legal factors affecting airline industry

This last aspect or the ongoing global economic slowdown has meant that the already struggling airlines now have to contend with declining passenger traffic, competition from low cost carriers, high aviation fuel prices, labor demands, and soaring maintenance and operating costs. What environmental factors affect the airline industry? Y[U The remedy is equitable and discretionary; a court will exercise considerable caution before granting it. (f) protected by ensuring that appropriate technical and organisational measures are taken against the unauthorised or unlawful processing of the personal data, as well as against accidental loss or destruction of, or damage to, personal data. The limits of liability for air carriers pursuant to the Montreal Convention have been subsequently amended by way of the Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2009. In addition, while aircraft engines are not capable of being registered (and thereby providing constructive notice of ownership to third parties) in the United Kingdom, ratification of the Cape Town Convention (CTC) affords the opportunity for engine owners and financiers to register an international interest in the asset with the International Registry of Mobile Assets. It can add to the clear image of any aviation company. 4.17 Is vertical integration permitted between air operators and airports (and, if so, under what conditions)? Airline Industry of the Philippines - SlideShare At many airports, there have been delays for passengers of many hours leading to missed flights and further problems for airlines. 1.6 As regards international air carriers operating in your jurisdiction, are there any particular limitations to be aware of, in particular when compared with domestic or local operators? In these circumstances, the mortgagee or the lessor (as the case may be) will be required to provide a cross-indemnity for any third-party claims arising from a sudden detention of the aircraft (not, however, in favour of the relevant mortgagor, lessee or operator of the relevant aircraft, on the basis that it is assumed that an appropriate indemnity from such party has already been given in respect of, among other things, losses arising from the repossession of the relevant aircraft following a default). Airline Industry Legal Issues | Klemchuk LLP This was an issue before the pandemic and, especially in some regions, will be worse after. The aviation industry is a rapidly growing sector of the economy. There are various pieces of legislation that must be adhered to in relation to noise. In response to this, the European Technology & Travel Services Association filed a formal complaint with the European Ombudsman against the EC in July 2018. The AAIB reports to the CAA and other civil aviation authorities having responsibility for oversight of any aspect of the accident. They had until the end of September 2021 to apply for equivalent national UK trademark protection. 1.1 Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction. Technological factors affecting Air Canada. In an unprecedented move over summer 2022, London Heathrow has imposed last-minute limits on passengers. 2.9 To what extent is there a risk from the perspective of an owner or financier that a lessee of aircraft or other aviation assets in your jurisdiction may acquire an economic interest in the aircraft merely by payment of rent and thereby potentially frustrate any rights to possession or legal ownership or security? This increasing cost of doing business, facing competition from low-cost airlines, abiding with the rules and regulations imposed by the government as well as changes in the profile and demand of consumers have led the industry to make its external factor analysis for meeting the industry requirements. Passengers now prefer to access ticketing and check-in services through their hand-held devices instead of forming a line or booking manually. The data controller must notify the relevant authority without undue delay and, where feasible, not later than 72 hours after having become aware of it. UK competition law in its own right reproduces in virtually identical form EU competition law and systems of competition law enforcement, sections 2 and 9 of the UK Competition Act 1998 (CA 1998) setting out provisions similar to the prohibition of anticompetitive agreements and the exemption criteria (Articles 101(1) and 101(3) of the Treaty on the Functioning of the European Union (TFEU)). The Air Passenger Rights and Air Travel Organisers Licencing (Amendment) (EU Exit) Regulations 2019 will directly transpose Regulation 261 into English law. Among the key factors assessed using this method include: political factors, economic factors, social factors, technological factors, legal frameworks and environmental concerns. In summary: (a) the agreement should generate efficiency gains for the parties or promote economic progress (e.g. With EdrawMax Online, you can create over 280 types of diagrams, charts, and visuals. For this reason, the aviation industry is widespread and may get affected by different external factors. The Montreal Convention has legal effect in the United Kingdom through the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002/263. For international flights, the regulations are strict, and this situation may lead an airline to push for more amenities to keep up with the competitors. The Court will only intervene if the arbitrators decision is obviously wrong or the question is one of general public importance and the decision of the tribunal is at least open to serious doubt. Of course, airlines have strategies to hedge against rising fuel