Disscussion On Public Air Passenger Carriage Carrier's Obligation To Inform

The air carrier's full performance of the obligation to inform is an important guarantee for the realization of the air passengers' right to know,as well as an issue in establishing a harmonious civil aviation transportation environment.By comparing legislations among the U.S.,EU and China,the U.S.and EU regulations are more meticulous and comprehensive in airline ticket overbooking,code-sharing,flight delays or cancellations and special passenger flight matters,while our country is more principled and has no specific punitive measures.In judicial practice,there have been many disputes in China caused by the carrier's failure to perform or not fully fulfilling the obligation to inform.Judging from the judicial decision,the carrier's obligation to inform existed during the entire process of the air passenger transport contract.In judicial practice,there have been many disputes in China caused by the carrier's failure to perform or not fully fulfilling its obligation to inform.Judging from the judicial decisions,the carrier's obligation to inform existed in the entire process of the air passenger transport contract.At the stage of contract conclusion,it is found that the carrier is responsible for informing passengers of ticket fares,boarding points,and check-in procedures,ticket's validity,contract format terms,ticket overbooking information and code-sharing flight information.At the stage of performance of the contract,the carrier has obligations to inform passengers of delayed or cancelled flights,information of fare,date,or class change,baggage weight limit,and inform the special passengers may be rejected,but does not have obligations to inform the international passengers to prepare effective certificate and baggage detained.After the termination of the contract,the carrier is obliged to inform the use of the passenger's identity information and passenger's complaint results.Through comparative analysis of legislation and the study of judicial precedents,we point out that there are problems such as Civil Aviation Law stipulates too principled and fuzzy,civil aviation regulations excessively scattered and responsibility is unclear,and general conditions of carriage lack of legislation and judicial regulation.It should revise the Civil Aviation Law,clearly the obligation to inform,and formulate civil aviation regulations,refine the content of the obligation to inform,and strengthen the legislation and judicial regulation of general conditions of carriage.