Aviation and law
A claim arising at Amsterdam Schiphol Airport, a collaboration between various (air) carriers, the (wet) lease during the busier summer months, a new (travel agency) agreement or legal proceedings concerning passenger rights: a little turbulence in the aviation sector is not strange to us. Aviation is characterised 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 will be happy to help you with any legal issues you may have to deal with in the aviation industry.
Specialist regulations in the aviation sector
An airline or ground handling company runs a business as well as any other, but it also has to deal with a large number of specialist regulations. Think, for example, of European regulations, IATA resolutions and the Montreal Convention. Our aviation team is always aware of Dutch and international regulations and they ensure that this information is easy for you to incorporate in your day-to-day business.
Procedures for passengers’ rights in aviation
Passenger rights procedures are another aspect in the aviation sector that often requires legal support. Think, for example, of passengers who claim financial compensation from the airline when their flight is delayed or cancelled for 3 hours or more. We help airlines with such disputes, we assess whether a successful defence is possible, we conduct legal proceedings and, if desired, we handle settlements.
Advice on agreements within the airline industry
In addition to litigation, we are also extensively involved in providing advice within the aviation sector. We can assist you with, among other things:
- Entering into settlement agreements;
- averting liability;
- claiming damages;
- lease of aircrafts;
- aircraft maintenance or other commercial contracts;
- seizing (or lifting thereof) an aircraft in the Netherlands;
- entering into cooperation with a Dutch company.
Lawyers aviation
In order to provide legal advice, knowledge of what is happening in the aviation industry is crucial. Staying up-to-date on relevant European legislation and European Court of Justice rulings is just as essential. For more information, please feel free to contact our office.
We act on behalf of international airlines and airports. We are also regularly called in by foreign law firms without their own offices in the Netherlands. Curious to find out what we can do for your legal aviation issue? Please contact Lisa Kloot or Gentia Niesert.
More sectors
More about Aviation
Dissolution of contract: What is a reasonable period for performance?
Suppose your contracting party does not deliver the quality you had agreed, how much time should you give them to improve their performance? In other words, when can you say: "I have lost my patience and I want to dissolve the contract"?
WW premium: low or high rate?
With effect from 1 January 2020, the Labour Market Balancing Act (Wab) will introduce a new system for the WW premium. The sectoral premium differentiation will also be abolished, because many companies no longer belong to a single sector.
Terminating an Agency agreement by the Principal
An agency agreement (“Agency Agreement”) may be terminated with or without cause and below you will find a practicable explanation on which steps need to be considered. Please note that terminating an Agency Agreement may be done through the Cantonal Courts or by taking extra-judicial steps as set out in article 6:265 of the DCC. The EC directive (86/653/EEG) is implemented in the Netherlands in articles 7:428 to 7:455 of the Dutch Civil Code (“DCC”), which is mostly compulsory law, which means that deviation by agreement is generally not possible and that these provisions are overriding. This article will only address the situation where the Principal terminates or rescinds the Agency Agreement. My next article will address the situation of the Agent.
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