No more ‘flightmares’, as new rights bill excites travellers
They call it “flightmare.” Passengers had had to wait in airports for several hours for flights that would never be operated. The Nigerian Civil Aviation Authority (NCAA) is fine tuning rough edges with a bill that would put enormous power in passengers’ hands. WOLE SHADARE writes that when this bill becomes a law, it would ensure that passengers no longer have to live in fear of being trapped on planes for hours without food, water or functioning restrooms among others. However, passengers need to respect the rights of airlines.
DESPITE numerous measures taken by the Consumer Protection Directorate of the Nigerian Civil Aviation Authority (NCAA), not much had been achieved before now. Passengers were at a cross road on how to ensure that their rights were not continually infringed upon.
They gave up anytime they were confronted with some of these challenges.
It had become all too common for a flight to get stuck on the tarmac (usually due to weather at the departure or destination) and keep its passengers ‘safe’ onboard until the flight was either canceled or finally takes off.
Of course, most passengers perceived this as nothing less than being held hostage for hours – in some cases without food, water or working restrooms. These are just a few of these awful recent examples.
At last, the aviation regulatory seemed to have woken up from its slumber by pursuing vigorously one of the monsters that have for long taken the joy out of air travel.
Poised to defend passengers’ right, the NCAA had recently in Lagos launched an awareness campaign through the display of, “Passengers’ Statement of Right and Airlines’ Obligation.”
In his presentation, the Director General of the NCAA, Dr. Harold Demuren, said, “as we move forward in addressing passenger rights, it is important to remember that there are many views to consider”.
“There are first and foremost the passengers, but we must also consider what is reasonable for the airlines and airports. We cannot ask them to provide services for which they do not have the resources. Ideally, we will reach the point where competitiveness will begin to resolve the need for legislation, that is to say, that once the airlines, as well as, airports begin utilising services and benefits to draw customers in, there would be competition for passengers, thus providing them with excellent service.”
The measure is aimed at checking rights violations by domestic and foreign carriers, arising from incessant delays and cancellations of flight resulting in loss of passenger baggage.
The domestic carriers are jittery over the implementation of the new aviation law that is expected to checkmate gross violation of passengers’ rights that has been on over the years.
The bill of rights, which is being packaged by the NCAA, comes on the heels of parlous service delivery by airlines and aeronautical service providers including the Federal Airports Authority of Nigeria (FAAN), Nigeria Airspace Management Agency (NAMA), and ground-handling firms, which have combined to short change Nigerian passengers.
The new bill is already provoking disquiet and palpable anxiety among domestic carriers, which is expected to empower the NCAA to sanction airlines, which have reported to it by passengers for all categories of rights violation.
Chief among the rights violation that the bill would address is the incessant flight delays and cancellations carried out without adequate notification and compensation in line with internationally prescribed regulations by the International Civil Aviation Organisation (ICAO) and International Air Transport Association (IATA).
Demuren affirmed that when the bill becomes a law, it would help to protect the travellers’ right where the rights of passengers can no longer be violated by airlines. He explained that the NCAA was seeking industry input in the final stage of drafting the bill, before the primary aviation law could be gazetted by the Federal Government to give it teeth to bite errant airline operators and other service providers.
The following are some of the points to be noted in the Passengers’ Bill of Right:
• If your flight will be re-routed or delayed, you must be notified at least two hours in advance.
• If you have a ticket or print-out that shows a confirmed reservation for a specific flight and date, an agent cannot deny you boarding because you have no reservation in the computer.
• If you need to cancel a ticket purchased under a non-refundable fare, you must be able to apply the fare you paid toward a future flight, minus any applicable charge or cancellation fees.
• You have a duty to arrive before the time on your ticket.
Even if you have already checked in for your flight, an airline can cancel your reservation if you are not at the departure gate on time.
• You must be compensated if a flight departs before the ticketed time.
• If you do not check your baggage in sufficient time for it to be loaded on your flight, the airline will not be responsible for any delay in the delivery of your baggage to your destination.
• If, however, your baggage is delayed or lost, you must be compensated within five business days.
• If your flight is delayed for over 1hour, cancelled or you are denied boarding, you have a right to compensation.
• You have a duty to be courteous to staff and agents of airline operators.
• If airline staff or agents treat you discourteously, you must be compensated by the airline.
• You have a right to refreshments in-flight and when there is a delay of more than 1hour.
• The airline must provide decent lodging and feeding for you if your flight is delayed overnight.
• As a passenger with mobility or other special needs, you have a right to priority treatment.
• You have a right to sanitary restrooms in-flight.
• You have a right to best price information; and flexible/refundable tickets at cost.
• All adults are required to present photo identification upon check-in and at boarding.
If too many people show up for your flight, the airline must ask for volunteers to give up their seats for rewards from the airline (such as vouchers for future travel, a hotel stay or even cash.) The rewards must be negotiated on an individual basis with the airline.
