You arrive early at the airport for your trip, check in your luggage, and proceed to the departure lounge. The lounge is crowded as usual but you eventually find a comfortable seat where you wait for your flight to be called. About an hour to your scheduled departure time, your boarding call has not been made, and this makes you worried. Half an hour before the departure time, yet a boarding call has not been made for your flight. You become tense, as you have appointments to keep. Finally, you hear over the notification system that your flight has been cancelled by the airline. This, perhaps, tells your story. This article examines the issue of flight delays and cancellations and the rights of air travelers in Nigeria.
The Nigerian Civil Aviation Authority Regulations
The primary agency regulating the operation of airlines in Nigeria is the Nigerian Civil Aviation Authority (NCAA). The NCAA was created by Section 4 of the Nigerian Civil Aviation Authority Act 2022. Pursuant to the Powers granted to the NCAA by the said Act, the agency provides and monitors compliance with guidelines for Civil Aviation in Nigeria, part of which is Part 19 of the Nigerian Civil Aviation Authority Regulations 2023 which makes provisions for Consumer Protection in the Civil Aviation industry in Nigeria.
Flight delays, cancellations, denied boarding and remedies available to customers.
Flights may be disrupted for a number of reasons. Apart from cancellations, flights may be delayed for reasons within, or beyond the control of the airline. Some of these causes may also be attributed to the customer. All these are provided for by the NCAA Regulations and are examined below:
No show:
This is a situation in which the customer does not turn up at the scheduled time for his flight. This is generally expressed that the customer “missed the flight.” When a passenger shows at a later date or time than the appointed time of departure, the passenger’s ticket may be considered for a wait-list on another flight provided a vacant seat is available, and provided the airline’s requirements for rescheduling are met.[1]
Denied Boarding and Causes:
Overbooking[2]
There are instances that flights are overbooked. This is because airlines often contemplate the possibility of some passengers not showing up. When this is the case, the regulation sets some guidelines that must be followed by airline operators in dealing with this situation. The Airline is required to ensure to disclose to the passengers the situation and request for volunteers who will not mind being removed from the flight because of the overbooking. These volunteers may have their flights rescheduled or rerouted and are entitled to compensation for the delay[3]. While this is done however, airlines are expected to ensure that they minimize the number of persons with seat reservations that they deny boarding. This is why passengers are often advised to check in online and reserve their seats immediately after purchasing tickets.
Involuntary Denial of Boarding[4]:
Instances in which a passenger is denied boarding apart from the above are tagged involuntary denial of boarding. These are also provided for by the Regulations. Where for any reason a passenger is unable to fly after having duly booked the flight and secured a seat, such passenger is deemed to have been involuntarily denied boarding and is entitled to compensation by the airline.
Delays:
The Regulations make specific provisions for delays in Domestic Flights as well as International Flights. These provisions are meant to compensate passengers for time lost and to ensure their comfort while they wait to catch their flight.
a. Domestic Flights:
When a domestic flight is reasonably expected to be delayed beyond its time of departure, the carrier is required to provide reasons for the delay to the passenger within thirty (30) minutes after the scheduled departure time. The airline must also provide assistance to the passenger as specified in the Regulations[5].
If the flight is delayed beyond two hours, the airline is required to provide refreshments to the passenger, which, depending on the circumstance, shall include a meal, water, soft drinks, hotel accommodation and free telephone calls.
For delays beyond three hours, the airline is required to provide reimbursement and rerouting for the passenger[6]. It is important to point out that where a passenger is delayed beyond 10:00pm or the time the airport closes, the airline is required to provide hotel accommodation for the customer. Also, where the delay is for a period more than six hours after the initial scheduled time, the passenger is entitled to refund of 25% of the ticket price.[7] These obligations may only be waived where the airline is able to prove that the delay is due to extraordinary circumstances which they could not have avoided even if all reasonable measures are taken. Such instances include bad weather, natural disasters or domestic security threats.
b. International flights[8]:
The compensatory provision for delays in International Flights is similar to that for domestic flights. For delays between two and four hours, the passenger is entitled to refund of 30% of their ticket price. This is in addition to other assistance including meals, free telephone calls, SMS and email service. Where the delay is for a period exceeding six hours from the initial schedule, the airline must provide hotel accommodation and transportation assistance for the passenger.
Cancellations:
Generally, passengers are entitled to be informed ahead of cancellation of their flights. In International Flights, the airline must give notice of cancellation at least seven (7) days prior to the scheduled departure date or between three and seven days with an option to reroute. For domestic flights, airlines are required to provide at least twenty-four hours’ notice of cancellation to their customers. When notice of cancellation is given, the airline owes the passenger the duty to the passenger to provide explanations as to possible alternatives available to the passenger. The passenger is also entitled to compensation from the airline unless the airline can prove that the cancellation is caused by circumstances beyond their control and which they could not have avoided even if they took all necessary precautions.
Conclusion:
Part of the objectives of the Nigerian Civil Aviation Act is to provide for an effective legal and institutional framework for the regulation of civil aviation in Nigeria in conformity with the standards and recommended practices set by the International Civil Aviation Organisation (ICAO). Pursuant to this objective, the Nigerian Civil Aviation Authority, being a creation of the Act and in discharge of it duties of oversight, has made guidelines to ensure that airlines operate according to international standards in Nigeria and that customers are get value for services they pay airlines for.
An attempt has been made above to examine some of the challenges usually faced by passengers when traveling by air. It must be pointed out however that the above is a general appraisal of some of the provisions of Part 19 of the Nigerian Civil Aviation Authority Regulations 2023, which makes provisions for Consumer Protection in the Civil Aviation industry in Nigeria. Facts of specific incidents may require departure from some of these provisions referred to above. In all matters regarding rights and liabilities therefore, we advise that you consult a lawyer to seek comprehensive advice.
Subscribe, follow, share!
Has this article been of help? Why not consider subscribing to our mailing list us for more.
Do not forget to share, Follow our pages on Facebook and Instagram and also subscribe to our WhatsApp Channel
[1] Section 19.3, Subsection 19.3.1.1 of Part 19 of the NCAA Regulations 2023.
[2] Section 19.4 of Part 19 of the NCAA Regulations 2023.
[3] Section 19.9.1.1 of Part 19 of the NCAA Regulations 2023.
[4] Section 19.4, Subsection 19.4.1.2 of Part 19 of the NCAA Regulations 2023.
[5] Section 19.6, Subsection 19.6.1.1 of Part 19 of the NCAA Regulations 2023.
[6] Section 19.9, Subsection 19.9.1.1 of Part 19 of the NCAA Regulations 2023.
[7] Section 19.8, Subsection 19.8.1.1(a) of Part 19 of the NCAA Regulations 2023.
[8] Section 19.6, Subsection 19.6.2.1 of Part 19 of the NCAA Regulations 2023.