Rights, Remedies Available To Passengers Of Airlines For Breach Of Right By Air Carriers Under The Law, By Maryam Musa El-yakub Esq | Sahara Reporters

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Although travelling by air confers certain rights, responsibilities and obligations on air passengers and air carriers respectively, the issues of air passengers’ rights breach ranging from flight delays, denied boarding, loss of baggage, cancelled flights etc still abound. This can be exasperating for the reason that such situations are very often attended with impunity by the airlines despite the existence of legal frameworks regulating the Aviation Industry in Nigeria and globally.

This has continued due to inadequate enforcement of the said laws, lack of proper education of the public concerning the rights and remedies available to them and the unwillingness of victims to challenge the situation.

The remedies and rights are provided under Part 19 of the Nigerian Civil Aviation Regulation, themed Consumer Protection Regulation, which can be chiefly categorized into right to reimbursement and rerouting, right to accommodation and care, and financial compensation to air passengers. Financial compensation to air passengers is also a remedy available in the event of delay of carriage or breach of carriage. In the case of delay of domestic flight in Nigeria, there is no right to monetary compensation under the NCARs. However, if the delay is in respect of international flight, and the delay is within the period of 2-4 hours, the passenger is entitled to monetary compensation in the value of 30% of the cost of the ticket.

In respect of cancellation, section 19.7 of the NCARs is to the effect that in the case of cancellation, the passengers concerned shall be offered assistance by the operating carrier in accordance with 19.6 which deals with delays but the assistance provided therein includes reimbursement and right of care, be offered assistance in accordance with 19.9.1 and 19.9.

Compilation of documentation which includes: a. Ticket/booking number, Date of the flight, Name of the flight, Reason given by the airline for the delay, cancellation or denial, Any other evidence/document that will be necessary for proving any claim;c.

 

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