An Analysis On The Legitimacy Of Airlines' Overbooking Practice

Since the end of the 19 th century,the consumer crusades kicked off in the United States.By the 1950 s and 1970 s,the whirlwind of these crusades had become increasingly fierce in major developed countries.In 1984,the United Nations established the United Nations Guidelines for Consumer Protection(UNGCP),which incorporated the protection of consumers into the statutory obligations of member states in the form of international legislation.The wave of consumer crusades has also blown into the air transport industry.The 1992 Montreal Convention recognized the importance of ensuring the interests of international air transport consumers and the need for fair compensation based on the principle of restorative reparations.The airline passenger is given the second most important identity other than the party to the contract of carriage-the consumer who has accepted the air transport service.Since then,the protection of the interests of air passengers as consumers has continued to increase.A number of problems have arisen from the lack of corresponding supporting systems since overbooking has been taken into China's aviation industry.According tothe consumers' complaints Bulletin made by China Civil Aviation Administration's(CAAC)from 2013 to 2016,the total number of complaints caused by overbooking continually increasing.In 2016,the CAAC received 114 complaints from overbooking,leading overbooking to get more and more attention.After a man violently dragged off United airline after airline overbooked flight in the April of2017,overbooking,the low-key operation,instantaneous became the hot issue.Many American airlines gave their response soon after.Delta Air Lines increased the amount of compensation supervisors can offer to displaced passengers from $1,350 to$9,950 with gate agents able to offer $2,000,up from $800.American Airlines also enacted a new policy: passengers who have already boarded will never be removed to seat others.Southwest Airlines announced they will no longer overbook flights.As the protagonist of the incident above,announced ten policy changes in response to the incident.These included raising the maximum amount of travel vouchers to passengers "bounced" from flights to up to $10,000 and a $1,500 "no questions asked" fee for permanently lost luggage,and the airline promised to reduce overbooking.While in the latest revision of the Contract of Carriage Agreement,United Airlines has not raised the amount for bounced passengers from their previous $1350maximum.With the rapid development and fierce competition of the civil aviation industry,it is more realistic and significant to discuss how to regulate overbooking through legislation and the industry's self-discipline than to eliminate overbooking.Ministry of Communications of the People's Republic of China(MOC)proclaimed Regulations on the Management of Consumer Service in Domestic Air Transportation(Draft)in2018 January,state power intervening in the regulation of overbooking,which means overbooking will finally become legitimate in China.It is the right time to think about the current situation of overbooking and make further discussions on the basis of MOC regulations.