On The Resettlement Obligation Of Air Carrier In Flight Delay

The obligation to resettle is not a legal term,but an air carrier who neglects to fulfill this obligation in the event of a flight delay will result in a conflict with the passenger.Although the performance of the resettlement obligation is not legally mandatory to be constrained or regulated,in the case of breach of contract caused by delay misleading by the carrier,it is also the proper meaning of the air transport contract to take remedial measures by fulfilling the resettlement obligation,as well as the embodiment of the airline's honesty and credibility.In real life,there are great disputes between carriers and passengers about how to fulfill the resettlement obligations and what standards should be met.In formulating the general conditions of transportation,airlines,based on market rules and cost-benefit considerations,do not fully consider the interests of passengers and the real fulfillment of the resettlement obligations in the general conditions of transportation.At the same time,they often break away from the regulation of general conditions of transportation and do as they please,which further intensifies the contradiction with passengers.Therefore,the following countermeasures are proposed:Firstly,the content and scope of the resettlement obligation should be determined.Only with clear performance requirements can the carrier be better encouraged to perform effectively.Secondly,the carrier should release delay information timely and accurately,fully protect the passengers' right to know,and prevent the loss of passengers from expanding.Thirdly,providing a certain amount of economic compensation to the delayed passengers according to the delay time can not only make up for the loss of passengers to a certain extent,but also solve the delay disputes quickly and efficiently.Finally,we should implement the legal rules,make clear the resettlement obligations in legislation,and refine the contents of the corresponding regulations and systems to improve the legal system of our country,so as to better play its guiding role in practice.