Why You Can’t Get Compensation For Cancelled Flights

Daily Law Tips (Tip 748) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)

Introduction:
You probable have seen several publications on compensations for
cancelled flights in Nigeria and how to access such compensation.
You should also note that there are conditions and circusmntaces
that will allow an airline not pay any compensation for cancelled
flights in Nigeria. Whether local flight or international flight,
airline operators are protected from paying any compensation for
cancelled flights under such circumstances. So, this leads to the
doctrine of “All are for cancelled flights but not all are for
Compensation”, where all passengers of cancelled flights are denied
the opportunity to fly the cancelled flight but not all passengers
of cancelled flights are entitled to compensation.

Doctrine of “All are for cancelled flights but not all
are for Compensation”:
There are several reasons that may prompt an airline to genuinely
cancel a flight. Ordinarily, once there is a cancellation of
flight, there should be a payment of compensation to customers that
have booked for such flights. After all, the customers have lost
the opportunity of buying tickets from alternative airlines at a
given cost and time and more importantly, customers must suffer
chains of direct and indirect incionveience. Well, this is the
general thinking and the definition of justice in the eyes of most
customers (especially, customers with no investment/interest in
airline business in Nigeria).

Nigerian airspace is highly regulated, like any other natural
resource (water, land, crude oil, gas, gold, plants, animals and
human beings) in Nigeria. Aside the constitution of Nigeria, the
next most important federal law in the Nigerian civil aviation
sector is the Civil Aviation (Repeal and Re-enactment) Act 2006. It
is the federal law that created and empowers all stakeholders,
regulators and participants in the civil aviation sector in
Nigeria, including the Federal Ministry of Transportation and the
Nigerian Civil Aviation Authority (NCAA).

It is the duty of the Nigerian Civil Aviation Authority (NCAA),
a federal government agency to regulate technical and safety issues
in the entire Nigerian civil aviation sector. Also, there is the
Federal Ministry of Transportation empowered to handle policies and
strategies in the Nigerian civil aviation sector. In exercising its
powers to make regulation on aviation safety and security,
commercial air transportation and other related services, the NCAA
made a regulation in 2015 (the Nigerian Civil Aviation Authority
Regulations).

Among other things, the Nigerian Civil Aviation Authority
Regulations made provisions for consumer protection issues (rights
and obligations of airlines to their customers (passengers). This
includes the right of customers to compensation for overbooking,
delayed flight, cancelled flight both for domestic and
international flights as well as for DELAYED, LOST AND DAMAGED
BAGGAGE. By the Regulations, generally, where an airline cancels
its flight, all passengers are obviously denied the opportunity to
fly the cancelled flight but not all the passengers are entitled to
compensation from the airline. This gives rise to the doctrine of
“All are for Cancelled Flights but not all are for
Compensation”

By the Nigerian Civil Aviation Authority Regulations 2015, where
an airline cancels its flight, the passengers of the cancelled are
stopped from boarding the cancelled flight but not all the
passenger of the cancelled flight are entitled to compensation from
the airline. So, this is why you (or any passenger) can’t get
compensation for cancelled flights in Nigeria, including domestic
and international flights. However, an airline must inform its
passengers of every cancellation of flight as well as offer
alternative transportation. The duty to prove that an airline sent
notice of cancelation of flight to a passenger rests on the
airline. Details or circumstances that determine passengers to be
compensated and passengers not to be compensated for their
cancelled flights are shown below.

