UAE passengers can claim flight delay compensation under the Montreal Convention and Federal Law No. 50 of 2022 provisions/Representative Image
Passengers in the UAE facing delayed or cancelled flights have clear legal protection under both national law and the Montreal Convention of 1999. Recent court decisions reaffirm that travellers may claim compensation even if rebooked, provided the delay was not caused by extraordinary circumstances beyond the airline’s control. With liability caps, formal claim procedures, and regulatory oversight, the framework ensures passengers can recover losses such as extra meals, accommodation, and missed commitments.
Legal framework governing flight delays
The UAE is a signatory to the Montreal Convention of 1999, which sets international standards for air carrier liability. Under Article 354 of the Commercial Transactions Law (Federal Decree Law No. 50 of 2022), these treaty obligations take precedence over local rules.
- Article 19 of the Montreal Convention establishes that airlines are responsible for damages caused by delays affecting passengers, baggage, or cargo unless they prove they took all reasonable measures or the disruption was unavoidable (for example, due to extreme weather, air traffic control directives, or security alerts).
- Article 22(1) of the Convention caps liability for passenger delay claims at 4,150 Special Drawing Rights (SDRs)—about AED 21,000 (USD 5,700) per traveller.
- Within UAE law, Article 357 of Federal Decree Law No. 50 of 2022 also specifies that carriers are liable for losses caused by delays in passenger or baggage transport.
This dual framework ensures that passengers have enforceable rights under both international and domestic law.
Filing a compensation claim
Passengers affected by flight delays or cancellations may seek compensation directly from the airline. To build a strong case:
- Collect Documentation: Retain boarding passes, e-tickets, rebooking confirmations, and all communications with the airline (emails, texts, or app messages).
- Record Expenses: Keep receipts for meals, taxis, hotel stays, or other out-of-pocket costs incurred due to the delay. Even small items such as coffee can be claimed.
- Document Interactions: Note customer service calls, including the date, time, and the representative’s name, as well as any assurances given.
- Submit a Formal Request: Write to the airline’s customer service, citing Article 357 of UAE law and Articles 19 and 22(1) of the Montreal Convention. Clearly state the delay duration, your expenses, and request a written response within 30 days, in line with IATA guidelines.
- Escalate if Needed: If the airline rejects or ignores the claim, passengers may take the case to the Dubai Aviation Authority’s Consumer Protection Section or escalate through IATA in the UAE.
Organised evidence is crucial. The more thorough the documentation, the stronger the passenger’s claim.
Why the ruling matters
The recent judicial ruling in the UAE clarified that even rebooked passengers retain the right to claim compensation for delays. This has several implications:
- For Passengers: Travellers can pursue recovery for lost time, disrupted schedules, and extra expenses, ensuring accountability.
- For Airlines: Carriers are incentivised to improve scheduling, communication, and service quality, knowing that compensation obligations apply.
- For the Industry: According to the International Air Transport Association (IATA), airlines operating under stricter compensation regimes improve on-time performance by up to 12% within a year.
This framework not only strengthens consumer protection but also drives better operational standards in the aviation sector.
Moving forward: Protecting passenger rights
If you experience a flight delay in the UAE, you are entitled to more than apologies or vouchers. Legal provisions allow you to recover tangible losses and enforce your rights. Start by reviewing your airline’s terms, collecting all relevant documents, and filing a well-documented claim.By citing the relevant statutes and insisting on a timely written response, passengers can claim compensation up to the capped amount of 4,150 SDRs. If airlines fail to respond, regulatory bodies provide recourse.For UAE travellers, this clarity ensures that time lost in airports need not mean money lost as well. Go to Source
