Air Carriers
Dr. Mahmoud Fayadh
Associate Professor of Civil Law – College of Law – University of Sharjah – UAE
Abstract:
This paper aims at investigate the concept of delay reward damage in the air transport contract in terms of the provisions of the transport contract issued by the air carriers in the United Arab Emirates, and the harmony of these provisions with the relevant national regulations and international conventions (Montreal Convention 1999 and the Warsaw Convention 1929), in addition to many jurisprudences issued by the UAE High Courts.
The study also detects differences between delay and other similar actions that are taken by Air Transport Companies, namely flight cancelation and denial of boarding, which options the transport contract provides in these cases, and to what extent they are in harmony with national and international rules.
The research also discusses the nature of time boarders in air transport contract when determining whether or not there is a delay in light of the provisions of the document of the transport contract and legislative texts as well as national judicial decisions. The research presents specific proposed amendments to the contract of transport of national air carriers, in order to ensure the compatibility of these provisions with national and international best practices.
Keywords: delays in air transport contracts, air transport contract documents, air transport contracts in the UAE, Emirates Air transport contracts.