There will be no compensation of passenger of cancelled
flight (whether local or international flight), where;
1. The passenger is traveling free of charge or at a reduced
fare/cost that is not open to the general public. This refers to
passengers that fly without any cost or at reduced cost due to
their internal relationships with the airline and not because of
any public bonanza or spacial ticket programms.
2. The passenger does not have a confirmed reservation on the
cancelled flight (may be the passenger has a mere unpaid
reservation)
3. The passenger is under a packaged tour and there is a
cancellation of the packaged tour for any other reason apart from
due to cancellation of flight by the airline.
4. The cancellation of flight by the airline was due to
extraordinary circumstances which could not have been avoided even
if all reasonable measures had been taken. Extraordinary
circumstances include mechanical, technical, operational, climatic,
socio-political or any other conditions beyond the actual control
of the airline.
5. The airline will not provide care where the airline communicated
the passenger, informing the passenger about the cancellation of
flight, at least within 24 hours before the departure time of the
flight for domestic flights and 7 days before the departure time of
the flight for international flights. Passengers of international
flights can also be informed with 3 to 7 days before the departure
time so far as they are offered a re-routing, a re-routing that
allows not more than 2 hours earlier departure from the departure
time of the cancelled flight and to reach final destination within
not more than 4 hours from the earlier scheduled arrival time of
the cancelled flight. Also, passengers of international flights can
also be informed within less than 7 days before the departure time,
so far as they are offered a re-routing, a re-routing that allows
not more than 1 hour earlier departure from the departure time of
the cancelled flight and to reach final destination within less
than 2 hours from the earlier scheduled arrival time of the
cancelled flight. The care mentioned above to be offered by the
airline are; free refreshment including water, soft drinks,
confectionaries or snacks; a free meal, a free hotel accommodation,
free transportation between the hotel and the airport, free two
telephone calls,SMS or e-mails.

By the Nigerian Civil Aviation Authority Regulations 2015, where
there is a cancellation of flight, the airline is to provide
several forms of assistance to passengers, except for the
passengers listed above. The assistance to be provided by airlines
include; monetary compensation, re-routing, reimbursement and
provision of free care (food, shelter, transportation and access to
communication). In details, below are

Monetary Compensation for Cancelled Flight:
Where there is to be a compensation to a passenger for cancelled
flight (whether domestic or international flight), the monetary
compensation will be;
1. 25% of the passengers ticket price for all domestic flights
2. 30% of the passenger ticket price for all international
flights..
3. If a passenger is offered a re-routing to his final destination
in an alternative flight, the compensation provided above will
reduce by 50%. So, for domestic flights the compensation will be
12.5% and the arrival time of the alternative flight must not be 1
hour above the arrival time of the cancelled flight. And, for
international flights, the compensation will be 15% and the arrival
time of the alternative flight must not be 3 hours above the
arrival time of the cancelled flights.
4. Compensation (including reimbusirment/refund) to a passenger is
to be made in cash or by electronic bank transfer or bank orders or
bank cheques or, with the signed agreement of the passenger, in
travel vouchers or other services. If a voucher, the voucher must
be redeemable at all sales outlets of the airline.

Refund and Re-routing for Canceled Flight:
Where there is to be a refund or re-routing to a passenger for a
cancelled flight, (whether domestic or international flight), the
airline is to provide following options to the passenger;
1. An immediate refund in cash for domestic flight or refund within
14 days or international flights. And, the payment is to be made in
cash or by electronic bank transfer or bank orders or bank cheques
or, with the signed agreement of the passenger, in travel vouchers
or other services. A refund is the full cost of the ticket at the
price at which it was bought, for the part or parts of the journey
not made. Also, where any part of the journey has been made, there
will be a refund of the journey made including a return flight,
where the journey made is not serving any purpose in the entire
original travel plan of the passenger.
2. Re-routing to the final destination of the passenger, under a
comparable transport condition, at the earliest opportunity
3. Re-routing to the final destination of the passenger, under a
comparable transport condition at a later date, at the passenger’s
convenience, subject to availability of seats. Where an airline
offers to transport a passenger to an alternative airpot, the
airline must bear the cost of transferring the passenger to the
original desired airpot of the passenger or to another close-by
airpot with the agreement of the passenger.

Free Care for Cancelled Flights:
Where there is a cancelled flight and the passengers where not
timely informed about the cancellation, among other assistance that
the airline must provide, the airline must provide free care and
welfare. An airline is deemed not to have provide timely notice of
caneclleation of flight to passengers, where;
1. For domestic flights, there is not at least within 24 hours
before the departure time of the flight
2. For international flights, there is not at least 7 days before
the departure time of the flight. Passengers of international
flights can also be informed with 3 to 7 days before the departure
time so far as they are offered a re-routing, a re-routing that
allows not more than 2 hours earlier departure from the departure
time of the cancelled flight and to reach final destination within
not more than 4 hours from the earlier scheduled arrival time of
the cancelled flight. Also, passengers of international flights can
also be informed within less than 7 days before the departure time,
so far as they are offered a re-routing, a re-routing that allows
not more than 1 hour earlier departure from the departure time of
the cancelled flight and to reach final destination within less
than 2 hours from the earlier scheduled arrival time of the
cancelled flight.

