Aviation
Aviation and law
A claim arising at Amsterdam Schiphol Airport, a cooperation between different (air) carriers, the (law) lease during the busier summer months, an (agency) agreement with a travel agency or a procedure concerning passenger rights: a little turbulence in the aviation industry is not foreign to us. Aviation is characterized by a complex playing field of national and international companies and consumers. This includes commercial law, insurance law but also international treaties and European law. We are happy to assist you in all legal matters you may face in the aviation industry.
Specialized regulations aviation industry
An airline or ground handler runs a business like any other, but it has to deal with a large number of specialized regulations. Consider European Regulations, IATA resolutions and the Montreal Convention, for example. Our aviation team is always up to date with Dutch and international regulations and they ensure that this information is easily accessible to you. So you are always aware of the applicable law.
Aviation passenger rights procedures
Procedures concerning passenger rights are another aspect for which legal support is often required in aviation. Think, for example, of passengers filing claims with the airline when their flight is delayed or cancelled for 3 hours or more. We assist airlines with such disputes, we assess whether a successful defense is possible, we conduct court proceedings and, if desired, we reach settlements.
Advice on agreements within aviation industry
In addition to litigation, we deal extensively with consulting within the airline industry. We can assist you with such matters as:
- entering into settlement agreements regarding damages;
- averting liability for damages suffered;
- claiming damages;
- hiring (leasing) of an aircraft;
- entering into maintenance contracts for aircraft in the Netherlands;
- lifting or attachment of aircraft in the Netherlands;
- entering into cooperation with Dutch airline.
Lawyers aviation
In order to provide legal advice, knowledge of what is going on in the aviation sector is crucial. Staying up-to-date in terms of relevant European legislation and rulings of the European Court of Justice is essential. Our aviation specialist is Lisa Kloot and she is supported within our firm by a dedicated aviation team.
We act on behalf of international airlines and airports. We are also regularly engaged by foreign law firms without an office in the Netherlands. Wondering what we can do for your legal aviation issue? Please contact Lisa Kloot.
SPECIALIZED LAWYERS
These are our lawyers who are specialized in this area.
More about conflicts
The pilot’s employment contract: points of interest and details for airlines
For most employees, it can be determined with some ease whether they have an employment contract and what law applies to that employment contract. Pilots, on the other hand, occupy a special position within labor law because of the international elements that tend to fester.
Airline liability
What if a passenger suffers bodily injury? Liability in international air transport is regulated in particular by the Montreal Convention (hereinafter: the Convention). The Convention provides rules for European member states on when and for what type of damage airlines are liable. In doing so, the Convention covers both freight and passenger transport and distinguishes between different types of damage.
Defense Against Passenger Claims
Is a flight delayed or canceled or does a passenger face a denied boarding? Then Regulation 261/2004 and the Montreal Convention (Convention for the Unification of Certain Rules for International Carriage by Air) govern the rights of passengers vis-à-vis tour operators and airlines.
