Flight Grounded Due To Regional Conflict? Here's What UAE Law Says About Refunds

(MENAFN- Khaleej Times)

UAE travellers needs to check the terms and conditions related to travel, baggage and other general matters related to an air ticket

** PUBLISHED:** Sun 8 Mar 2026, 1:21 PM

By:

Ashish Mehta

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** Question:** I was supposed to travel this week, but due to conflict in the region, my flight was grounded. What are my legal rights in this situation when it comes to refunds?

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Answer: Pursuant to your queries, the provisions of the UAE commercial transactions law and the Montreal Convention of 1999 are applicable.

A traveller in the UAE, while he or she travels in an airline, needs to check the terms and conditions related to travel, baggage and other general matters related to an air ticket.

Once you book an air ticket, it is implied that an air traveller is governed by the terms and conditions mentioned in an air ticket.

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Further, an airline may be liable if there is a delay in scheduled flights.

This is in accordance with Article 357 of the Federal Decree Law No. 50 of 2022 Issuing the Commercial Transactions Law, which states,“The air carrier shall be responsible for the damage resulting from the late arrival of the passenger, checked luggage or cargo.”

It is important to note that the UAE is a signatory to the Montreal Convention of 1999, and therefore the provisions of the said convention are applicable. This is in accordance with Article 354 of the Commercial Transactions Law, which states,“Without prejudice to the international conventions to which the state is a party, the provisions of this section shall apply to air transport, subject to the provisions set out in the following articles.”

The aforementioned Montreal Convention of 1999 mentions that the airline may be liable for delays of the flights except for reasons which are beyond the control of the airline.

This is in accordance with Article 19 of the Convention for the Unification of Certain Rules for International Carriage by Air of 1999, signed at Montreal (the“Montreal Convention of 1999”), which states,“The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for the damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures."

Further, Article 18 (2) © of the Montreal Convention of 1999 recognises circumstances where the carrier may not be liable for damage where such damage arises due to events beyond the carrier’s control.

In particular, states that the carrier shall not be liable where the destruction, loss or damage results from certain specified causes, including:

“2. However, the carrier is not liable if and to the extent it proves that the destruction, loss, or damage to the cargo resulted from one or more of the following:

(a) inherent defect, quality or vice of that cargo;

(b) defective packing of that cargo performed by a person other than the carrier or its servants or agents;

© an act of war or an armed conflict."

Furthermore, for any delays the airline may have to compensate the passengers. This is in accordance with Article 22(1) of the Montreal Convention of 1999, which states,“In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4 150 Special Drawing Rights."

In view of the recent regional developments affecting aviation operations, including possible airspace restrictions, security measures, or other government directives, such disruptions may fall within the category of extraordinary circumstances or force majeure events beyond the control of the airline.

Accordingly, while passengers may approach the airline for remedies such as refunds, rebooking, or travel credits in accordance with the airline’s terms and conditions, airlines may not necessarily be liable to pay additional compensation if the delay or cancellation arose due to such circumstances and reasonable measures were taken to avoid the disruption.

Applicable laws:

1. Federal Decree Law No. 50 of 2022 Issuing the Commercial Transactions Law

2. Convention for the Unification of Certain Rules for International Carriage by Air of 1999 signed at Montreal

** Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm are on Readers may e-mail their questions to… or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.**

Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.

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