prices, but this has been especially difficult with unpredictable future requirements during COVID. The category and level of court to which an appeal is to be made depends on the level of the court making the decision which is being appealed. Much of the domestic legislation originates from European legislation, and there is no aviation-specific policy (presumably on the basis that there are a number of contributors to poor air quality). No, there are no ownership requirements specific to GDSs operating in the UK, beyond the general UK company law applicable to all companies. The significant distinction between the doctrines of force majeure and frustration is that frustration ends the entirety of the contract, whereas force majeure may discharge a party from a standalone obligation. stamp duty) applicable to the buying and selling (i.e. Insecurity or war factors that affect particular countries always have a negative impact on the airline industry. State of the U.S. An Important Business Analysis Tool, Twitter PESTLE Analysis: 6 Notable Factors Affecting the Social Network, How to Pursue a Career in Cybersecurity: 7 Professional Tips to Follow, General Mills SWOT Analysis: 3 Opportunities to Gain Competitive Advantage, Root Cause Analysis: An Easy 6-Step Complete Guide, Mayo Clinic SWOT Analysis 2023: Healthcare Business Checkup, 3 Top Tech Tools for the Modern Commercial Contractor. On July 9, 2021, the DOT announced a Notice of Proposed Rulemaking that would require airlines to refund fees for checked bags that are significantly delayed and for ancillary services, such as advance seat selection and Wi-Fi, when consumers pay for them but they are not provided. Chief among these reforms would be the decentralisation for the early 90s . But they also will make it harder for airlines to show profits as the squeeze is expected to push up labor costs at a time when carriers face significantly higher fuel prices. Aviation Law > Most of the countries have multiple operating airline companies, which makes it a highly competitive market. However, it is possible, and will in many cases be advisable, to notify the CMA, since if a merger may result in a substantial lessening of competition in the UK market, failure to obtain prior clearance risks a reference to a more in-depth investigation and analysis by the CMA (known as a Phase 2 investigation), with the possible consequences described below, which may include a requirement that the purchaser divests. Government Regulations, Challenges, Impact On Airline Business - AvStop These are the macroeconomic factors that can affect a company's performance. The whole world is connected via airlines. New airline Breeze Airways has had to increase pay by over 10% and expand recruitment to Australia to secure new pilots for its fleet (as reported by Business Insider). Spike in jet fuel prices has a direct influence on the financial portfolio of airline firms. Both economy and premium travelling declined. 3.7 What rights exist generally in law in relation to unforeseen events which might enable a party to an agreement to suspend or even terminate contractual obligations (in particular payment) to its contract counterparties due to force majeure or frustration or any similar doctrine or concept? The reason for this is because the airline industry has a major role to play . A big aspect of their proposal involves further development of electronics. The airline industry has mounted publicity campaigns and engaged in lobbying in order to try to influence a reduction in APD rates, which the industry views as being too high. There is also a discretion for the CAA to register an aircraft which is owned by a person not qualified under Part 1 Article 5(1) where the owner resides or has a place of business in the United Kingdom, but such aircraft must not be used for commercial air transport, public transport or aerial work (Part 1 Articles 5(2) and (3)). As with all other UK businesses, airports have to meet legislative standards in relation to water quality, waste and protecting the natural environment. much more than normal. A keen eye on the security of passengers and technical superiority can help the airline industry concerning their business expansion. In this case, a non-EU carrier was operating services from the UK to the USA via Canada, where the passenger was to make a connection. 2.5 What (if any) are the tax implications in your jurisdiction for aircraft trading as regards a) value-added tax (VAT) and/or goods and services tax (GST), and b) documentary taxes such as stamp duty; and (to the extent applicable) do exemptions exist as regards non-domestic purchasers and sellers of aircraft and/or particular aircraft types or operations? Fuel is one of the main costs of airline operation (around 30% by some estimates), and any increase has the potential to significantly affect profitability. in respect of maintenance or repair of the aircraft or in respect of an unpaid purchase price for the aircraft) has been satisfied. Whilst there is no longer a principle for individuals rights in the DPA 2018, this is dealt with separately in Chapter III of the GDPR and states that personal data must be processed in accordance with the rights of data subjects. Users of airports are subject to airport charges, which are regulated by the CAA under the Civil Aviation Act 2012 and the Airport Charges Regulation 2011. These clauses have to be read extremely closely in order to determine whether they enable a party to suspend their obligations. The United Kingdom was a signatory to the Geneva Convention in 1948 but has not ratified it. For example, if there are cases of employee harassment or passenger mistreatment, those events can create a deep impact on their business. It constitutes notice of the relevant mortgage being given to all relevant third parties, and all persons are thereby deemed to have express notice of all of the details appearing in the United Kingdom Aircraft Mortgage Register. 