Eligibility

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Determining Your Eligibility for the AviationADR Scheme

Assessing your eligibility for the AviationADR scheme is an essential first step toward resolving your aviation dispute. This process ensures that your complaint falls within the jurisdiction of our established terms of reference and rules. The scheme covers a variety of concerns, from issues related to flight disruptions and luggage mishandling to challenges faced by disabled passengers. It's important to note that the AviationADR scheme is a free service for consumers, providing an efficient and fair avenue for dispute resolution in the aviation industry. Read on to acquaint yourself with the criteria for eligibility and understand the scope of complaints we handle.

The Adjudicator's Role: Criteria for Consideration of a Complaint

Initiating the complaint resolution process requires fulfilling certain conditions that ensure the legitimacy and appropriateness of the case for our scheme. The Adjudicator, acting as a neutral third party, reposes trust in these preconditions to foster a fair and efficient resolution process. These conditions encompass various aspects such as the status of the complaint with the member airline, the nature of the complaint, the agreement of the complainant and member to adjudicate, and claims within the scheme’s monetary limits. Clarifying these prerequisites for considering a complaint helps ensure both the complainant and member are on the same page before diving into the dispute resolution process.

Aviation ADR provides a FREE Alternative Dispute Resolution scheme to passengers who have unresolved complaints with airports or airlines. No need for independent advice or third-party representation to submit your complaint.

The Adjudicator shall only consider, or continue to consider, a complaint if he is satisfied that:

  • The complaint is made against a Member or an entity that agrees to be bound by AviationADR’s Terms of Reference and Rules in relation to the particular complaint;
  • the complaint is made to him by or on behalf of the living persons who is or may be entitled to make a complaint;
  • the Internal Complaints Procedure of the Member has been exhausted, but the Complainant remains dissatisfied with any observations made, or conditions of full and final settlement offered by such Member; or more than eight weeks has elapsed since the Complainant first made the complaint to the Member in writing. If the Member ignores the complaint made or persistently fails to address the complaint, the Complainant may ask the Adjudicator to intervene even if eight weeks has not elapsed;
  • the subject matter of the complaint was not contained in a complaint form, or on behalf of the same Complainant previously considered by the Adjudicator. However the Adjudicator may reconsider complaints previously considered if relevant new evidence is available and no Award has been accepted and paid in full and final settlement;
  • the Adjudicator may, in the instances set out in Paragraph 13 of the Membership Rules, not investigate a complaint or may discontinue an investigation. Notwithstanding these instances he may still consider any complaint put to him provided that:
    • there is no other relevant independent body for the conciliation, arbitration or adjudication of complaints in relation to the matter; and
    • he feels that it is in his competence to do so; and
    • both the Complainant and the Member so agree;
    • where the amount claimed by the Complainant exceeds the monetary limit defined above, the Adjudicator will advise the Complainant of that limit to his jurisdiction and provide the option of discontinuing his consideration or proceeding by agreement to restrict the claim to the award limit.

General Exclusions

The Adjudicator shall not investigate a complaint (or any part of a complaint), or shall discontinue his investigation of a complaint (or any part), if:

  • At any time it appears to the Adjudicator that it is more appropriate for the complaint to be dealt with by a Court or under another independent complaints, conciliation or arbitration procedure;
  • At any time that the Adjudicator finds out the complaint is already being or has been considered by a Court, or under another independent complaints, conciliation or arbitration procedure, he should discontinue his investigation. If that other body is not considering all aspects of the complaint or if that body is not designed to offer financial compensation to the Complainant, the Adjudicator may then resume his consideration of the complaint;
  • In the Adjudicator’s opinion he considers the matter to be frivolous or vexatious.

Important Note

  1. Use of the AviationADR scheme is FREE to consumers
  2. Neither consumers nor retailers are obliged to obtain independent advice or representation before or during the complaint process, although either party may choose to do so.

AviationADR can deal with the following complaints:

  • Denied boarding, delayed or cancelled flights
  • Damaged, lost or delayed luggage
  • Destruction, damage or loss of items worn or carried by a passenger
  • Problems faced by disabled passengers or passengers with reduced mobility
  • Issues of unfair trading
  • Pricing
  • Misrepresentation