Traditional Culture Encyclopedia - Weather inquiry - What if the flight is cancelled because of the weather?

What if the flight is cancelled because of the weather?

Legal subjectivity:

The law does not stipulate this, but the relationship between passengers and airlines is a civil legal relationship of air passenger transportation. Flight delay is regarded as airline breach of contract. Delays caused by weather can be used as an exemption for airlines. Article 584 Scope of Damages of the Civil Code of People's Republic of China (PRC) If one party fails to perform its contractual obligations or fails to meet the contract obligations, thus causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.

Legal objectivity:

Article 67 of the Tourism Law

If the travel itinerary is affected by force majeure or events that cannot be avoided after the travel agency or assistant has fulfilled the duty of reasonable care, it shall be handled according to the following circumstances:

(a) the contract can not continue to perform, travel agencies and tourists can terminate the contract. If the contract cannot be fully performed, the travel agency can change the contract within a reasonable range after explaining it to the tourists; If the tourists do not agree to the change, they may terminate the contract.

(2) If the contract is terminated, the package tour agency shall return the balance after deducting the non-refundable fees paid to the land agency or the performance assistance personnel to the tourists; If the contract is changed, the increased expenses shall be borne by the tourists, and the reduced expenses shall be returned to the tourists.

(3) Where the personal and property safety of tourists is endangered, the travel agency shall take corresponding safety measures, and the expenses thus incurred shall be borne jointly by the travel agency and tourists.

(4) If the tourists stay, the travel agency shall take corresponding resettlement measures. Therefore, the increased accommodation costs are borne by tourists; The increased return expenses are shared by travel agencies and tourists.