Atta Legal: Airlines

Atta legal advisor responds to question from UK tour operator:

"My lawyers are concerned that there might be problems using an airline that is on the EU black list?"

Alan Bowen, Atta’s legal advisor responds :

“Since 2006 when the first blacklist (EU 2111/2005 to be precise) was published it has been a legal requirement, in the EU at least, for any agent or operator to have a link to the list of banned airlines and if they are using them to make this clear to potential customers. I appreciate that in some situations there is no alternative and that can also be pointed out but most importantly, if you are using such airlines it is absolutely essential you advise your public liability insurers who may take a view on the matter.  The list is based on failure to meet safety standards considered to be a minimum required

The risk is of course the prospect of huge legal claims arising following a crash if the customers or their representatives allege they were never advised they were flying on a potentially dangerous airline and the insurers refuse cover on the basis they were not told either. It could lead to the closure of the business and possibly even attempts to try and pin personal responsibility on the directors. I normally find that is a sufficient incentive to take appropriate action!”

Alan Bowen
AGB Associates