Research On Legal Issues Of Air Ticket Overbooking In China

The total turnover of civil aviation of China has maintained an average annual growth rate of 16.3%,and has made great achievements in safety level,industry scale,service ability,etc.Although the development achievements are gratifying,when facing new situations and problems,there is no corresponding specific laws and regulations as the standard,which makes it more powerless to deal with.For example,driven by the maximization of interests,civil aviation enterprises learn and use the beneficial experience of foreign airline revenue management,that is,oversold behavior.Reasonable overbooking and supporting overbooking follow-up services can not only ensure the revenue of airlines,but also meet the travel needs of more passengers and realize the optimal allocation of resources.However,since the first case of national oversold,the number of complaints and disputes about oversold has increased year by year,only a lot more.The essence of overbooking is related to the short introduction time of overbooking in China,the misunderstanding of the nature of overbooking by the public,the overbooking rules of airlines and the imperfect follow-up services of passengers who are refused due to overbooking.Based on this,this paper takes the legal issues of overbooking of air tickets which have been widely concerned in recent years as the research object,in order to benefit the legislative construction of overbooking of air tickets in China,to make passengers and airlines have laws to rely on after disputes due to overbooking,and to further promote the positive and healthy development of civil aviation industry.This paper consists of five parts:The first part is the introduction.Through the development of China’s aviation industry and the social reality of overbooking and disputes,this paper introduces the necessity of its research,expounds its research value,and defines its research scope and research methods.The second part is an overview of overbooking.This chapter takes the oversold of air tickets as the research object,and clarifies the concept,legal nature and the difference of related concepts of oversold of air tickets,which lays a good theoretical foundation for the writing of this paper.Based on the analysis of the problem whether the overbooking of air tickets is a breach of contract or a fraud,the relationship between the flight delay and the overbooking of air tickets is also analyzed in depth.The third part is the legislative analysis of overbooking of foreign air tickets.Mainly is the European Union and the United States and other aviation industry more developed countries to analyze the legal provisions.The European Union and the United States have a more mature legal system and specific regulations on overbooking.The purpose of this chapter is to understand the relevant laws of the United States and the European Union on overbooking of air tickets and their disposal norms,and at the same time to improve the legal system of overbooking of air tickets in China,and to explore its significance for reference.The fourth part is the current situation of overbooking of air tickets in China.In this chapter,through the analysis of the contract law,civil aviation law and other legal provisions of China,and the empirical analysis of complaints and judicial practice cases related to overbooking of air tickets,we can find the legal and judicial practice problems of overbooking of air tickets in China.At present,the relevant laws in our country are incomplete in legal system,low in legal level,and lack of operability in specific norms,which is not conducive to protecting the legitimate rights and interests of ticket buyers who are unable to travel normally due to overbooking.The fifth part is to put forward some suggestions to improve the legal provisions of overbooking of air tickets.It mainly includes improving the relevant legal system,making clear provisions on overbooking in laws and regulations;making clear the compensation scope and minimum compensation standards for overbooking of air tickets;making clear the compensation standards and overbooking notification obligations for overbooking of air tickets;standardizing the situation of being rejected and setting strict legal liabilities.