It is noticeable to every observer that the world has witnessed a great development in the field of travel by air transport – or what is known as airlines – as travel by air transport is characterized by speed in transportation, which prompts passengers and shippers of goods to choose it as a preferable alternative to any other means of transport. To save time and effort in travel, and therefore the delay of airline companies in the time of travel of passengers and their luggage or the transport of goods is a strong reason for the airlines’ responsibility towards the passengers and shippers of those goods, and this delay in implementing the contract of transportation – passengers or goods – is one of the biggest problems that arise.
The air carrier faces during the implementation of the air transport contract, and in order to understand this, we must first define the concept of air transport, and secondly the obligations of the air carrier towards passengers and shippers of goods, then we talk thirdly about the basis of the air carrier’s responsibility, then the extent of that responsibility for delay in transporting passengers or goods, Then we talk about the effects resulting from that responsibility, and finally we talk about the statute of limitations for lawsuits arising from that responsibility.
First: The concept of air transport
Air transport is defined as a contract under which the air carrier – airlines – undertakes to transport passengers and their luggage, goods or mail from a point located in a country to a point located in the same country in the case of domestic transport or to a point located in another country in the case of international air transport in exchange for Financial fare by plane, whether on regular or irregular flights.
Second: Obligations of the air carrier
In addition to its basic obligation to the safety of passengers and goods, and its obligation to prepare an aircraft suitable for transporting passengers and goods, the air carrier is also obligated to adhere to the dates of transport of passengers and their luggage, as well as goods, and not to delay their arrival, so that it is exposed to legal accountability if it fails to implement this obligation in a way that leads to harm to passengers, passengers, and shippers of goods.
Third: The basis of the air carrier’s responsibility
The liability of the air carrier – if it fails to implement its obligation to transport passengers and their luggage or goods without delay in a way that causes harm to passengers, passengers and shippers of goods – derives its legal provisions from the internal state law as well as from international agreements to which the state is a party, and in application of this, Article 289 of the Trade Law stipulates Egyptian No. 17 of 1999 stipulates that:
1- The air carrier shall be responsible for the damage resulting from the delay in the arrival of the passenger, luggage or goods.
2 – The luggage or goods that the carrier does not deliver to the addressee or notify him to come to receive them within thirty days from the expiry of the time specified for delivery, and in the event of not specifying it, from the expiry date of the time required by the ordinary air carrier to transport them if found in the same circumstances, shall be deemed to be destroyed.
Article 285 of the same law also stipulates that:
1- The provisions of international agreements in force in Egypt shall apply to international air transport.
2- The provisions of this section and the special provisions stipulated in the following articles shall apply to domestic air transport.
3- Air transport shall be internal if The two points designated by the contracting parties’ agreement for departure and arrival are located in Egypt, even if the aircraft continues its journey beyond the Egyptian territorial borders after leaving the point of arrival.
Among the agreements signed by Egypt and many countries of the world is the Warsaw Agreement, known as the Warsaw Agreement, amended by the Hague Protocol on September 28, 1952, which Egypt approved under Laws 593 and 644 of 1955.
In addition to the Montreal Convention of 1999, which Egypt signed, which specified the maximum compensation for material damage due to an air carrier’s delay in transporting passengers or goods, this agreement did not mention moral damage.
Egypt is considered a member of IATA, the International Air Transport Association, and is subject to its conditions. IATA conditions apply to air transport subject to the Varosova Agreement, and many civil aviation organizations follow IATA guidelines.
As a member of the United Nations, Egypt also belongs to the International Civil Aviation Organization (ICAO), which is a specialized body or agency of the United Nations that works to support and develop air safety regulations and civil aviation standards that are mutually recognized among its member states.
Fourth: The extent of the air carrier’s responsibility
The law sets a specific ceiling that may not be exceeded for the amount of compensation that a judge may award to the air carrier due to its breach of its obligation to transport passengers and their luggage or goods without delay in the amount of one hundred and fifty thousand Egyptian pounds for each passenger unless an agreement is reached between the air carrier and the passenger on what exceeds that amount. And the amount of fifty pounds for every kilo for goods or luggage, as Article 292 of the Egyptian Trade Law No. 17 of 1999 stipulates that:
1 – In the case of transporting persons, the compensation awarded to the air carrier may not exceed one hundred and fifty thousand pounds for each passenger unless agreed upon. expressly not exceeding this amount.
2 – In the case of transporting luggage and goods, the compensation may not exceed fifty pounds for each kilogram. However, if the sender announces upon handing over the luggage or goods to the carrier that he attaches special importance to their delivery at the place of arrival in view of their value and payment of The carrier requests an additional fee in return for this. The carrier is obligated to pay compensation in the amount of the value announced by the sender unless the carrier proves that it exceeds the true value of the thing.
