Carriage by air is highly regulated, fiercely competitive and affected by strong passenger rights

EU Regulation 261/2004

EU Regulation 261/2004 serves to protect the rights of passengers in case of cancellations, rerouting, delays and denied boarding. However, over the last few years this regulation has formed the basis for a new professional trade; the so called ‘claims farmers’. These companies systematically chase passengers and then file claims against air carriers. However, not all such claims are justified.

IUNO can assist the air carriers with handling the so-called “261-claims” in the jurisdictions of Denmark, Norway and Sweden.

Often the claims are filed on the basis of flight delays or cancellations. But a flight delay or a cancellation in itself does not entitle the passenger to compensation – several other conditions must be present. Even when the passenger is entitled to compensation, this should of course be calculated correctly. Collateral costs like collection fees, interest or other added costs should also be carefully reviewed.

IUNO can assist air carriers with handling the many claims arising from EU regulation 261. We make sure that only the justified claims are accepted.

Damage and liability

Air carrier liability is governed by a maze of complex and compulsory legislation, which includes rules concerning time barring, notice of complaints, limit of liability and jurisdiction. In case of injuries to the flight crew the air carrier should also consider the employer’s liability to its employees; such claims should also be reported to the liability insurance of the air carrier.

IUNO can assist air carriers with these matters in Denmark, Norway and Sweden.

Claims may arise in a number of cases; when baggage falls from an overhead compartment, when a stewardess is injured after turbulence, when an aircraft is damaged during ground operations or when baggage becomes missing or delayed.

Each claim should be handled differently and it can be difficult to evaluate and calculate correctly. Therefore, it is not unusual that a claim is reduced or waived, when the correct legal rules are applied.

IUNO can help air carriers assess these claims and ensure that only justified claims are accepted. We have great experience in cooperating with the insurance companies.

Commercial matters

Every day, air carriers are met with complex legal challenges, e.g. in relation to marketing, wet / drylease agreements, authorities and commercial agreements with travel agencies, other commercial partners, and suppliers.

At IUNO, we are ready to assume the role of in-house counsel to the air carrier on day-to-day legal matters.

In relation to consumers, a number of legal rules apply, e.g. in relation to marketing and pricing. Disputes may also arise in relation to travel agencies, e.g. regarding price adjustments. Also, cooperation agreements and supplier agreements, e.g. leasing arrangements, should be very carefully drafted.

At IUNO we can assist in all legal matters relating to the business operations of an air carrier.