On Civil Aviation Passenger Transport Contract

Civil Aviation Passenger Transport Contract, refers to an agreement signed by passengers and air carriers with terms on rights and obligations for both parties, time, location and price, etc.. Civil Aviation Passenger Transport Contract is a kind of contract with characteristics of the consensual, bilateral, onerous, standard, formal and registered. Air carrier has the compulsory contracting obligation, and the contract contents are strictly restrained.Passengers'behavior of buying air tickets shall be the offer for contracting a Civil Aviation Passenger Transport Contract. Air carriers'behavior of selling out air tickets shall be the acceptance, it means, air carriers has the right to accept or refuse passengers'offer according to different circumstances. Air carriers'release of time table and price list shall be invitation to offer. As a standard contract, both parties'negotiation before contracting becomes unnecessary. It becomes a"accept or not"process for most passengers, therefore it brings into some unjust standard clauses.Modification of Civil Aviation Passenger Transport Contract is the modification under agreement with regarding to change of scheduled flight, date and class, etc.. Assignment of contract refers to ticket endorsement. Termination of Contract, which refers to ticket refund, belongs to termination by agreement. Charge of modification, assignment and termination shall be under both parties'agreement on compensation caused. However, in fact, the charge is directly applied in Civil Aviation Passenger Transport Contract as a Standard Clause according to air companies'regulation.Passengers and air carriers each enjoys their respective rights, and fulfils the obligations. Each of both parties shall bear responsibility for breaching the agreement once they fail to perform the respective obligation, and shall be responsible for compensating the damage once they fail to perform the collateral obligation. Delay of scheduled flight refers to that the transport time exceeds diligent carrier's reasonable expectation. Delay shall be classified into reasonable delay and unreasonable delay, each with regarding liability. Air carriers'refusing to take passengers caused by overbooking, which is an international convention, belongs to typical breaching of contract and the air carriers shall bear the relative responsibility.