Lawyer Abdulrahman Al-Houti

The legal relationship between passengers and airlines is governed by a set of rules established under the Montreal Convention of 1999, to which Kuwait acceded pursuant to Law No. 30 of 2002.

This convention serves as the primary reference for the international air transport sector in addressing passenger complaints related to flight delays, cancellations, or lost luggage. It establishes a unified legal framework outlining the airline’s liability toward passengers, cargo, and baggage.

Article 19 of the Convention provides that the carrier is “liable for damage caused by delay in the carriage of passengers, baggage, or cargo,” unless it proves that all reasonable measures were taken to avoid such damage. Article 22 sets the limits of the carrier’s financial liability and establishes procedures for dispute resolution.

Accordingly, a passenger affected by a delay has the right to claim compensation for losses incurred, whether material or moral, particularly if the delay has caused significant psychological or emotional harm.

In the event of a delay, the responsible airline is obliged to provide passengers with immediate assistance, including meals and refreshments, as well as hotel accommodation if the delay exceeds a specified duration, according to the distance and waiting time of the affected flight.

In the case of flight cancellation, airlines are required to notify passengers in a timely manner and allow them to choose between a refund of the ticket price or rebooking on an alternative flight without additional charges at the earliest opportunity. Passengers are entitled to compensation if they were not notified sufficiently in advance or if the cancellation caused actual harm. It should be noted that Article 22 of the Montreal Convention sets a ceiling on compensation for damages resulting from delays or cancellations, unless the passenger proves gross negligence by the airline, in which case the compensation limit may be raised. Courts also retain the authority to assess appropriate compensation in such cases.

Another common issue faced by passengers is lost, damaged, or delayed baggage. The Montreal Convention holds the airline responsible for damage to passenger baggage occurring during the period in which the baggage is under the carrier’s control.

In this context, it is important to highlight that the Civil Aviation Law No. 85 of 2025, issued in August, introduced several significant amendments aimed at strengthening the application of the Montreal Convention standards. These amendments position Kuwait among the countries actively updating their aviation laws to protect passenger rights and ensure justice in the air transport sector.

The new law stipulates that the authority shall, when the carrier is liable for damages to passengers, baggage, or cargo, apply the provisions of the 1999 Montreal Convention, its amended protocols, and any other international agreements to which Kuwait is or may become a party.

Additionally, the law establishes a Compensation Board, chaired by a delegated judge from the Supreme Judicial Council, to examine and adjudicate passenger claims for damages under the airline’s responsibility, and to enforce the carrier’s compliance with the Board’s decisions in accordance with the Convention’s provisions.

Passengers or the airline may appeal a compensation decision to the competent court within ten days of notification. The appeal must be reviewed within one week, and the court’s ruling on the appeal is final and not subject to further challenge by any means.

It is therefore evident that Kuwaiti domestic laws are aligned with international efforts to protect passengers’ legal rights, recognizing that an airline ticket constitutes a binding contract, which forms the basis of the carrier’s obligations toward passengers.

By Lawyer Abdulrahman Al-Houti