Where there is no timely communication of cancellation
of care, the airline must provide the following care to its
passengers;
1. Free refreshment including water, soft drinks, confectionaries
or snacks;
2. A free meal,
3. A free hotel accommodation,
4. Free transportation between the hotel and the airport,
5. Free two telephone calls,SMS or e-mails.

Conclusion:
Every airline in Nigeria is mandated to inform passengers of their
rights. Every airline has an obligation to display a text urging
passengers to request for details of their rights and to issue a
written statement of rights. The text must read; “If you are denied
boarding or if your flight is cancelled or delayed for at least one
hour, ask the airline officials for a written statement of your
rights, particularly with regard to compensation and
assistance.”

Airlines are often big corporations but in the eyes of law,
there are like any other business that can sue and be sued. Where
there is a violation of right or breach of any law, the concerned
airline can be sued in court. The appropriate court to handle cases
of airline and related matters is the Federal High Court. There are
also, available administrative mechanisms within the Nigerian Civil
Aviation Authority (via its, Consumer Protection Directorate) that
can be employed to seek justice. Above all, nothing stops a
passenger from approach a court to seek justice against any
airline.

What is comepnsation

My authorities, are:

1. Sections 1, 2, 3, 4, 5, 6 and 16 of the Constitution of the
Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 27, 30, 31, 54, 61, 63, 71, 78 and 79 of the
Civil Aviation Act, 2006.
3. Sections 19.1, 19.2, 19.7, 19.8, 19.9, 19.10, 19.13, 19.14,
19.16 and 19.20 of the Consumer Protection Regulations of the
Nigeria Civil Aviation Regulations, 2015. Accessible for free via
https://ncaa.gov.ng/media/aubd0slk/ncaa-regulations-2015.pdf
4. Onyekachi Umah, “The Two (2) Rights Of Any Person Whose Local Or
International Flight Is Cancelled In Nigeria”
(LearnNigerianLaws.com, 27 November 2018) accessed 2 March
2021.
5. Onyekachi Umah, “Dangerous Flying” Is An Offence In Nigeria”
(LearnNigerianLaws.com, 21 September 2018) accessed 2 March
2021.

Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp).

To receive free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/GAEPC3mH1ik0Ghq0yvzbvv or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all our free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram: @LearnNigerianLaws, Twitter: @LearnNigeriaLaw and
YouTube: Learn Nigerian Laws

Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.

This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria.

Daily Law Tips (Tip 748) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)

Introduction:
You probable have seen several publications on compensations for
cancelled flights in Nigeria and how to access such compensation.
You should also note that there are conditions and circusmntaces
that will allow an airline not pay any compensation for cancelled
flights in Nigeria. Whether local flight or international flight,
airline operators are protected from paying any compensation for
cancelled flights under such circumstances. So, this leads to the
doctrine of “All are for cancelled flights but not all are for
Compensation”, where all passengers of cancelled flights are denied
the opportunity to fly the cancelled flight but not all passengers
of cancelled flights are entitled to compensation.

Doctrine of “All are for cancelled flights but not all
are for Compensation”:
There are several reasons that may prompt an airline to genuinely
cancel a flight. Ordinarily, once there is a cancellation of
flight, there should be a payment of compensation to customers that
have booked for such flights. After all, the customers have lost
the opportunity of buying tickets from alternative airlines at a
given cost and time and more importantly, customers must suffer
chains of direct and indirect incionveience. Well, this is the
general thinking and the definition of justice in the eyes of most
customers (especially, customers with no investment/interest in
airline business in Nigeria).

Nigerian airspace is highly regulated, like any other natural
resource (water, land, crude oil, gas, gold, plants, animals and
human beings) in Nigeria. Aside the constitution of Nigeria, the
next most important federal law in the Nigerian civil aviation
sector is the Civil Aviation (Repeal and Re-enactment) Act 2006. It
is the federal law that created and empowers all stakeholders,
regulators and participants in the civil aviation sector in
Nigeria, including the Federal Ministry of Transportation and the
Nigerian Civil Aviation Authority (NCAA).

