UAE passengers must know their ‘right to care’ is absolute, regardless of cause: Experts

Dubai: A wave of flight disruption swept across the Middle East, affecting major transit hubs and leaving hundreds of passengers dealing with missed connections, long terminal waits, and overnight airport stays. Travellers flying on GCC-based airlines and other carriers faced a combined total of 151 delays and six cancellations over the last 24 hours.
Severe thunderstorms and heavy rainfall across Europe delayed inbound and outbound flights, grounding some aircraft for safety reasons and affecting both short-haul and long-haul services. At the same time, fog in multiple Gulf cities restricted visibility, forcing slower airport operations and contributing to mounting backlogs.
SkyRefund said the scale of disruption carries direct consequences for passengers. “While the scale of disruption in hubs is significant, passengers must recognise that their ‘right to care’ is absolute, regardless of whether the cause is weather or operational setbacks,” the company said. “Even if airlines cite ‘extraordinary circumstances’ to avoid fixed monetary compensation, they cannot abandon their duty to provide basic welfare.”
Beyond weather, congestion inside airports magnified the disruption. Air traffic control delays, reduced departure slots, and long queues at immigration and customs added to pressure inside terminals. With fewer flights able to leave on time, aircraft and crew rotations slipped, creating a domino effect across later departures.
For passengers, disruption went beyond late boarding announcements. Missed connections stranded travellers far from final destinations, while families slept in terminals and business travellers lost meetings. For many UAE-based fliers, the situation revived a recurring question: what are airlines legally required to provide when flights fall apart?
In the UAE, those obligations sit inside a defined legal framework made up of the General Civil Aviation Authority’s Passenger Welfare Programme, the UAE Commercial Transactions Law (Federal Decree-Law No. 50 of 2022), and the Montreal Convention of 1999.
The GCAA Passenger Welfare Programme sets a mandatory “Duty of Care” once delays cross specific thresholds. After two hours, airlines must provide meals and refreshments. After three hours, carriers must offer access to communication, including calls or emails.
Under the GCAA Passenger Welfare Programme, airline obligations escalate with time:
After two hours: meals and refreshments
After three hours: communication access
After six hours or overnight disruption: hotel accommodation and transport
After a cancellation: full refund or free rebooking
When disruption stretches beyond six hours or overnight, airlines must arrange hotel accommodation and transport. If a flight is cancelled, passengers must be offered a refund or rebooking at no extra cost.
SkyRefund said “airlines like Emirates and Etihad are legally obliged to provide meals and communication after just two hours of delay, and hotel accommodation for any disruption extending overnight.”
Official airport policies across the UAE reinforce this position, stating that “during any period of flight disruption, airlines will ensure compliance with this policy and assume full accountability in addressing passenger's minimum welfare requirements.”
For stranded passengers, these rules mean food, communication, and accommodation are entitlements, not favours. Yet airport care is only one part of passenger protection. When disruption causes measurable financial loss, different laws apply.
Financial claims in the UAE rest mainly on the UAE Commercial Transactions Law, which took effect on January 2, 2023. It introduced a dedicated “Air Carriage” section covering airline liability, compensation limits, and deadlines.
Article 357 states: “The air carrier shall be responsible for the damage resulting from the late arrival of the passenger, checked luggage, or cargo.” This allows passengers to claim compensation for provable financial loss rather than inconvenience alone.
Claims typically relate to:
Missed hotel nights or prepaid accommodation
Replacement transport
Essential purchases during disruption
Prepaid services lost because of delay
Passengers can receive welfare during disruption while still retaining the right to later pursue financial claims.
Article 356 holds airlines responsible for lost, damaged, or destroyed registered baggage. Article 359(4) caps compensation for personal belongings at Dh5,000 per passenger, unless a higher value was declared in advance.
Article 364 requires passengers to notify airlines of baggage damage or delay within seven to 21 days, depending on the issue. Article 368 sets a strict deadline. Any legal action must be filed within two years from the date the flight arrived, or was scheduled to arrive.
For international journeys, the Montreal Convention also applies. Under the latest 2024/2025 updates, liability for passenger delay is capped at 6,303 SDR (about Dh31,000). For baggage destruction, loss, or delay, liability is capped at 1,519 SDR (around Dh7,500).
Unlike EU-style schemes that pay fixed sums, the Montreal Convention requires proof of actual financial loss, such as hotel costs, replacement clothing, or emergency purchases.
SkyRefund noted that “travellers stranded in Dubai should also be aware that for any flight originating in the UK or EU, they remain protected by UK/EU261 regulations, potentially entitling them to up to 600 in compensation.” It added that “any flights departing from Istanbul are covered by Turkey’s SHY regulation.”
Passengers must first submit a written complaint to the airline. Airlines generally provide a substantive response within 30 days. If unresolved, disputes may be escalated to the GCAA Consumer Protection Unit.
Passengers should retain:
Boarding passes and booking confirmations
Screenshots of delays or cancellations
Receipts for food, accommodation, and transport
Proof of prepaid services affected
These documents establish the financial “damage” required for a claim.
For UAE-based travellers, the legal position remains clear. Welfare is mandatory once delays cross set thresholds, even when weather drives the disruption.
When flights cause financial loss, UAE law and international conventions provide defined routes for compensation.
For passengers caught in the latest wave of disruptions, those rules determine not only what airlines must provide in the terminal, but also what may lawfully be claimed long after departure boards clear.
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