Capital Legal Services wins court dispute on passenger’s claims against airline
- Author: Irina Onikienko
- Service: Commercial arbitration and out-of-court dispute resolution
- Date: 22.03.2016
On March 15, 2016, a team of associates from the Dispute Resolution practice at Capital Legal Services, headed by Partner Irina Onikienko, successfully ended a court dispute concerning claims of a passenger against an airline on full refund of ticket cost based on an international air transport agreement. The firm protected interests of one of the largest holding airlines in Europe and worldwide.
In the course of the dispute, the associates worked out a solid legal position based on the idea that the transport agreement is regulated by the provisions of an international agreement which prevails over Russian law. This international agreement does not prohibit the airline from applying non-refundable fares, and the passenger was aware of and agreed to the non-refundable fare of the ticket that he purchased.
This court dispute was of a high profile for the client, since if this dispute had a different outcome, there would be a high risk that other passengers would make similar unjustified claims.