flight delays caused a domino effect
8 9, Ki Shunyi District People's Court to bring an action for Air China (hereinafter referred to as Air China) and Delta Airlines (hereinafter referred to as Delta Airlines) plane was delayed due to damages caused by its the loss of a total of 127,000 yuan. Course of the trial, the two companies the agent of the Ki refute the claims one by one. The case is still under trial.
complaint filed under the Ki, 127,000 yuan, including the 100,000 yuan compensation for loss of business opportunity is quite noticeable. With the continuous advance of trial of cases, loss of business opportunities should be compensated, how should identify the amount of compensation and other issues caused by the legal academics and practitioners to think deeply.
reporter Li Song HUANG Jie
due to arrive in Fort Lauderdale the day to participate in an important meeting the next morning,
paul smith top, Ki forced other airlines can only be purchased afternoon flight to Fort Lauderdale. Two days later,
buy cheap shoes online, when Ki returned to New York from Fort Lauderdale when they were told by November 3 did not fly Delta Airlines flights, and its return to buy airline seats has been canceled.
flew to New York as Ki nearly a half hour late, and did not meet the above requirements of economic compensation. But in fact, even up to 4 hours of the bottom line, from the Huai Zhang believes that the
cases of professional aviation attorney from the Huai Zhang told reporters in a foreign country,
tory burch julianne wedge sand, the airline will develop appropriate standards to address the issue of compensation plane was delayed, and in the case of China, is difficult to obtain Peifu. Zhang Qi Huai, told reporters that such cases can be applied in the domestic contract law, consumer protection law, consumers enjoy the right to Claim; operator has informed the obligations of the public information and the Convention
this regard, China University of Political Science Professor Li Xiandong in an interview,
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nike shop 台北小丑上街宣传交通安全(图), pointed out that after the passengers to buy tickets, and the formation of contractual relations between airlines. As a result, delays can be seen as weak airlines to fulfill contractual obligations, but because of delays due to what extent the loss can be compensated, it still is a problem not been clear. Li Xiandong that because the plane was delayed due to compensation for loss of business opportunities in China no clear legal provisions, but whether the parties can carry out business activities through business opportunities and ultimately to obtain commercial profit is completely unknown, the plane was delayed and lost business opportunities causal relationship between not clear.
In addition, if loss of business opportunities identified late and indirect causal relationship between the composition, and Ki evidence to prove that the New York meeting with the client the amount of revenue can be achieved, but by the amount of revenue how to calculate business opportunities loss is still a law does,
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Delta also said that under the Failure to take the Ki Delta Air flights, and Delta without communication with the case of flights other companies to buy, leading to its failure to Delta Air ticket information and confirmation, according to Delta Air Lines industry practice to cancel the ticket, should not bear any legal responsibility.
In fact, as early as June 2004 on the former Civil Aviation Administration issued a 4 hours (or more) not more than 8 hours delay 8 hours (or more) different delay the actual situation of economic compensation to the passengers.
Ki In an interview, , and then ride to the Delta flight Fort Lauderdale, Florida. However, according to him, the day the situation is very different: November 3, 2009 afternoon, riding with his wife flew to New York on Air China flight was already 15:00 pm, nearly one and a half hour late, and the next thing is even more like dominoes in turn be disrupted.
earlier, Tsinghua University Law School Professor Wang Bao tree in the a lot of business opportunities related to the law. In addition to the Company Law, the Anti-Unfair Competition Law to protect people against unfair competition by business opportunities,
tory burch store nyc 医院为双性姐妹做手术定性别, anti-monopoly law against monopoly by creating business opportunities for people to get the general conditions, labor protection through the regulation of non-competition business opportunities and so on.
the late, Ki can only be as fast as possible for immigration clearance, baggage, and rushed through customs Delta Air Lines counter. But when he arrived, was told by 5 minutes late, have not check-in. Delta's staff also said the same day Delta has no flights to Fort Lauderdale.
different standards of compensation airlines
this, the Ki in an interview, also acknowledged that the loss of compensation in the business opportunities there is no clear legal basis for his indictment, the use of very subjective. Involves trade secrets because I will not provide the Court with clients such as mutual exchanges of messages as evidence of loss of business opportunities.
practice, however, said Wang Baoshu commercial business opportunities is the main competition in the market enjoyed the rights and business activities, through the operating rights, fair trade rights, the law firm the right to get the form recognized rights. The Ki reference to
intern Song Ark
China is a party to the Montreal Convention, according to the provisions of the Montreal Convention,
shop omega watches 准新娘半夜硫酸泼未婚夫 事后称愿, in case of delay, as long as the carrier to prove in order to avoid loss at all reasonable measures have been taken or not taken such measures, carrier is not liable. Otherwise, the carrier shall be liable. The contract law more directly on how to solve the plane was late and made a preliminary requirements, such as the provisions of Article 299 of the carrier for delay in transportation, should be based on the requirements of passengers reschedule or refund.
business without a clear legal basis for damages
shall determine the compensation even if the plane was delayed due to loss, loss of business opportunities in the scope of compensation can justifiably enter is another issue.
hearing in the period August 9, Air China said the incident was due later that day due to air traffic control, air control is made by the Civil Aviation Authority government actions in North China, Air China has applied to court for this investigation and evidence collection.
Ki can find other flights once again, the provisional booking, the fare is much higher than costs associated ticket. Not only that, due to temporary take the flight later, Ki missed scheduled meetings with clients in New York, lost opportunities for cooperation with the customer.
reporter from the China Consumer Association, the Association received the first half of the complaints about the air transport 349, compared with the same period last year rose by 79.9%, and caused flight delays in each of the complaints is endless. Prosecution to the court in which claims for compensation, most have not been given final compensation.