Since 1999, several administrations, especially the Ministers of Aviation, have pledged to ensure the safety of airlines and the sector. As crucial as the safety of airlines is because it ultimately translates to the safety of passengers, it is not the only aspect of aviation that requires attention.

One other area that is almost always ignored in the Nigerian aviation sector is the protection of the rights of air passengers on domestic flights. Needless to say that countless passengers have had their rights disregarded and even flagrantly abused by airlines and other stakeholders in the industry.

In 2019 alone, there were 41,968 recorded cases of missing and delayed luggage in Nigeria, according to a report by the Nigeria Civil Aviation Authority (NCAA). The same year, the NCAA recorded the operation of 65,401 flights, of which 37,510 ( about 57%) were delayed and 356 were cancelled.

In most of these cases, passengers neither demanded compensation nor were the defaulting airlines gracious enough to offer them.

While many passengers know their rights but shy away from demanding that they be respected, others are oblivious of what defaulting airlines owe them and thus, fail to demand restitution.

Below are some passengers’ rights, according to Civil Aviation Act 2006 (CAA), under the NCAA Regulations (Part 19) and the Federal Competition and Consumer Protection Act (FCCPA), which most airlines would rather keep mute about.

Delayed flights

* Every passenger has a right to be informed of the reason for a delay within 30 minutes after departure time.

* When the delay lasts for 2 hours, the passenger is entitled to refreshment, and where the delay lasts for 3 hours, the passenger is entitled to a reimbursement.

* A passenger is also entitled to transport and hotel accommodation where delay falls between 10:00 pm and 4:00 am.

Cancelled flights

• A passenger is entitled to compensation by an airline where there is a cancelled flight, unless the said passenger is informed of the cancellation at least 24 hours before the scheduled departure time.

Passenger placed on lower-class ticket

• Where an airline places a passenger in a class lower than that for which the ticket was purchased, the said passenger is entitled to a reimbursement within 30 days from the date of travel.
• The airline is also required to make an additional payment of 30% and 50% of the price of the ticket for domestic and international flights respectively.

Baggage delay

• A passenger is entitled to immediate monetary compensation by the airline in the event of a baggage delay, as well as the carriage of the said delayed baggage on the next available flight.

How to get compensation/punitive orders

If passengers are not granted an audience after foregoing rights are violated or abused, they are expected to either submit complaints to the Customer Affairs Unit of the NCAA or file an action in court to enforce a passenger’s right.

However, it should be noted that such action, under the NCAA, has to be instituted within two years of its occurrence.

• Compile your documentation

The passenger would need the ticket or booking number, date of the flight, name of the airline, and if possible the reason given by the airline for the flight delay or cancellation.

This information should be forwarded with a claim letter detailing the passenger’s experience with the airline (flight delayed or cancelled), and the inconvenience it caused.

• Contact the airline

Different airlines have different procedures for claims. Some accept complaints via email, while a passenger may need to send a written claims letter to others.

• If the claim for compensation is rejected by the airline, the passenger may either choose to accept the rejection, or make a further complaint to the Consumer Protection Directorate of the Nigerian Civil Aviation Authority (NCAA).
• When complaining to the NCAA, the passenger will need to include the details of their initial complaint letter, the rejection letter received from the airline, and a cover letter to the NCAA asking them to review the rejection by the airline.
• If the Consumer Protection Directorate of the NCAA rejects a review, the passenger may refer the matter to the FCPC.
• Provide them with all the information on the complaint so far, and ask them to review the decisions and compel the airline to award you compensation.
• If the CPC fails to uphold your complaint, you may engage a lawyer and decide to take the matter to court.
• Note that the passenger may at any step within the stipulated process decide to go to court.

Bottomline

Despite the NCAA regulations, the conduct of airlines has been unsatisfactory and sometimes questionable, and most passengers are either ignorant of their rights or believe the violation of said rights is not worth the stress of demanding compensation. This may be attributed to poor consumer education.

Consequently, the enlightenment of passengers on their rights is necessary.