It is the duty of the Nigerian Civil Aviation Authority (NCAA),
a federal government agency to regulate technical and safety issues
in the entire Nigerian civil aviation sector. Also, there is the
Federal Ministry of Transportation empowered to handle policies and
strategies in the Nigerian civil aviation sector. In exercising its
powers to make regulation on aviation safety and security,
commercial air transportation and other related services, the NCAA
made a regulation in 2015 (the Nigerian Civil Aviation Authority
Regulations).

Among other things, the Nigerian Civil Aviation Authority
Regulations made provisions for consumer protection issues (rights
and obligations of airlines to their customers (passengers). This
includes the right of customers to compensation for overbooking,
delayed flight, cancelled flight both for domestic and
international flights as well as for DELAYED, LOST AND DAMAGED
BAGGAGE. By the Regulations, generally, where an airline cancels
its flight, all passengers are obviously denied the opportunity to
fly the cancelled flight but not all the passengers are entitled to
compensation from the airline. This gives rise to the doctrine of
“All are for Cancelled Flights but not all are for
Compensation”

By the Nigerian Civil Aviation Authority Regulations 2015, where
an airline cancels its flight, the passengers of the cancelled are
stopped from boarding the cancelled flight but not all the
passenger of the cancelled flight are entitled to compensation from
the airline. So, this is why you (or any passenger) can’t get
compensation for cancelled flights in Nigeria, including domestic
and international flights. However, an airline must inform its
passengers of every cancellation of flight as well as offer
alternative transportation. The duty to prove that an airline sent
notice of cancelation of flight to a passenger rests on the
airline. Details or circumstances that determine passengers to be
compensated and passengers not to be compensated for their
cancelled flights are shown below.

There will be no compensation of passenger of cancelled
flight (whether local or international flight), where;
1. The passenger is traveling free of charge or at a reduced
fare/cost that is not open to the general public. This refers to
passengers that fly without any cost or at reduced cost due to
their internal relationships with the airline and not because of
any public bonanza or spacial ticket programms.
2. The passenger does not have a confirmed reservation on the
cancelled flight (may be the passenger has a mere unpaid
reservation)
3. The passenger is under a packaged tour and there is a
cancellation of the packaged tour for any other reason apart from
due to cancellation of flight by the airline.
4. The cancellation of flight by the airline was due to
extraordinary circumstances which could not have been avoided even
if all reasonable measures had been taken. Extraordinary
circumstances include mechanical, technical, operational, climatic,
socio-political or any other conditions beyond the actual control
of the airline.
5. The airline will not provide care where the airline communicated
the passenger, informing the passenger about the cancellation of
flight, at least within 24 hours before the departure time of the
flight for domestic flights and 7 days before the departure time of
the flight for international flights. Passengers of international
flights can also be informed with 3 to 7 days before the departure
time so far as they are offered a re-routing, a re-routing that
allows not more than 2 hours earlier departure from the departure
time of the cancelled flight and to reach final destination within
not more than 4 hours from the earlier scheduled arrival time of
the cancelled flight. Also, passengers of international flights can
also be informed within less than 7 days before the departure time,
so far as they are offered a re-routing, a re-routing that allows
not more than 1 hour earlier departure from the departure time of
the cancelled flight and to reach final destination within less
than 2 hours from the earlier scheduled arrival time of the
cancelled flight. The care mentioned above to be offered by the
airline are; free refreshment including water, soft drinks,
confectionaries or snacks; a free meal, a free hotel accommodation,
free transportation between the hotel and the airport, free two
telephone calls,SMS or e-mails.

