Emirates: Question: Earlier this month, I was scheduled to fly from India back to Dubai, but my flight was cancelled. I faced significant difficulty securing an alternative booking due to peak season. Although the airline eventually rebooked me, I feel I am entitled to compensation for the time I lost. What are my rights in this situation?

Answer: When travelling in the UAE, passengers are generally governed by the terms and conditions of their airline ticket, which cover travel, baggage, and related matters. By booking a ticket, travellers agree to abide by these rules.

That said, airlines can be held liable for delays in scheduled flights. This is in accordance with Article 357 of the Federal Decree Law No. 50 of 2022 Issuing the Commercial Transactions Law, which states, “The air carrier shall be responsible for the damage resulting from the late arrival of the passenger, checked luggage, or cargo.”

It is important to note that the UAE is a signatory to the Montreal Convention of 1999 and therefore the provisions of the said convention are applicable. This is in accordance with Article 354 of the Commercial Transactions Law, which states, “Without prejudice to the international conventions to which the state is a party, the provisions of this section shall apply to the air transport, subject to the provisions set out in the following articles.”

The aforementioned Montreal Convention of 1999 mentions that the airline may be liable for delays of the flights except for reasons that are beyond the control of the airline.

This is in accordance with Article 19 of the Convention for the Unification of Certain Rules for International Carriage by Air of 1999, signed at Montreal, which states, “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for the damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.”

Furthermore, for any delays, the airline may have to compensate the passengers. This is in accordance with Article 22(1) of the Montreal Convention of 1999, which states, “In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4 150 Special Drawing Rights.”

Based on the aforementioned provisions of law and convention, you may contact the airline, referring to its terms and conditions regarding delayed flights. You may have a valid claim for compensation provided the airline cannot justify the cancellation as an extraordinary circumstance or show that it took all reasonable measures to avoid the disruption.