LEGAL SOLUTION: FLIGHT CANCELLATION AND AIR PASSENGER RIGHTS

With Barrister King Jamez Nkum

Air travel is becoming more common with lots of people traveling daily in and out of the country. However, despite the astronomical increase in air transportation, a lot of air passengers are still ignorant about their rights. This is especially so because some of these airliners in Nigeria for instance, capitalize on the people’s ignorance to exploit them or or deprive them of their entitlement.

Of course, extreme safety concerns or other reasons may lead to an outright cancellation of the flight. In addition, many airlines require reconfirmation of an onward reservation wherever a journey is broken for more than 72 hours, and that failure to comply may result in cancellation of the reservation in question, together with those for any subsequent flights in the journey.

INTERNATIONAL FLIGHT
In case of International Flights, the Law provides that in case of cancellation of a flight, the passengers concerned shall be compensated by the air carrier in addition to other assistance.

The exception is if the passenger is:
(a) informed of the cancellation at least 7days before the scheduled time of departure ; or

(b) informed of the cancellation between 3 & 7days before the scheduled time of departure and offered re-routing, allowing him to depart not more than 2hours before the scheduled time of departure and to reach his final destination less than 4hours after the scheduled time of arrival ; or

(c) informed of the cancellation less than 7days before the scheduled time of departure and are offered re-routing, allowing him to depart not more than 1hour before the scheduled time of departure and to reach his final destination less than 2hours after the scheduled time of arrival.

DOMESTIC FLIGHT
In respect of domestic flights, passengers have the right to compensation by the operating air carrier, unless they are informed of the cancellation at least 24hours before the scheduled time of departure.

In addition, passengers informed of the cancellation have the right to be given an explanation concerning possible alternative transport.

Note however, that an airline is not under any legal obligation to pay compensation for flight cancellation if it can establish by way of proof that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. As such, adverse weather conditions which make it unsafe for air travel could be considered to be such a circumstance beyond control.

However, the meteorological agency has a duty to ensure accurate and prompt weather report. In any event, the burden of proof concerning any question as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating airline.