3770, paragraph 196). Higher wages are the way out of this, but most airlines and operators are not in a position to offer this now. The importance of technological factors can be understood from the heavy use of technology in the global airline industry. This is generally effective in providing an early warning of any potential detention or retention of a relevant aircraft, and in ensuring the timely termination of the relevant operating agreement before liens are enforced. In the case of companies running international flights, the impact can be deeper and more long-lasting. A fee is payable to the CMA in respect of relevant merger situations. It may lead the companies to lower their prices, and as a result, thousands can lose their job. As a practical matter, the principles of the Chicago Convention are implemented at the national level in the United Kingdom by the CAA. The effects of the COVID-19 Pandemic have been devastating on the economy, businesses, and people alike. The United Kingdom Register of Civil Aircraft, maintained by the United Kingdom CAA, is not a register of legal ownership, and therefore registration of ownership does not constitute proof of ownership of a particular aircraft. Also, because the industry involves operating between borders, then economic factors from other parts of the world other than the domestic market also affect it. Aviation remains a high-profile terrorism target. The acronym PESTLE stands for Political, Economic, Social, Technological, Legal, and Environmental. There is no automatic stay of execution of a judgment or order while appeal is pursued. as a self-help remedy. In recognition of the need for more immediate action, in June 2016 the EC published Interpretative Guidelines on the Regulation, to clarify the understanding of passenger rights in this area. Operation of Air Services in the Community Regulations 2009 Statutory Instrument No 41 2009. RadcliffesLeBrasseur LLP, Philip Perrotta Despite its efforts to lower its impact, the industry, of course, is well exposed to the effects of climate change. Air Canada submitted that Regulation 261 was extra-territorial in effect and that the EU did not have jurisdictional competence in relation to flights taking place wholly outside the EU. Requests from the airport for airlines to restrict ticket sales were not well made. Legal Factors Affecting the Travel and Tourism Industry The party seeking to rely on the clause must demonstrate that they have been engaged in the particular event (Channel Island Ferries Ltd v Sealink UK [1998]). PESTLE Analysis of Airline Industry | Free PESTEL Analysis 8 Critical Risks Facing the Aviation Industry : Risk & Insurance Three days earlier . The UK implements the relevant requirements by way of the legislation discussed below. And according to the research and analysing, economy factors and political factors might be the two key drivers. The claimant must file at court a notice with the claim form, containing a statement of the grounds on which it is entitled to serve the claim form out of the jurisdiction. Exploring the Socio-Economic and Technological Situation of Indian Like most other businesses, the airline industry is also affected by the nation's unstable political condition. 4.2 How do the competition authorities in your jurisdiction determine the relevant market for the purposes of mergers and acquisitions? Airlines must ensure that a clearly legible and visible notice containing prescribed wording is displayed to passengers at check-in, and must provide passengers affected by denied boarding with a notice setting out the rules for compensation. Much of this is related to mask-wearing, but other continuing restrictions are causing upset to passengers. The PESTEL analysis of the airline companies can show how the external factors have affected them. Pestle Analysis of Virgin Atlantic Airline - GradesFixer Political and legal factors include government intervention on economic operations or a particular industry. The General Data Protection Regulation (Regulation 2016/679) (the GDPR), the UK GDPR (as incorporated into UK law via the European Union (Withdrawal) Act of 2018) and the UK Data Protection Act 2018 (DPA 2018) govern the collection and use of personal data in the UK. Londons Heathrow and Gatwick currently hold licences, which include conditions relating to price controls, service quality and operational resilience. Political and legal factors that impact the airline industry The airline industry is widely impacted by regulations and restrictions related to international trade, tax policy, and. First, social factors such as education, tastes/ preferences, and attitudes affect the industry. The Court held that the claimant was entitled to compensation. Here are some issues which can directly impact the business of airline companies: A country's economic condition is directly related to the business operating within the country. The UK has left the European Union (EU), but there is still plenty of related disruption to sort out. At a macro European level, in May 2018 the European Commission (the EC) dismissed a complaint, brought against Lufthansas 2015 introduction of a 16 surcharge on seats booked through the global distribution suppliers, such as Travelport, Travelsky, Sabre and Amadeus, which alleged breach of Council Regulation (EC) 2299/89 on a code of conduct for computerised reservation systems (the Code). The aviation industry also conducts advertising campaign on the social platform for attracting more clients. Automation is yet another factor affecting the airline industry as people make use of Skype features or hold a conference call instead of travelling. Nevertheless, limited case law on the subject is exclusively related to real estate (that is, immovable assets) and there is perceived to be little or no risk as a matter of English law to loss of or prejudice to title when aircraft engines are installed on a different airframe. The business legal environment plays a very important role in determining the success of any businesses around the globe. MBA PESTEL : South African Airways (B) PESTEL / PEST Analysis This is affecting airlines, airports, and other companies globally - but the situation is particularly acute in Europe and the UK so far. An appeal to the Supreme Court followed, and the judgment to that appeal was delivered on 15 January 2021. Impact of Economic recession on UK aviation Industry Linked to staff shortages, there are growing problems with the busiest airports reaching capacity. 3.2 Is there a regime of self-help available to a lessor or a financier of an aircraft if it needs to reacquire possession of the aircraft or enforce any of its rights under the lease/finance agreement? Legal factors that impact on the aviation (airline) industry The aviation industry is widely impacted by a number of rules and regulations. Alike on legal front, air transport is regulated by several laws and regulations. PDF An Illustrative Evaluation of External Factors That Affect - SciELO The State of the U.S. Airline Industry - Transportation There is growing political instability in the Middle East and Asia too. As part of the application procedure, the CAA may request additional information in order to process an application for registration (for example, a certified copy of a bill of sale evidencing the ownership of the aircraft to be registered). international standards developed by ICAO, such as and including ICAOs Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA); legislation from the EC, although following expiry of the Brexit transition period a new UK Emissions Trading System (UK ETS) came into force replacing the UKs participation in the EU ETS such that both now have relevance to aviation operations in the UK; national legislation from Parliament and administered by government departments such as the Department for Trade, the Department for the Environment, Food and Rural Affairs (DEFRA), and the Department for Energy and Climate Change. The U.S. airline industry remains in the midst of an historic restructuring. In May 2013, the EC cleared a revenue-sharing joint venture focusing on transatlantic passenger routes (in particular, Frankfurt-New York), accepting binding commitments from Star Alliance members Air Canada, United and Lufthansa (COMP/39595 Continental/United/Lufthansa/Air Canada). Available at: https://www.marketingtutor.net/airline-industry-pestle-analysis/ (Accessed 21 June 2021). Search fees are currently 31 per aircraft and are revised on an annual basis. Top 8 Challenges for the Aviation Industry in 2023 and beyond It is about policies, rules, and regulations on the industry or association with reference to Virgin Atlantic Airline. Trademarks, patents and designs are registrable with the IPO. The United Kingdom recently announced its plans to invest 300 million to develop greener forms of air travel. Most of the tourists are not interested in visiting countries that have threats due to political conditions. If it is not certified soon, it may need cockpit changes that will restrict its commonality and limit its appeal to many airlines. The ICO utilised this power to full effect in July 2019 when it announced its biggest fine to date of 20 million over a personal data breach by British Airways that involved the theft of around 400,000 passengers data (see also question 5.1 below). Vous pouvez modifier vos choix tout moment en cliquant sur le lien Tableau de bord sur la vie prive prsent sur nos sites et dans nos applications. (2) The runway protection zone (in which no drones may be flown) has been extended around aerodromes to within 5km of runway ends, and up to a height of 2,000ft. Security concerns and airspace restrictions can affect airlines far from the conflict zone. South African Airways (B) case study PESTEL analysis includes macro environment factors that impact the overall business environment - Political, Economic, Social, Technological, Environmental, and Legal factors. This is mainly because of the risks associated and which can result in deaths or accidents or any irreparable damage. The technical issues, and subsequent grounding, of the Boeing 737 MAX is a very good example of this. Like other industries, airline industries are also get affected by social conditions. any rights and interests existing prior to ratification of the CTC will retain their priority without the need for registration. In most instances, the trial judge will be considered best placed to judge the facts of the case. The links below are to pre-populated searches of the HOLLIS catalog by LCSH keyword. The airline companies are all about hospitality and services. They play a big part in deciding how businesses operate and what profits they receive, as well as how customers behave. Overweight and obesity will challenge airports and airlines in the future. A party may challenge an arbitral award for lack of jurisdiction (section 67 of the Arbitration Act 1996). The rules help to protect the environment and to ensure the safety of the passengers. PESTLE Analysis of Airline Industry | Marketing Tutor