By Emeka Alex Duru

Baring last minute hitches, domestic and international air travellers within Nigeria, would soon be accorded courtesies and rights commensurate with their counterparts in other parts of the world. This is in line with regulations being put in place by the Consumer Protection Unit of the Nigerian Civil Aviation Authority (NCAA).

The agenda, encapsulated in Passengers Bill of Rights, aims at ensuring that Nigerian air travel passengers are decently treated by airlines, not only in conformity with global standards but also, in keeping with government’s promise to provide efficient and effective service delivery to all Nigerians.

The Bill, which is expected to commence next month, places enormous responsibilities to the airlines as well as rights and duties to the passengers. Part of the provisions of the document is that which holds airliners liable for services that fall below expectations of their customers.

Among these sore points are those bordering on unnecessary delays, flight reschedule or outright cancellation. Currently, the trend at the nation’s airport is that of passenger frustration arising from whimsical tendencies of airline operators.

Part of the allegation is airliners regularly delaying or cancelling flights, without being made to pay restitutions. Some, it has also been alleged, overbook flights and leave passengers who cannot get seats on the flight without choice but to wait for a later flight, which may be the next day. Some staff of the airlines are also known to be discourteous to passengers, even in the face of such frustrating situations.

Travellers also accuse some airlines of publishing misleading advertisement, which fails to disclose the full fare for a flight. This means a passenger is made to incur additional fees, tax, brokerage fees, administrative charges or commission outside the published fare.

Our reporter in fact, gathered that annually, the Consumer Protection Unit of NCAA receives no less than 50,000 complaints from passengers badly treated by local and international airlines. The complaints relate to lost baggage, poor in-flight service, flight delays and cancellations, amongst others.

Aviation officials however assure that with the proposed Passengers Bill of Rights, these infractions would be checked. The Director-General, Nigerian Civil Aviation Authority, Dr. Fola Akinkuotu offered insight into the emerging regime when he disclosed last week, that foreign and domestic airlines operating in the country will from next month, pay heavy fines and compensations for flight delays, cancellations, lost baggage and other related anomalies, when the bill would have rolled off.

“The Passengers Bill of Rights will come into effect before the end of July; the passengers and airline operators will get to know their rights and obligations. The regulator will just sit to make sure there is compliance,” Akinkuotu had said.

He stressed that it was high time airline operators stopped maltreating their passengers, adding that the implementation of the bill of rights would help put an end to unfair practices by airlines.

Akinkuotu stated; “It is not good for passengers to get raw deals from the airlines. What is sauce for the geese is also sauce for the gander. We have a responsibility to ensure that the bill of rights works.

“We need to make sure passengers get good deals and value for their money. We need to let them know that air transport is the best way to go, and that they will get good deals and value for money.”

The Bill admonishes the passengers that their rights are not a privilege but their entitlement, assuring them that they are obligatory on the airlines. “It is the responsibility of every airline passenger whose rights are infringed upon to demand restitution first, from the airline at the point of infringement, and only report to NCAA Consumer Protection Officers (CPOs) at the airports or through contacts provided in this pamphlet”, it stressed.

According to the Bill, henceforth any airline, which denies a passenger boarding as a result of overbooking of flight has to ensure that the “smallest practicable number of persons holding confirmed tickets on that flight are denied boarding involuntarily.” It added that any passenger denied boarding involuntarily shall be compensated. The compensation, it stressed, is at least 25 percent of the fares or passenger ticket price for all flights within Nigeria and at least 30 percent of the passenger ticket price for all international routes.

Considering the factor of inconveniences to passengers occasioned by flight delay, the new Bill insists that whenever an airline anticipates such a development beyond its scheduled time, passengers are entitled to some reliefs. For delay beyond one hour, it prescribes that the airline must provide refreshment, telephone call, SMS or e-mail to the passengers. In case of a delay for two hours and beyond, the carrier must reimburse passengers the full value of their tickets.

The Bill also prescribes that where the delay occurs between 10pm and 4am, the airline must provide hotel accommodation, refreshment, meal, two free calls, sms, e-mail and transport to passengers to and from the airport.

International passengers with delayed flights for between two and four hours are entitled to refreshment and two telephone calls, sms or e-mail. For passengers whose flights are delayed for four hours or more, the bill mandates the respective airline to provide them with a meal, two telephone calls, sms or e-mail. For delays at least six hours after the original time of departure, each passenger is entitled to hotel accommodation and transportation between the airport and place of accommodation.

The Bill however allows carriers to cancel flights provided booked passengers are informed on time. In this instance, passengers on domestic flights must be informed 24 hours before scheduled departure time, while those on international flights must be informed of cancellation seven days before scheduled departure time.

Where a passenger is informed less than seven days before an international flight, he must be offered re-routing, allowing him to depart not more than one hour before scheduled time of departure and to arrive his final destination not more than two hours after scheduled arrival time.

“Where this time frame is not observed, the following rights apply: 25 percent of passenger ticket price for all domestic flights within Nigeria; 30 percent of passenger ticket price for all international flights. Also, passengers whose flights are cancelled outside the stipulated time above are entitled in addition to any of the following choices: immediate reimbursement in cash for domestic flights and within 14 days for international flights either by cash, electronic bank transfer, bank orders or bank cheque or with the signed agreement if the passenger, in travel vouchers or other services. Such vouchers shall be redeemable at all sales outlets of the air carrier issuing the voucher”.

It added that compensations and reimbursements shall be immediate and in cash for domestic flight at full cost of ticket price; within 14 days for international flights at full cost of ticket price paid either by cash, electronic bank transfer, bank orders/cheque or with signed agreement of the passenger, in travel vouchers or other services.

When a passenger is re-routed to an alternative airport other than the one booked, the airline must bear the cost of transferring him from the alternative airport to the airport of booking or to another close-by destination agreed with him. Where, however, a carrier is able to prove that cancellation was caused by unavoidable extraordinary circumstances, it is not under obligation to pay compensation to the passengers.

All airlines are mandated to display at their check-in desk a written statement of passenger’s rights in the event of any of overbooking, denied boarding, delay/cancelled flights. The statement must read: “If you are denied boarding or your flight is cancelled or delayed for at least 1 hour, ask the airline officials for a written statement of your rights particularly with regards to compensation or assistance.”

There are other provisions of the bill, including those bordering on down grading of passengers from original classes for which they had paid. Failure to adhere to the stipulations of the Bill attracts various ranges of fines to the airliners. The provisions of the Bill are, however, not limited to airlines. Unruly passengers also stand the risk of being prosecuted and jailed for two months or pay N5 million or N500,000 as fines or both.

Aviation handling companies are also expected to be more diligent with their work henceforth, as they risk paying between N5 million or N500,000 as penalties, for infractions.

Enlightened analysts count the introduction of the bill among the efforts of the aviation ministry to enhance the country’s air transportation. This, they say, is in addition to the infrastructure uplift currently going on in the nation’s major airports. Ighile John, an aviation commentator, describes the Bill as a welcome development, adding that with it “the era of the airlines feeding on the ignorance and helplessness of air travellers, is clearly over”. He however urges the authorities to ensure that the provisions of the bill are implemented to the letter