If you are involuntarily denied boarding, the airline must explain your rights in a written document, which must state how the airline decides, who gets to stay on an oversold flight. You may keep your ticket and use it on another flight. If you choose to make alternative arrangements, you can request an “involuntary refund” for the ticket.
DESPITE numerous measures taken by the Consumer Protection Directorate of the Nigerian Civil Aviation Authority (NCAA), not much had been achieved before now. Passengers were at a cross road on how to ensure that their rights were not continually infringed upon.
They gave up anytime they were confronted with some of these challenges.
It had become all too common for a flight to get stuck on the tarmac (usually due to weather at the departure or destination) and keep its passengers ‘safe’ onboard until the flight was either canceled or finally takes off.
Of course, most passengers perceived this as nothing less than being held hostage for hours – in some cases without food, water or working restrooms. These are just a few of these awful recent examples.
At last, the aviation regulatory seemed to have woken up from its slumber by pursuing vigorously one of the monsters that have for long taken the joy out of air travel.
Poised to defend passengers’ right, the NCAA had recently in Lagos launched an awareness campaign through the display of, “Passengers’ Statement of Right and Airlines’ Obligation.”
In his presentation, the Director General of the NCAA, Dr. Harold Demuren, said, “as we move forward in addressing passenger rights, it is important to remember that there are many views to consider”.
“There are first and foremost the passengers, but we must also consider what is reasonable for the airlines and airports. We cannot ask them to provide services for which they do not have the resources. Ideally, we will reach the point where competitiveness will begin to resolve the need for legislation, that is to say, that once the airlines, as well as, airports begin utilising services and benefits to draw customers in, there would be competition for passengers, thus providing them with excellent service.”
The measure is aimed at checking rights violations by domestic and foreign carriers, arising from incessant delays and cancellations of flight resulting in loss of passenger baggage.
The domestic carriers are jittery over the implementation of the new aviation law that is expected to checkmate gross violation of passengers’ rights that has been on over the years.
The bill of rights, which is being packaged by the NCAA, comes on the heels of parlous service delivery by airlines and aeronautical service providers including the Federal Airports Authority of Nigeria (FAAN), Nigeria Airspace Management Agency (NAMA), and ground-handling firms, which have combined to short change Nigerian passengers.
The new bill is already provoking disquiet and palpable anxiety among domestic carriers, which is expected to empower the NCAA to sanction airlines, which have reported to it by passengers for all categories of rights violation.
Chief among the rights violation that the bill would address is the incessant flight delays and cancellations carried out without adequate notification and compensation in line with internationally prescribed regulations by the International Civil Aviation Organisation (ICAO) and International Air Transport Association (IATA).
Demuren affirmed that when the bill becomes a law, it would help to protect the travellers’ right where the rights of passengers can no longer be violated by airlines. He explained that the NCAA was seeking industry input in the final stage of drafting the bill, before the primary aviation law could be gazetted by the Federal Government to give it teeth to bite errant airline operators and other service providers.
The following are some of the points to be noted in the Passengers’ Bill of Right:
• If your flight will be re-routed or delayed, you must be notified at least two hours in advance.
• If you have a ticket or print-out that shows a confirmed reservation for a specific flight and date, an agent cannot deny you boarding because you have no reservation in the computer.
• If you need to cancel a ticket purchased under a non-refundable fare, you must be able to apply the fare you paid toward a future flight, minus any applicable charge or cancellation fees.
• You have a duty to arrive before the time on your ticket.
Even if you have already checked in for your flight, an airline can cancel your reservation if you are not at the departure gate on time.
• You must be compensated if a flight departs before the ticketed time.
• If you do not check your baggage in sufficient time for it to be loaded on your flight, the airline will not be responsible for any delay in the delivery of your baggage to your destination.
• If, however, your baggage is delayed or lost, you must be compensated within five business days.
• If your flight is delayed for over 1hour, cancelled or you are denied boarding, you have a right to compensation.
• You have a duty to be courteous to staff and agents of airline operators.
• If airline staff or agents treat you discourteously, you must be compensated by the airline.
• You have a right to refreshments in-flight and when there is a delay of more than 1hour.
• The airline must provide decent lodging and feeding for you if your flight is delayed overnight.
• As a passenger with mobility or other special needs, you have a right to priority treatment.
• You have a right to sanitary restrooms in-flight.
• You have a right to best price information; and flexible/refundable tickets at cost.
• All adults are required to present photo identification upon check-in and at boarding.
If too many people show up for your flight, the airline must ask for volunteers to give up their seats for rewards from the airline (such as vouchers for future travel, a hotel stay or even cash.) The rewards must be negotiated on an individual basis with the airline.
If you are involuntarily denied boarding, the airline must explain your rights in a written document, which must state how the airline decides, who gets to stay on an oversold flight. You may keep your ticket and use it on another flight. If you choose to make alternative arrangements, you can request an “involuntary refund” for the ticket.
Author of this article: WOLE SHADARE for The Guardian
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