Civil Aviation Act 2023

International and domestic carriage of passengers and goods by air - Domestic carriage by air

278: Contracting out

You could also call this:

"Airline rules: contracts can't override your rights"

If you are flying with a carrier, they must follow certain rules. These rules apply even if the carrier's contract says something different. The carrier cannot use their contract to avoid being liable.

If a contract or bylaw tries to limit the carrier's liability, it is not enforceable. However, there are some exceptions to this rule. You can find more information by looking at the Civil Aviation Act 2023 and other related laws, such as s 5C and s 91ZD.

The exceptions include situations where the contract imposes a stricter duty on the carrier or provides a more advantageous remedy for you. In these cases, the contract's provisions will apply. This means you may have more protection than what is outlined in the standard rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49968.


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277: Limitation of liability, or

"Airlines are responsible for damage from delays, but their payment is limited to a certain amount."


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279: Wilful or reckless misconduct, or

"When airlines do very bad things on purpose or are very careless and you get hurt"

Part 8International and domestic carriage of passengers and goods by air
Domestic carriage by air

278Contracting out

  1. The provisions of this subpart have effect despite anything to the contrary in any contract or in any bylaws made by a carrier purporting to relieve the carrier of liability.

  2. A provision of a contract of carriage or any bylaw that has the effect of overriding or limiting a carrier’s liability under this subpart (whether directly or indirectly) is unenforceable.

  3. Subsections (1) and (2) are subject to subsection (4).

  4. Nothing in subsection (1) or (2) applies in respect of a provision that—

  5. imposes a stricter duty on the carrier than would be imposed under this subpart; or
    1. provides a more advantageous remedy against the carrier than would be provided under this subpart.
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