The Legal Framework of Flight Delay Compensation
Compensation for flight delay rests on those norms of the Air Code that govern the obligations and liability of the carrier. In international and domestic carriage, the obligations of the certificate holder are determined in accordance with the Montreal Convention of 28 May 1999 on the unification of certain rules for international carriage by air, Georgia's other international treaties, the Code, the Civil Code and the normative acts of the Agency. In case of delay in the carriage of the passenger and/or baggage, the obligations of the certificate holder are determined specifically by a normative act of the Agency — the document that contains the detailed list of the passenger's rights on delay.
Termination of the Contract and Duties of Care
Classifying the delay is the first analytical step of the case: a postponed departure, a cancelled flight or a terminated contract each carry a different legal qualification. The Code names two grounds of termination — safety and the avoidance of breach of normative requirements — and whether the particular cause falls within that list is the question to be answered before the claim. Force majeure circumstances are a separate test: they release from the duty only where the duty cannot be performed, or is performed improperly, owing to them.
The Code allows the carrier to terminate the contract where this is necessary to secure the safety of the flight or to avoid breach of the requirements of the normative acts of the state of departure, landing or transfer — apart from the cases established by the Civil Code. Such termination is one of the lawful causes of delay; in parallel, the carrier is released from the performance of the respective duties where, owing to circumstances caused by force majeure, it cannot perform them or performs them improperly. From the passenger's perspective, these two rules together decide when a ground for claiming compensation exists and when it does not.
Mandatory Insurance
One further circumstance eases the delay case: the duty to insure civil liability applies to every case where an aircraft uses Georgian airspace, and its breach itself weakens the carrier's position. The notion of operator may extend to the person controlling the use of the aircraft even without holding a certificate — a definition that widens the choice of the direction of the claim. The Aviation Code turns mandatory insurance into a working instrument: when using the airspace of Georgia, the carrier is obliged to insure its civil liability for compensating damage that may be caused to a passenger, baggage, cargo or postal item, to the consignor or consignee, or to a third party — so a source of compensation is preserved even when doubts arise about the solvency of the certificate holder.
Calculating compensation on delay rests on two components: the direct cost — expenses incurred by the passenger because of the delay — and the inconvenience caused by the disruption. Each component requires its own substantiation: the cost by documentary evidence, the inconvenience by comparing the planned event and the ticket. The existence of insurance gives that calculation a point of application: the claim is directed at the object the insurance covers.
On the use of Georgian airspace, the operator or the holder of the carriage certificate is obliged to insure its civil liability for the compensation of damage that may be caused to a passenger, to the sender or recipient of baggage, cargo or postal items, or to a third person; the insurance procedure is approved by a normative act of the Agency. Insurance also determines the practical side of the claim: the source of compensation is secured in advance, which facilitates the enforcement of the demand.
To summarize: in a delay compensation case three questions decide the outcome. First, the regime: whether the carriage is international or domestic determines the application of the Montreal Convention of 1999 and the other rules. Second, the cause: a contract terminated for safety or to avoid breach of normative requirements, and force majeure, release the carrier; in other cases they do not. Third, the security: mandatory insurance creates the source of compensation in advance. Answers to these three shape the strategy of the claim.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
What regulates delay compensation?
The Montreal Convention of 1999, international treaties, the Air and Civil Codes and the Agency's normative acts.
When may the carrier terminate?
To secure safety or avoid breach of normative requirements, where necessary.
What happens in force majeure?
The carrier is released from the performance of the respective duties.
Is liability insured?
Yes — insurance of civil liability is mandatory on the use of Georgian airspace.
How We Help on Legal.ge
Flight delay compensation requires precise knowledge of the rules that unite the international convention and national norms. On Legal.ge you can consult an aviation-law lawyer who will assess your case, determine the grounds of the claim and help you obtain compensation. Submit a request on the site and get qualified assistance.