The Civil Aviation Act 2022 is the primary piece of legislation controlling airline passenger rights in Nigeria.
It is supplemented by the Nigerian Civil Aviation Regulation 2015, with the Nigerian Civil Aviation Authority serving as the primary governing agency.
Part 19 of the Nigerian Civil Aviation Regulation, Consumer Protection Regulation, specifies passengers’ rights and responsibilities, as well as airlines’ responsibilities to consumers.
It’s important for air passengers in Nigeria to be aware of their rights and protections under the law.
The NCAA’s Consumer Protection Regulations are designed to ensure that passengers are treated fairly and compensated for any inconveniences they may experience during their air travel.
Additionally, international conventions like the Montreal Convention provide further protections for passengers in cases of injury or loss of life during international air travel.
The Jurist Newspaper brings you the rights of air passengers, and the duty of airline operators in compliance with international treaties and Nigerian legislation.
1.Right to be treated with dignity and respect
The Regulation states that every passenger, regardless of tribe, race, or physical condition, shall be treated with dignity and respect.
Preference must be given to people with limited mobility and anyone escorting them, as well as unaccompanied youngsters and families.
2. Passengers’ right to be compensated for flight delays and cancellations
A passenger has a right to compensation for any flight delay or cancellation under Part 19 of the Nigerian Civil Aviation Regulation 2015.
This claim for compensation is based on the factors preceding the delay or cancellation, such as whether the flight is international or domestic, as well as the flight’s duration and time.
In the event of a domestic flight delay, airlines the law says that passengers will get the following:
a) The purpose of the delay within 30 minutes of the booked take-off time.
b) Within the time limit, passengers are entitled to free refreshments such as water and soft drinks.
c) Two phone calls, two text messages, and one email.
d) Immediate cash compensation for the entire purchase price of the unutilized ticket.
e) Airlines must provide passengers with hotel accommodations and transportation between the airport and their place of lodging, if;
- the delay occurs between 10 p.m. and 4 p.m., or
2. when the airport is closed at the time of arrival or departure.
Passengers are not eligible for these if such passengers have been informed of the cancellation 24 hours earlier where it is a domestic flight and seven days for an international flight.
3.Compensation for oversold tickets
When an airline operator has to deal with an oversold ticket circumstance, the airline is required to;
1. compensate the volunteers, i.e., the people who freely volunteer to board or join another airline after the attainable number of passengers has been verified and fixed to a seat reservation.
- Local flight passengers are entitled to at least 25% of the fee or ticket and 30% for international flights.
- They also have the right to receive instant cash refunds for domestic and international flights.
- If it is an international flight, the total price of the unused ticket at the time of purchase for a portion or portions of the voyage not completed must be refunded within 14 days.
4.Compensation for delayed, lost and damaged baggage
If a passenger’s baggage, whether carried on the same or a subsequent flight, is lost or damaged due to the air carrier’s negligence, the passenger would be paid.
This is in line with the requirements of the Nigeria Civil Aviation Act.
For reimbursement reasons, an individual’s baggage may be considered to be permanently and completely lost if it is not delivered to the passenger or consignee within 7 days for domestic flights.
For international flights, it has to take 21 days.
This is to be counted from the time the passenger or consignee should have received it. Checked baggage fees will also be refunded if the baggage is not delivered to the traveller within twenty-four (24) hours of the flight’s arrival.
5.Rights to compensation cases of aircraft accidents
Sections 55(1) and (2) of the Civil Aviation Act state that the Montreal Convention, signed on May 28, 1999;
Provides for the unification of certain rules relating to international air carriage, shall have effect as a matter of law and apply to both international and non-international air transit in Nigeria.
According to section 55(3), the consequence is that in the event of an aircraft accident leading to the death or injury of passengers, the airline operator or carrier must make advance payments.
The payments should be at least 30,000 US dollars within 30 days of the date of the accident.
What you should know
The primary legislation governing air passenger rights in Nigeria is the Nigerian Civil Aviation Authority (NCAA) Consumer Protection Regulations.
- Additionally, Nigeria is a signatory to international agreements, such as the Montreal Convention and the Warsaw Convention, which provide further protections for air passengers.
- Passengers have the right to request a refund or rerouting if their flight is delayed significantly or canceled. The regulations provide guidelines for these situations.
- Passengers are entitled to fair treatment and protection of their rights during flight disruptions. Airlines must ensure passengers’ needs are met, including providing meals and accommodation when necessary.
- The NCAA provides a mechanism for passengers to file complaints about airline services or violations of their rights. The authority investigates these complaints and takes appropriate action.
- It’s important for air passengers to be aware of their rights, read the terms and conditions of their tickets, and know the regulations that apply to their flights, which can vary by airline and jurisdiction.
- In case of disputes or issues, passengers can seek assistance from the relevant aviation authorities or consumer protection agencies.