Rights to fly

Improving rights for disabled air travellers

The Commission is taking forward work to ensure disabled air passengers know their rights and know what to do to make sure their needs are met.

Why are we doing this?

In a recent legal case (Stott v Thomas Cook), the Supreme Court decided that compensation for injury to feelings cannot be awarded where disability discrimination has occurred during embarkation, disembarkation or on board the aircraft. This is because an international convention (the Montreal Convention) limits the liability of air carriers.

What happened to Mr Stott?

Mr Stott is a permanent wheelchair user. When he booked his flight he requested a seat next to his wife, who he relies on to assist with his toilet needs, eating and changing his sitting position. Despite trying to ensure at check-in and at the departure gate that his needs would be met, Mr Stott was seated in an aisle seat in front of his wife. Mrs Stott was unable to attend to his needs discreetly, and had to crouch blocking the aisle.

Watch Mr Stott tell his story in his own words.

Tipped out my airport chair

Mr Stott brought a legal claim against Thomas Cook for breaching his rights under the EC Regulation by failing to make reasonable efforts to provide seating to meet his needs. He claimed compensation for injury to feelings for the humiliation and distress he sustained.

Although the EC Disability Regulation states that penalties for non-compliance can include the payment of compensation, Thomas Cook successfully argued that the Montreal Convention limits the liability of air carriers to compensation for death, bodily injury and loss or damage to baggage, and does not include compensation for injury to feelings for things which happen between embarkation and disembarkation. The court therefore decided that Mr Stott had no remedy, apart from a declaration that his rights under the Disability Regulation were breached. This is how the Montreal Convention is interpreted all around the world.

However, the court described Mr Stott’s treatment and lack of remedy as ‘disgraceful’, and said that '...it is time for the Montreal Convention to be amended to take account of the development of equality rights.'

Passport style guidance

As a result of this case and similar evidence which has been brought to our attention, we have produced a new passport style guide to help disabled and less mobile passengers prepare for air travel.

Last Updated: 09 Feb 2016