Annales de l’université d’Alger
Volume 39, Numéro 3, Pages 112-128
2025-09-30
Air Carrier's Obligation To Ensure The Safety Of The Passenger
Authors : Amrouche Fouzia .
Abstract
Abstract The air transport contract imposes on the carrier an obligation to ensure the safety of the passenger, namely to deliver the latter to the agreed destination safe and sound. The importance of this obligation lies in its connection to the life and physical safety of the passenger, avoiding him suffering any damage. Most national legislation and international conventions do not recognize this obligation and merely stipulate its conditions. They also differ as to its nature, whether it is a duty of care or one of performance. The air carrier's liability for breach of this obligation is a specific liability that cannot be excluded by agreement. The air carrier is liable for loss or damage suffered by the passenger which results in his death, injury or damage to his person. It is also obliged to compensate for damage to the passenger's mental faculties, known as moral or psychological damage, and is only exempt from liability if it can prove that it took all necessary measures to prevent the damage, that it was impossible to take such measures, or that the damaged party was at fault.
Keywords
Air transport contract ; , air carrier ; passenger ; safety assurance ; air accident
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