Mª Victoria Petit Lavall – La Protección del pasajero más allá del Reglamento (CE) 261/2004 y del Convenio de Montreal: cláusulas abusivas y competencia desleal

DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), II/2019, p. 104 – 129

Abstract. Passenger protection beyond Regulation (EC) 261/2004 and the Montreal Convention: abusive clauses
and unfair competition. Contracts of carriage by air are standard-form contracts in which the passenger is considered to be a consumer. Hence, the regulations on consumer and user rights apply, that is, in Spain the consolidated text of the General Act for the Defence of Consumers and Users and other Complementary Acts, approved by Royal Legislative Decree No 1/2007, of 16 November. Practice has shown that general conditions of airlines frequently contain unfair terms. The present paper analyses existing case law on some of the clauses that allegedly restrict passenger rights, especially in Spain, where decisions are not always uniform.