Studies On The Change And Cancellation System Of Air Passenger Transport Contract

As China's economic level continues to develop,the people have also put forward higher requirements for travel.Air passenger transportation has gradually become one of the popular ways of travel.With the rapid development of the air passenger transportation industry,disputes related to it have also increased.One of them is the change and cancellation of the air passenger transportation contract.Such disputes once caused heated discussion in society.How to solve the problem of change and cancellation of air passenger transportation contract is related to the protection of the vital interests of passengers,as well as the maintenance of market economic order and social stability.Because of this,it is of great significance for the in-depth study of the change and cancellation system of air passenger transportation contracts.This paper is intended to be divided into three parts:The first part is the chaos in change and cancellation of the air passenger transportation contract in China.At present,there are mainly three chaos: First,the airlines abuse the standard terms.Airlines use the standard terms that the special ticket can not be changed or returned to restrict or exclude the rights of passengers.Second,airlines violate the principle of fairness.The airlines do not consider the time point for passengers to change and return,and charge a high transaction fee for all circumstances,which violates the principle of fairness.Third,airlines abuse market dominance to infringe public interests.The second part is the legislation and practice of the change and cancellation of air passenger transportation contracts.Firstly,the paper introduces the relevant regulations on the change and cancellation of air passenger transportation contracts in China.The provisions on the change and cancellation of air passenger transportation contracts in China mainly include several levels such as domestic laws,administrative regulations and normative documents.Then the paper introduces the practice of change and cancellation of the air passenger transportation contracts in China.The judicial authorities and administrative organs in our country have different views on the effect of the change and cancellation of contract.The judicial authorities have determined that the clause that the special ticket cannot be returned or changed is valid,but the administrative organs determine that it belongs to the overlord clause and should be invalid.The third part is the improvement measures of the change and cancellation system of air passenger transportation contracts.To improve the change and cancellation system of air passenger transportation contract,the following aspects must be achieved: First,to restrict on the use of standard terms that special air tickets cannot be changed or refunded.The competent authority shall develop guidance documents specifically for the purpose of regulating the use of relevant provisions.Second,to uniform the cost of change and cancellation of air passenger transportation contract.Third,to improve the laws and regulations on change and cancellation of air passenger transportation contract.To achieve refined legislation,while at the same time in the legislative process,focus on the protection of air passenger rights.