3- As for small or personal items that remain in the traveler’s custody during travel, it does not exceed the compensation that is ruled for each traveler. Five hundred pounds for these things. 4 – The air carrier may not adhere to the limitation of liability stipulated in this article if it is proven that the damage resulted from an act or omission by the carrier or its subordinates or agents while performing their duties with the intention of causing damage or recklessly coupled with awareness of the possibility of damage occurring. .
The air carrier may not deny this responsibility except by proving the presence of a foreign factor that he had no hand in, or force majeure, or the existence of an error on the part of the passengers, the sender, or the consignees, and whoever is not justified in invoking force majeure if his non-compliance resulted from a technical defect in the aircraft, for example, or due to the conditions of its operation. Or it may be the result of negligence or negligence on his part or on the part of one of his subordinates, as Article 290 of the same law stipulates that:
1- The air carrier may not deny his responsibility except by proving force majeure, an intrinsic defect in the thing, or the fault of the sender, consignee, or passenger.
2- If the carrier proves one of the matters mentioned in the previous paragraph, the plaintiff may deny this proof by providing evidence that the damage did not occur because of this matter or that it was not the only reason for causing the damage. In this last case, the compensation is reduced by the proportion of the damage attributed to the matter that Proved by the air carrier.
The air carrier’s responsibility is related to public order
It is not permissible under the provisions of the law to exempt the air carrier from its responsibility or limit it, as they are peremptory texts related to public order, as Article 294 of the same law stipulates that:
1 – Any condition that requires the air carrier to be exempted from responsibility or to limit it to less than the limits stipulated in the law shall be null and void. Article (292) of this law.
2 – Any condition that would oblige the traveler or the addressee to pay all or some of the insurance expenses against the liability of the air carrier and every condition under which the traveler or the addressee relinquishes to the carrier his rights to insurance against liability shall be deemed exempt from liability. Transportation risks.
Fifth: The consequences of the air carrier’s breach of its obligation not to delay the transport of passengers, their luggage or goods.
Every injured passenger, shipper or sender of goods has the right to file a claim for compensation if the air carrier fails to implement its obligation not to delay the transportation of passengers, their luggage or goods in a way that leads to harm to them. It should be noted here that the liability of the air carrier requiring compensation is based on the assumed error of the air carrier.
On his part, the passenger or shipper is not obligated to provide evidence of an error on the part of the carrier, but rather only proves the obligation towards the carrier and the carrier’s failure to implement it. The elements of contractual liability in the air transport contract, such as the element of error and the existence of a causal relationship between the error and the damage caused to the passenger and the sender of the goods, are assumed here by force of law and are not The air carrier can deny its responsibility and obligation only by providing evidence that the damage occurred due to a foreign cause in which it had no hand.
Sixth: The statute of limitations on the air carrier’s liability claim is due to its obligation not to delay the transportation of passengers, their luggage, or goods.
The air carrier’s liability claim resulting from its breach of its obligation not to delay passengers, their luggage, and the goods being shipped is like any other claim, and it should not remain eternal indefinitely. Therefore, the law has set a deadline for filing it, so that if this deadline expires, that lawsuit will not be heard at that time, and then A claim for compensation arising from the liability of the air carrier due to its failure to implement its obligation not to delay the transport of passengers, their luggage or goods in a way that leads to harm to them shall be time-barred after one year from the date on which the right arose, as Article 296 of the Commercial Law stipulates that:
1- The year of every lawsuit arising from an air carriage contract whose subject matter is the carrier’s claim for compensation for the loss or damage of luggage and goods. This period shall apply in the case of partial loss or damage from the date of delivery of the thing subject of transport in accordance with the first paragraph of Article (254) of this law, and in the case of loss Total from the expiry date of the period stipulated in the second paragraph of Article (289) of this law.
2 – Any lawsuit arising from an air carriage contract the subject of which is the carrier’s claim for compensation for the death of the traveler or his suffering bodily harm shall expire after two years. This period shall apply in the event of death from The date of its occurrence, and in the case of physical injury from the date of the accident.
3- Every other claim arising from the air carriage contract shall expire after one year. This period shall apply from the time specified for the arrival of the aircraft, and in the event of not being specified, it shall apply from the time taken by the regular air carrier if it was found in the same circumstances.
4- The statute of limitations stipulated in the previous three paragraphs of this article may not be invoked by anyone issued by him or his subordinates or “His agents committed fraud or a serious error.”
From all of the above, it becomes clear to us what the air carrier’s obligations are and the extent of its responsibility for flight delays towards passengers and cargo shippers.