Air Law

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1st Case

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• Mr Mohamed and his wife Marwa work in Jeddah Saudi Arabia. They booked two tickets to Egypt on EgyptAir Airlines through the company website. They decided to take with them their kids Mido, Zizo and Mizo in order to see their grandparents. They have also shipped a refrigerator, a fan and a washing machine on the same flight. On the departure day and after entering the airport Mohamed failed on the stairs and broke his leg.• Due to his bad manners, Mizo has been slapped by one of the passenger causing him a bodily injury. Zizo didn’t respect the fasten seat bilt sign and hit his head hardly with the front seat. And upon arrival to Cairo, Mido slipped inside the airport building and broke his arm. When Marwa checked the luggage, she found that the fan had been lost, and also Mohamed did not find his lap top that he carried with him on board of the flight. Moreover, Marwa discovered that she suffers a nervous breakdown as a result of turbulence during the flight. 3

- Facts: Mr.Mohamed failed on the stairs and broke his leg after entering the Airport on the departure day.- The Legal Problem: When must the accident take place?- Application: According to Art 17 of Montreal convention the carrier shall be liable for damages sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”- Conclusion: In this case the carrier will not be liable. Because Mr.Mohamed failed on the stairs inside the airport and he didn’t fail inside the flight or during the embarking or disembarking.

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- Facts: Mr.Mohamed and his wife Marwa booked two tickets to Egypt on EgyptAir Airlines through the company website. They decided to take with them their kids Mido, Zizo and Mizo. - The Legal Problem: The liability of the carrier in case of default in ticketing.- Application: According to the second paragraph in Art.3(2) of Warsaw convention "if the carrier accepts a passenger without a passenger ticket having been delivered, he shall not avail himself of those provisions of the convention which exclude or limit his liability.“- Conclusion : Therefore the carrier will have unlimited liability.

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- Facts: Mizo has been slapped by one of the passengers causing him a bodily injury.- The Legal Problem: Is the carrier liable for the body injury resulting from Passenger-to-Passenger Interactions?- Application: The carrier is not liable for one passenger’s assault on the other passenger, because these interactions are not part of the normal operations of the aircraft and are therefore not covered by the word “accident” under Article 17.- Conclusion: The carrier is not liable for the bodily injury of Mizo.

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- Facts: Zizo hit his head hardly with the front seat because he didn’t respect the fasten seat belt sign.- The Legal Problem: Is the carrier liable for the body injury resulting of the passenger’s negligence?- Application: According to Art.21 of Warsaw convention if the damages was caused by or contributed to the negligence of the injured person, the carrier may be exonerated wholly or partly from his liability.- Conclusion: The carrier is not liable, as the accident resulted from the negligence of the passenger (Zizo); as he didn’t respect the fasten seat belt sign.

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- Facts: Mido slipped inside the airport building and broke his arm.- The Legal Problem: When must the accident take place?- Application: According to Art.17 of Warsaw convention the carrier shall be liable for damages sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.” - Conclusion: In this case the carrier is not liable for this injury, as the accident which cause the damages took place inside the airport building.

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- Facts: Marwa found that the fan she had shipped, had been lost.- The Legal Problem: The Carrier’s liability in the case of checked and unchecked luggage. - Application: With respect to baggage, the airline is liable for lost, damaged or destroyed baggage according to the Warsaw convention.- According to Art. 18 of Warsaw convention, the carrier is liable for damages sustained in the event of loss or destruction to any registered luggage during the carriage by air.- Conclusion: The carrier is liable because the fan was shipped and due to the airline’s negligence the fan had been lost.

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- Facts: Mr.Mohamed did not find his lap top that he carried with him on board of the flight.- The Legal Problem: Is the carrier liable in case of damages or loss of luggage which was with the passenger on board of the flight?- Application: According to Art. 18 of Warsaw convention, the carrier is liable for damages sustained in the event of loss or destruction to any registered luggage during the carriage by air.- Conclusion: The carrier will not be liable for the loss of the lap top, because the lap top is unchecked luggage, and the carrier is only liable for checked or registered luggage and goods.

