Know your rights as a passenger on a flight in Nigeria, By Bologi Jimada 

If you are a frequent Flyer, be it domestic or international, chances are you have endured very long and frustrating delays and cancellations at one time or the other. Some times you feel so helpless because you no longer have enough funds for an alternate airline or a hotel especially after the airline staff have quietly disappeared for the night. For those who can afford to head back to a hotel, there is often this feeling of being cheated and violated. This not even talking about important meetings, ceremonies or homecoming you have missed. Here are some important things you should know concerning your rights as an air transport passenger in Nigeria in the event of a delay or cancellation.

NIGERIA CIVIL AVIATION REGULATIONS PART 19—CONSUMER PROTECTION REGULATIONS

19.6. DELAY

19.6.1. DOMESTIC FLIGHTS.

19.6.1.1. 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 :

(i) after two hours, refreshments as specified in section 19.10.1(i) and telephone calls, SMS and E-mails as specified in section 19.10.2 ;

(ii) Beyond three (3) hours, Reimbursement as specified in Section 19.9.1(i) ; and

(iii) 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 sections 19.10.1(iii)and 19.10.1(iv) (hotel accommodation and transport)

19.6.2. INTERNATIONAL FLIGHTS.

19.6.2.1. 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 :

(i) between two and four hours, compensation as specified in sections

19.8.1(i) and Telephone Calls, SMS, E-mails as specified in 19.10.2 ;

(ii) more than four hours, Meal as specified in 19.10.1(ii) and Telephone Calls, SMS, E-mails as specified in 19.10.2 ; and

(iii) when the reasonably expected time of departure is at least six hours after the time of departure previously announced, the Hotel accommodation assistance as specified in sections 19.10.1(iii) and Transport assistance as specified in 19.10.1(iv).

19.6.2.2. In any event, the assistance shall be provided within the time limits set out in these regulations

19.7. CANCELLATION.

19.7.1. In case of cancellation of a flight, the passengers concerned

shall :

(i) Be offered assistance by the operating air carrier in accordance with Sections 19.6. and ;

(ii) Be offered assistance by the operating air carrier in accordance with Sections19.9.1(i) and 19.9.2 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 Sections 19.9.1(ii) and 19.9.1(iii) ;

(iii) In respect of domestic flights, have the right to compensation by the operating air carrier in accordance with Section 19.10 unless they are informed of the cancellation at least twenty-four hours before the scheduled time of departure ; and

(iv) In respect of international flights, have the right to compensation by the operating air carrier in accordance with Section 19.10, unless :

(a) they are informed of the cancellation at least seven days before the scheduled time of departure ;

(b) 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 thescheduled time of arrival ; or

(c) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart not more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

19.7.2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

19.7.3. An operating airline shall not be obliged to pay compensation for cancellation if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

19.7.4. The burden of proof concerning any question as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating airline.

REIMBURSEMENTS

19.8. RIGHT TO COMPENSATION

19.8.1. Where reference to compensation is made in this section,

passengers shall receive at least

(i) 25% of the fares or passenger ticket price for all flights within Nigeria.

(ii) 30% of the passenger ticket price for all international flights.

19.8.2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Section 19.10 the arrival time of which does not exceed the scheduled arrival time of the flight originally booked :

(i) by one hour, in respect of all domestic flights ;

(ii) by three hours, in respect of all international flights, the operating

airline may reduce the compensation provided for in section 19.8.1.by 50%.

19.8.3. The compensation referred to in Section 19.9.1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers or other services.

19.8.4. Where compensation is made in voucher, the voucher shall be redeemable at all sales outlets of the air carrier providing the voucher.

19.9.1. Where reference to reimbursement or re-routing is made in this

section, passengers shall be provided any of the following choices :

(i) Immediate reimbursement in cash for domestic flights and reimbursement within fourteen days for international flights, by the means provided for in sections 19.8.3( mode of payment), 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 or parts already made if the flight is no longer serving any 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 ;

(ii) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity ; or

(iii) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.

19.10. RIGHT TO CARE.

19.10.1. Where reference to care is made in this section, passengers shall be offered free of charge :

(i) refreshments such as water, soft drinks, confectioneries / snacks ;

(ii) a meal ;

(iii) hotel accommodation ;

(iv) transport between the airport and place of accommodation (hotel or other accommodation).

19.10.2 In addition to section 19.10.1, passengers shall be offered free of charge, two telephone calls, SMS or emails.

19.10.3. In applying this section, the operating air carrier shall prioritize the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied minors.

19.22. COMPLAINTS PROCEDURE

19.22.1. Every airline shall have a designated officer for the purpose of receiving and resolving complaints from its passengers. Such designated officers may liaise with the Authority where necessary.

19.22.2. Every airline shall submit to the Authority its consumer complaint procedure manual which shall be in accordance with its business module.

19.22.3. APassenger may make a complaint with the Authority against an airline in relation to the breach of air passenger rights as provided in the Regulations by filling and submitting a Complaint Form (available online and at all airports), after the consumer must have notified the air carrier of such a breach and the complaint remains unresolved.

19.22.4. A complaint shall be made in writing or electronically and transmitted to the Authority.

19.22.5 Every complaint shall be accompanied by :

(i) a copy of the airline ticket (where applicable) ;

(ii) A copy of the letter to the air carrier stating a claim for breach of air passenger rights ;

(iii) any response or responses or correspondence thereto ;

(iv) Any other relevant document(s).

19.22.6. Where a complaint has been made in a representative capacity, the representative shall provide the complainant’s written authority to act on his or her behalf.

19.22.7. Complainants may present a class action before the Authority, but must appoint a representative for the class.

19.23. Assessment.

19.23.1. The Authority shall cause an investigation to be carried out on the substance of the complaint and the consideration given by the air carrier within a reasonable period of time after the receipt thereof.

19.23.2. In carrying out any assessment under these Regulations, an officer designated by the Authority shall have all the powers of investigation stipulated in Section 30(4)(i) of the Civil Aviation Act 2006, and in addition may request for submissions to be made by any interested person(s) in relation to a complaint.

19.23.3. The Authority shall amongst other things :

(i) Notify the Respondent that a request has been lodged under these regulations ;

(ii) Require the Respondent to respond to the complaint within 7 days ;

(iii) Require the Respondent to describe the procedure it has taken to resolve the matter.

Perhaps you can share our worst experience(s) and how it all ended. 

-Jimada is an Abuja-based aviation expert