Aviation Law :- Air Passengers’ Rights/Responsibilities & Airlines’ Obligations
The Nigerian Civil Aviation Authority (NCAA) , in the exercise of its statutory power to regulate the Nigerian Aviation sector, issued a set of regulations on the rights and responsibilities of air passengers as well as the obligations of airlines operating under the reach of the NCAA.
This article will be looking at some of the notable provisions of these regulations as follows :-
Applicability of Regulations
This prescribes minimum rights and responsibilities of passengers and airlines’ obligations to passengers, where:
(a) There is an incidence of Overbooking and passengers are denied boarding against their will ;
(b) A scheduled flight is delayed;
(c) A scheduled flight is cancelled; and
(d) Passengers fail to discharge their responsibilities.
Definitions of Terms
For the purpose of this part, the following definitions shall apply:
– “Aircraft” means any machine that can derive support in the atmosphere from reactions of the air other than reactions of the air against the earth surface.
– “ Air Carrier” means an enterprise that engages in provision of transportation services by aircraft for remuneration or hire.
– “Airline” means any air transport enterprise offering or operating a scheduled international air service.
Note : Notwithstanding the definitions in (2) & (3) above, for the purpose of this part, the words ‘Air Carrier’ and ‘Airline’ are used interchangeably.
– “Assessment” means an initial evaluation of a complaint by the NCAA to determine the appropriate means of redress.
-“Authority” means the Nigerian Civil Aviation Authority.
-“Consumer” means consumer of civil aviation services.
-“Baggage” means personal property of passengers or crew carried on an aircraft by agreement with the operator.
-“Cancellation” means the non-operation of a flight which was previously planned and on which at least one seat was reserved.
-“Cargo” which is an equivalent to the term “goods” means anything carried or to be carried in an aircraft or by means of surface transportation including, but not limited to, road or rail vehicles, except mail, or baggage carried under a passenger ticket and baggage check, but includes baggage moving under an Air Waybill or shipment Record.
– “Compensation” means direct and/or indirect monetary and/or nonmonetary benefits offered to passengers whose rights have been infringed upon.
– “Complainant” means :
(i) An air passenger ;
(ii) One or more air passengers, where there are numerous air passengers having the same interest ; or
(iii) In case of the death of an air passenger, his legal heirs or representatives making or continuing a complaint.
-“Complaint” means an allegation in writing made by an air passenger, a group of passengers or their legal heirs or representatives.
-“Confirmed Reserved Space” means space on a specific date and on a specific flight and class of service on an air carrier which has been requested by a passenger, including a passenger with a zero fare ticket”,and which the air carrier or its agent has verified, by appropriate notation on the ticket or in any other manner provided therefore by the air carrier,as being reserved for the accommodation of the passenger.
-“Denied Boarding “means a refusal by an airline to carry passengers who hold confirmed reservation and valid travel documentation, although they have presented themselves for check-in and/or boarding at the time stipulated by the airline , on grounds of oversold service.
Scope of Application
This regulations shall apply to passengers:
(a) departing from an airport located within Nigeria to another airport within Nigeria ;
(b) departing from an airport located in another country to an airport situated in Nigeria, unless they received benefits or compensation and were given assistance in that other country ;
(c) on foreign air transportation with respect to flight segments originating at a point within Nigeria.
In respect of subsection 19.2.1.1. of these regulations, it shall apply to passengers on scheduled flights including packaged tours, and on the condition that a passenger :
(a) has a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in the regulations, presents himself or herself for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, tour operator or an authorized travel agent, or, if no time is indicated, not later than two (2) hours before the published departure time; or
(b) has been transferred by an air carrier or tour operator from the flight for which he or she held a reservation to another flight, irrespective of the reason.
Exemptions
– The regulations shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.
– However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.
– The regulations shall apply to any operating air carrier providing transport topassengers covered in Part 19.2.1.1 and 19.2.1.2. above.
-Where an operating air carrier, which has no contract with the passenger, performs obligations under these Regulations, it shall be regarded as doing so on behalf of the carrier having a contract with that passenger.
-This Part shall not apply in cases where a packaged tour is cancelled for reasons other than cancellation of the flight.
Notable Provisions of The Regulations
– “No Show” & Overbooking Situations
A passenger who shows-up on a later date or time other than the scheduled date or time of departure on his or her ticket may be considered for wait-listing on another flight subject to seat availability after meeting the airlines’ requirement(s).
An air carrier may overbook a scheduled flight in contemplation of the possibility of some passengers not showing up for that flight.
– Denied Boarding
An airline shall have the following obligations in the event of an oversold flight:
(a) ensure that the smallest practicable number of persons holding confirmed reserved seat on that flight are denied boarding involuntarily;
(b) request for volunteers for denied boarding before applying boarding priority.
Any other passengers denied boarding except in accordance with subsection 19.4.1.1 above, is considered for purposes of this Regulation to have been denied boarding involuntarily, even if the passengers accept the denied boarding compensation.
Volunteers shall be compensated in accordance with Compensation Provisions of the Regulations , such assistance being additional to the benefits mentioned in this paragraph.
