An Analysis of the Grounds of Jurisdiction and Jurisdictional Issues of e-Ticketing in Light of the Warsaw/Montreal System

In June 2008, the commercial aviation industry moved to 100% electronic ticketing. The advantages of this process are numerous and cannot be underestimated. On the other hand, the extent of this phenomenon has induced the airlines to become web portals. Given the World Wide Web and its global application, the most compelling legal question in this respect would seem to pertain to the transboundary applicability of a contract of air carriage concluded via the Internet. The characteristics of a cyber contract, namely the physical distance between the parties and the fact that the conclusion of the contract is achieved through action other than traditional signature, raises issues both on a theoretical and practical level. Consequently, two questions need to be answers: (i) when is the contract to be deemed as concluded; and (ii) where did the “meeting of the minds” effectively occur? This paper is designed to provide a comprehensive analysis of the international framework regarding jurisdictional issues within the context of private air law. In doing so, the main legal instruments, such as the Warsaw and the Montreal Conventions, will be taken into consideration, both from an academic and a practical perspective. Recent trends in the airline business, such as e-ticketing, suggest addressing attention to a number of emerging legal categories, which are expected to play a topical role in the future.

Language

  • English

Media Info

  • Media Type: Print
  • Features: References;
  • Pagination: pp 377-398
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 01605161
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jul 19 2016 3:18PM