Özet:

Carriage by air is a heavily international way of carriage, so the international laws are valid. While national legislation is applied in domestic carriages, the provisions of the international agreement acceded is applied in international carriages. The national legislations are also prepared in accordance with the provisions of the international agreement. The problems faced in carriage by air in terms of passenger rights can be listed as: not letting some passengers enter the plane due to over-reservation, cancellation of flights, delayed take-off or delays due to unpunctual landing to the destination, improper information about flight, death or injury of the passenger due to accident or delay, baggage loss or damage, and rejecting handicapped or people with reduced mobility. The provisions of Warsaw convention were practiced in carriage by air until 2003, then Montreal Convention signed in 1999 started to be practiced. The convention was signed by fifty two countries, and put into force in thirty countries in 2003. Each year the number of the countries approving and putting the convention into force increases. Montreal Convention has brought important changes about the liability of the air carrier in case of accident and delay, injury or death of the passenger, and baggage loss and damage. This study explores the problems faced in passenger carriage by air, and what the passenger rights are in European Union, the United States of America and Turkey if these problems occur. The liability of the air carrier in case of the injury or death of the passenger due to accident or delay, baggage loss and damage are explained according to the provisions of Warsaw and Montreal Convention.

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