The rights of disabled passengers is an issue which has attracted some recent attention both on a domestic (UK) level and on an EU level. In particular, carriers should be aware of the grounds for refusal of carriage of disabled passengers so as to avoid any claim for discrimination which may arise from their actions.
The long established legal position is that if a carrier enters into a contract of carriage but subsequently refuses to perform the carriage (before its commencement) then the carrier will be liable for breach of contract. However, in line with IATA recommendations, most airlines include in their conditions of carriage a right to refuse carriage to a passenger on the basis of "reasonable discretion" in line with specified circumstances. One such reservation is where the physical state of the passenger is such that he requires special assistance, causes discomfort to other passengers, or involves any hazard or risk to himself or to other persons. The approach must
