Nullity of abusive «no show» clause of passenger air transport contract

Abstract

This paper will analyze a frequent clause in the passenger air transport contract: the «no show» clause, which allows the partial cancellation of a ticket that includes several routes when some of them previously it was not used by the passenger. It will analyze its nature, its content and the controls that must be made as a general condition of the contract, and the consequences of its declaration as abusive. And this with reference to the STS nº. 631/2018, of November 13th, which, in the framework of the exercise of a collective action to protect consumers, determined the abusive nature and, therefore, the nullity of this clause.