Legal Problems on the Scope of Liabilities of Airlines in Case of Flight Cancellation Due to Destination Countries Ban Flights or Outbreak

Abstract

Background and Aims: The airline's inability to travel as scheduled due to the destination country announcing a ban on flights into that country will be considered a case of delay, which will cause the airline to be liable or not because the passenger is unable to travel according to the schedule announced by the airline. This article aims to study the extent of air carriers' liability in the case of flight cancellations due to the destination country being closed or flight cancellations due to an epidemic.

Methodology: This study analyzes and compares legal issues regarding the scope of liability of air carriers in the case of flight cancellations due to the destination country being closed or flight cancellations due to an epidemic. To recommend and draft legal provisions related to the scope of liability of air carriers and passenger protection in the case of flight cancellation due to the destination country being closed or flight cancellation due to an epidemic.

Results: The results of the study found that A force majeure event must be an event that occurs and is an event that cannot be prevented by the person who is about to face the said problem. If considering the matter of airlines that must operate flights the destination country has announced a ban on flights into the country. Such cases may also be considered force majeure. Because this is not the case the airline as the carrier will be able to take preventive measures. However, flights were canceled due to the destination country announcing a national lockdown. leaving passengers stranded at the airport the airline must assist the passengers. According to European Union Regulation No. 261/2004. The researcher therefore proposes to provide an exemption from liability for air carriers in cases where the destination country announces a national lockdown as a force majeure event in which the airline is not liable for damages resulting from the inability to carry out transport operations. However, the air carrier is required to still have a duty to care for passengers as necessary throughout the period that the passengers remain stranded at the airport or in the country of origin as necessary and appropriate.

Conclusion: The study emphasizes the importance of excluding force majeure in observing airlines that have been canceled or banned from entering the country, and stipulates the liability of the air carrier in cases where the incident occurred in cases where the airline could not have prevented it. However, airlines are liable for the care of passengers stranded at the airport according to EU Regulation 261/2004. Planning and compliance with these regulations are essential in providing services and support to passengers in emergency and unexpected situations to ensure sustainable aviation industry standards and passenger safety in all situations.