– Boarding Priority Procedures
Every operating air carrier shall establish boarding priority procedures and criteria for determining which passengers holding confirmed reserved space shall be denied boarding on an oversold flight if an insufficient number of volunteers come forward.
Such procedures and criteria shall:
(a) reflect the obligations of the operating air carrier set forth in the Regulations to minimize involuntary denial of boarding and to request for volunteers;
(b) be written in such manner as to be understandable and meaningful to the average passenger; and
(c) not make, give, or cause any undue or unreasonable preference or advantage to any particular person or subject any particular person to any unjust or unreasonable prejudice or disadvantage in any respect whatsoever.
– Delays :
a). Domestic Flight Delays :- For domestic flights, when an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure, it shall provide the passengers with reason(s) for the delay within 30 minutes after the scheduled departure time and the assistance specified below:
(a) after two hours, refreshments as specified under the regulations and telephone calls, SMS and E-mails as specified under the regulations.
(b) Beyond three (3) hours, Reimbursement as specified in NCAA Regulations And Re-routing as specified in the Regulations.
(c) at a time beyond 10pm till 4am, or at a time when the airport is closed at the point of departure or final destination, the assistance specified in the regulations (hotel accommodation and transport); and
(d) In the event of a Lengthy delay When the expected time of departure is more than six hours after the time of departure previously announced, compensation as specified in the regulations.
b). International Flight Delays :- For international flights, when an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure, it shall provide to the passengers the assistance specified below:
(a) between two and four hours, compensation as specified in the regulations and Telephone Calls, SMS, E-mails as also specified in the Regulations; more than four hours, Meal as specified in the regulations and Telephone Calls, SMS, E-mails as specified in the Regulations; and
(b) when the reasonably expected time of departure is at least six hours after the time of departure previously announced, the Hotel accommodation assistance and Transport assistance as specified in the regulations.
c). Tarmac Delays :- If a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, the air carrier shall ensure passengers are provided with the following care free of charge while they wait on board the aircraft:
(a) information about the reason for the delay and status updates every 30 minutes. subsequent updates, including flight status changes, as the carrier deems appropriate;
(b) access to lavatories in working order if the aircraft is equipped with lavatories.
(c) proper ventilation and heating or cooling of the aircraft;
(d) food and drink in reasonable quantities no later than 2 hours after the start of the Tarmac delay.
Schedule Change
When an air carrier makes a significant change to a flight, the air carrier shall:
(a) Provide the passengers with notice of the change not later than 12(twelve) hours before the schedule time of departure for domestic flights and not later than 14 (fourteen) days for international flights and the assistance specified below:
(b) Reimbursement or Rerouting as specified in the regulations.
Cancellation
In case of cancellation of a flight, the passengers concerned shall:
(a) Be offered assistance by the operating air carrier and ;
(b) Be offered assistance by the operating air carrier in as well as, in the event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in the regulations.
(c) In respect of domestic flights, have the right to compensation by the operating air carrier in accordance with the regulations unless they are informed of the cancellation at least twenty-four hours before the scheduled time of departure and
(d) In respect of international flights, have the right to compensation by the operating air carrier in accordance with the regulations unless:
(1) they are informed of the cancellation at least seven days before the scheduled time of departure;
(2) they are informed of the cancellation between three and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart not more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival.
Right to Compensation
– Where reference to compensation is made in this section, passengers shall receive at least :-
(a) 25 % of the fares or passenger ticket price for all flights within Nigeria.
(b) 30% of the passenger ticket price for all international flights.
-When passengers are offered re-routing to their final destination on an alternative flight pursuant to the regulations the arrival time of which does not exceed the scheduled arrival time of the flight originally booked:
(a) by one hour, in respect of all domestic flights ;
(b) by three hours, in respect of all international flights, the operating airline may reduce the compensation provided for in the regulations by 50%.
Right to Re-imbursement or Re-routing
-Where reference to reimbursement or re-routing is made in this subpart,passengers shall be provided any of the following choices:
(a) Reimbursement shall be made by mode of payment. If payment is made in cash, reimbursement shall be made immediately for domestic flights or within 14 (fourteen) days for international flights. If by electronic bank transfer, bank orders or bank cheques, travel vouchers or other services, reimbursement shall be made within 14 (fourteen) days of the full cost of unutilized ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part of parts of already made if the flight is no longer serving the purpose in relation to the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity.
Refund for cancelled ticket reservations
– If a consumer cancels a ticket reservation no later than 24 hours after purchasing it, for tickets bought at least seven days before a flight’s scheduled departure date and time, the air carrier shall:
(a) allow such consumer to cancel their reservation and receive a refund, or
(b) allow such consumer to reserve the ticket (place it on hold) for 6 months.
Upgrading & Downgrading
– If an operating air carrier places a passenger in a class higher than that for which ticket was purchased, it may not request any supplementary payment.
(a) If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, by the means provided for in the regulations, it shall immediately reimburse the difference to the passenger in accordance with the mode of payment within 30 days from the date of travel, plus :
(1) 30% of the price of the ticket for all domestic flights immediately, and
(2) 50% of the price of the ticket for all international flights within 14 days.
Complaints
A passenger may lodge a complaint with the Authority, or any other competent person designated by the Authority, about an alleged infringement of this Part.
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