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- Facts: Marwa discovered that she suffers a nervous breakdown as a result of turbulence during the flight.- The Legal Problem: The liability of the carrier in case of emotional damages. - Application: The emotional injuries are not recoverable under Warsaw and Montreal conventions unless there is some conditions which are not existing in this case.- Conclusion: The carrier is not liable for nervous breakdown which Marwa had suffered (because the nervous breakdown is considered as an emotional injury).

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2nd Case

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• Lolita, Rosita, Fahita and labinta decided to go to Chicago. They booked four tickets on Swissair airlines, Cairo - Paris - Chicago, on 20 June 2010 with arrival date 22 of June 2010.• At departure airport, Lolita discovered that her seat has been overbooked and that she had to take the next flight. Due to a dispute with the carrier agent on the charge for excess luggage Labinta missed the flight. Fahita was also wounded by a hypodermic needle from the cushion of her seat. Rosita had shipped on the same flight a model design of a new residence that she would like to build for TORA high class prisoners in Egypt. At arrival to the final destination, on the, she discovered that the model has been damaged. She claimed on the 21 on June 2012, a compensation for loss of work hours, the value of the model, the missing of the first prize, the loss of her reputation as an architect. 17

- Facts: Lolita discovered that her seat has been overbooked and that she had to take the next flight.- The Legal Problem: Does bumping constitute delay or non-performance of the contract?- Application: There are to aspects in this regard :The first aspect: The bumping constitutes delay in this case: • The carrier will be liable if he engaged in willful misconduct. • But, if the carrier took all necessary measures to avoid the damages or it was impossible for him to take such measures, he won't be liable. The second aspect: The bumping constitutes non- performance in this case bumping is not covered by warsaw convention, accordingly in this case the carrier isn’t liable under Warsaw convention and the injured party will have a remedy under his national law.

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- Facts: Labanita missed the flight due to a dispute with the carrier agent on the charge for excess luggage.- The Legal Problem: Is the carrier liable in case of passenger’s fault ?- Application: Art 20 of Montreal convention as well as art. 21 of warsaw convention stated that, if the carrier proved that the damages caused by or contribute in its happening to the negligence, fault or omission of the passenger who claim compensation, the carrier will be exempted totally or partly from responsibility towards the claimant as much as that negligence, fault or omission causes damages.- Conclusion: The carrier will not be liable, as labinta has committed a fault when she had a dispute with the carrier agent on the charge for excess luggage, therefore she missed the flight. 19

- Facts: Fahita was wounded by a hypodermic needle from the cushion of her seat.- The Legal Problem: Is the carrier liable in case of bodily injury?- Application: Article 21.1 of the Montreal Convention provides that the carrier is liable without proof of fault, in the event of death or bodily injury of a passenger caused by an accident on board of the aircraft or during any of the operations of embarking or disembarking.- Conclusion: The carrier is liable in this accident as Fahita was on board of the aircraft and she has been wounded by hypodermic needle from the cushion of her seat.

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- Facts: Rosita discovered that the model design of new residence that she would like to build for TORA high class prisoners in Egypt and had shipped on the flight, has been damaged. - The Legal Problem: The carrier’s liability in case of checked & unchecked baggage.- Application: According to Art.18 of Warsaw convention " the carrier is liable for damages sustained in the event of the loss or destruction to any registered luggage (checked luggage) during carriage by air.- Conclusion: In this case, the carrier will be liable for the damages of the model design.

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- Facts: Rosita booked a ticket to travel on 20 june with arrival date 22 june 2010 and she claimed on the 21 of June 2012 a compensation. - The Legal Problem: What is the prescription for the suit to be filed?- Application: The suit must be commenced within 2 years from:1- The date of arrival of destination.2- The date the aircraft should have arrived.3- The date the transportation stopped.- Conclusion: The carrier will be liable because Rosita filled her suit on 21 June 2012 within 2 years from the date of arrival of destination which was 22 June 2010.Therefore the carrier will be liable for the damages of the model design.

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Thank You =)Presented by: - Eman Gamel

- Aya Aly- Ramy El Sayed- Muhamed Samy- Shahenda- Amira Zaghloul

Under the supervision of: Prof. Yassin El-Shazly23