Legal Study On Disputes Of Ban On Refund,Changing The Fight Time And Replacing The Airlines

Air transport as a way to travel gets more and more favor of people, for its convenience, high efficiency and economy. As a result, airlines launch a series of special price tickets, which brings convenience to passengers but causes many disputes of special price tickets. The most representative kind of dispute is about the airline’s ban on refund, changing the fight time and replacing the airlines. Domestic scholars have different opinions about the nature, scope and rationality of the ban. Today, there are still some problems about the dispute solutions needed to notice.Three reasons,leading to the ban disputes, should be paid attention to. Firstly,airlines use the ban excessively. Secondly, the ban limits passengers’ main rights.Thirdly, the laws and regulations in the field of air transport are not perfect enough,especially the regulations on the fee standard. The author uses the theories of traditional civil law, contract law and domestic air transport law to analyze current disputes in order to find the problems in the solutions. Then the author tries to put forward some useful and reasonable proposals. So, this paper is divided into five parts.The first part is mainly about the analysis of current disputes. In this part, the author tries to explore the reasons of disputes for discovering key points in it.The second part is primarily about the research on the nature of the ban. And the author’s opinion is that the ban is not only a trade practice but also a standard term.Finally, in this part, the author raise a question about the rationality and legality of the ban.The third part is mostly about the passengers’ rights in the air transport contract.The author analyzes the passengers’ rights which are limited and resolves their illegitimacy.The forth part is largely about the necessity of determining the charge standard and the preparation for desiring the fee standard.The last part is principally about proposals and thoughts on the dispute solutions based on the four parts above.