The protection of the air passenger victim of non-bodily injury in WAEMU
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Every day, millions of people travel around the world by air. However, during these trips, travelers are confronted with recurrent "non-bodily damages". These damages qualified as "non-bodily" are of two (02) kinds. On the one hand, they are damages related to luggage (loss or deterioration of luggage or delayed delivery) and, on the other hand, those related to flights (denied boarding, cancellation and delay of flights). Faced with the rules of implementation of the civil liability of the air carrier as well as the derisory compensation offered by the Warsaw Convention, the Montreal Conventi...
Every day, millions of people travel around the world by air. However, during these trips, travelers are confronted with recurrent "non-bodily damages". These damages qualified as "non-bodily" are of two (02) kinds. On the one hand, they are damages related to luggage (loss or deterioration of luggage or delayed delivery) and, on the other hand, those related to flights (denied boarding, cancellation and delay of flights). Faced with the rules of implementation of the civil liability of the air carrier as well as the derisory compensation offered by the Warsaw Convention, the Montreal Convention was adopted. This new text is in line with the logic of achieving a satisfactory balance between the needs of passengers and the interests of the carrier. Also, the particularity of the WAEMU area lies in the fact that some States have ratified the Montreal Convention while other States remain under the Warsaw Convention. This study will therefore make it possible to analyze the legal protection regime for air passengers coming from or leaving a WAEMU Member State.
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