Published 2 July 2021
The trend toward greater passengers' rights has resulted in new regulations being enacted in Canada and discussed in the US. Despite the enactment of solid frameworks, passengers worldwide are often facing difficulties to enforce their rights. In fact, any European passenger having faced delay or cancellation of flight knows that obtaining compensation under Regulation 261/2004 is not guaranteed. While all these problems are not new, the COVID-19 pandemic has highlighted the system's deficiencies, with numerous passengers complaining about their reimbursement (or the lack thereof). These problems raise questions regarding more suitable manners for passengers to claim their compensation. Instead of filing a form on the airlines' website or contacting third parties such as CMCs, would online dispute resolution mechanisms (ODR) not be the solution?
This paper will be part of the TDM Special Issue on "Old and New Disputes in Aerospace Law". More information here www.transnational-dispute-management.com/news.asp?key=1858