Traffic rights and carriage

Trace the first five freedoms

Use the operator’s home State as the reference point.

Technical freedoms

The first freedom is transit over another State without landing. The second is a landing for a non-traffic purpose, such as refuelling. Neither permits the operator to embark or disembark commercial traffic merely because the aircraft is on the ground. The International Air Services Transit Agreement provides the two technical freedoms between its participating States, subject to its terms.

The third freedom carries traffic from the operator’s home State to another State. The fourth carries traffic from another State home. The fifth carries traffic between two foreign States on a service connected with the home State. These are commercial freedoms; their availability depends on the applicable air services agreements and authorisations.

Read the whole service

For an airline of State A flying A–B–C, carrying A–B traffic illustrates the third freedom, B–A the fourth, and B–C traffic the fifth if the authorisation permits it as part of the A-connected service. Merely passing over B on A–C is first-freedom transit; landing at B only for fuel is second-freedom use.

Do not identify a freedom from a map alone. You need the operator’s nationality, where the traffic originates and ends, whether there is a traffic stop, and how the service is connected to the home State. An intermediate fuel stop does not automatically turn the flight into a fifth-freedom service.

Command authority and the carriage contract

A missing document does not erase the underlying legal relationship.

Unlawful acts on board

The Tokyo Convention concerns offences and certain other acts on board aircraft. Where there are reasonable grounds, the PIC may impose reasonable measures, including restraint, necessary to protect safety, maintain order and discipline, or enable delivery or disembarkation under the Convention. The measures must be proportionate to the safety need.

The PIC may require or authorise crew assistance and request or authorise passenger assistance; the Convention distinguishes these roles. Notify the authorities before landing when persons remain under restraint and explain the reasons. A safety intervention is not a general power to punish a passenger or to conduct a criminal trial.

Documents evidence a contract

Passenger tickets and baggage or cargo documentation record the contract and its terms. Under the Montreal Convention, failure to issue a required document does not invalidate the existence of the contract or automatically remove the Convention’s liability rules. Electronic records can serve the documentary function.

Distinguish the air carrier’s liability for proven loss under the carriage regime from the separate EU remedies for disruption. An unissued baggage document is not a defence that the carrier has no relationship with the passenger. The practical response is to preserve the facts and apply the correct legal regime.

Passenger rights and liability limits

Separate assistance, reimbursement and compensation from damages.

Regulation 261/2004

The Regulation generally covers departures from an EU airport and arrivals from a third country when operated by an EU carrier, subject to its conditions. Involuntary denied boarding, cancellation and qualifying long delays can trigger care, rerouting or reimbursement and, when the conditions are met, fixed compensation. Volunteers are sought before involuntary denied boarding.

The compensation bands are EUR 250, 400 and 600, depending on distance and route; reductions and exclusions apply. Extraordinary circumstances may remove compensation for a cancellation if all reasonable measures were taken, but do not automatically remove the duty of care. A delay of at least five hours gives the reimbursement option under the Regulation; qualifying arrival delays of at least three hours are covered by established EU case law.

Montreal amounts have dates

For baggage destruction, loss, damage or delay, the revised Montreal limit effective 28 December 2024 is 1,519 Special Drawing Rights per passenger, subject to the Convention’s conditions, including a possible special declaration of interest. It is a liability limit, not an automatic payment for every bag. SDR is an international accounting unit; do not replace it with a permanent euro amount.

The same 2024 revision sets 6,303 SDR for passenger delay and 26 SDR per kilogram for cargo. The death or bodily injury first tier is 151,880 SDR; that is not an absolute ceiling on all injury claims. Older course figures such as 1,288 SDR for baggage refer to the previous revision. The applicable event date and legal regime matter.

Can you apply the rules?

Four original questions. Choose from the facts, then review the explanation.