By the Nigerian Civil Aviation Authority Regulations 2015, where
there is a cancellation of flight, the airline is to provide
several forms of assistance to passengers, except for the
passengers listed above. The assistance to be provided by airlines
include; monetary compensation, re-routing, reimbursement and
provision of free care (food, shelter, transportation and access to
communication). In details, below are

Monetary Compensation for Cancelled Flight:
Where there is to be a compensation to a passenger for cancelled
flight (whether domestic or international flight), the monetary
compensation will be;
1. 25% of the passengers ticket price for all domestic flights
2. 30% of the passenger ticket price for all international
flights..
3. If a passenger is offered a re-routing to his final destination
in an alternative flight, the compensation provided above will
reduce by 50%. So, for domestic flights the compensation will be
12.5% and the arrival time of the alternative flight must not be 1
hour above the arrival time of the cancelled flight. And, for
international flights, the compensation will be 15% and the arrival
time of the alternative flight must not be 3 hours above the
arrival time of the cancelled flights.
4. Compensation (including reimbusirment/refund) to a passenger is
to be made in cash or by electronic bank transfer or bank orders or
bank cheques or, with the signed agreement of the passenger, in
travel vouchers or other services. If a voucher, the voucher must
be redeemable at all sales outlets of the airline.

Refund and Re-routing for Canceled Flight:
Where there is to be a refund or re-routing to a passenger for a
cancelled flight, (whether domestic or international flight), the
airline is to provide following options to the passenger;
1. An immediate refund in cash for domestic flight or refund within
14 days or international flights. And, the payment is to be made in
cash or by electronic bank transfer or bank orders or bank cheques
or, with the signed agreement of the passenger, in travel vouchers
or other services. A refund is the full cost of the ticket at the
price at which it was bought, for the part or parts of the journey
not made. Also, where any part of the journey has been made, there
will be a refund of the journey made including a return flight,
where the journey made is not serving any purpose in the entire
original travel plan of the passenger.
2. Re-routing to the final destination of the passenger, under a
comparable transport condition, at the earliest opportunity
3. Re-routing to the final destination of the passenger, under a
comparable transport condition at a later date, at the passenger’s
convenience, subject to availability of seats. Where an airline
offers to transport a passenger to an alternative airpot, the
airline must bear the cost of transferring the passenger to the
original desired airpot of the passenger or to another close-by
airpot with the agreement of the passenger.

Free Care for Cancelled Flights:
Where there is a cancelled flight and the passengers where not
timely informed about the cancellation, among other assistance that
the airline must provide, the airline must provide free care and
welfare. An airline is deemed not to have provide timely notice of
caneclleation of flight to passengers, where;
1. For domestic flights, there is not at least within 24 hours
before the departure time of the flight
2. For international flights, there is not at least 7 days before
the departure time of the flight. Passengers of international
flights can also be informed with 3 to 7 days before the departure
time so far as they are offered a re-routing, a re-routing that
allows not more than 2 hours earlier departure from the departure
time of the cancelled flight and to reach final destination within
not more than 4 hours from the earlier scheduled arrival time of
the cancelled flight. Also, passengers of international flights can
also be informed within less than 7 days before the departure time,
so far as they are offered a re-routing, a re-routing that allows
not more than 1 hour earlier departure from the departure time of
the cancelled flight and to reach final destination within less
than 2 hours from the earlier scheduled arrival time of the
cancelled flight.

Where there is no timely communication of cancellation
of care, the airline must provide the following care to its
passengers;
1. Free refreshment including water, soft drinks, confectionaries
or snacks;
2. A free meal,
3. A free hotel accommodation,
4. Free transportation between the hotel and the airport,
5. Free two telephone calls,SMS or e-mails.

Conclusion:
Every airline in Nigeria is mandated to inform passengers of their
rights. Every airline has an obligation to display a text urging
passengers to request for details of their rights and to issue a
written statement of rights. The text must read; “If you are denied
boarding or if your flight is cancelled or delayed for at least one
hour, ask the airline officials for a written statement of your
rights, particularly with regard to compensation and
assistance.”

Airlines are often big corporations but in the eyes of law,
there are like any other business that can sue and be sued. Where
there is a violation of right or breach of any law, the concerned
airline can be sued in court. The appropriate court to handle cases
of airline and related matters is the Federal High Court. There are
also, available administrative mechanisms within the Nigerian Civil
Aviation Authority (via its, Consumer Protection Directorate) that
can be employed to seek justice. Above all, nothing stops a
passenger from approach a court to seek justice against any
airline.

What is comepnsation

My authorities, are:

1. Sections 1, 2, 3, 4, 5, 6 and 16 of the Constitution of the
Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 27, 30, 31, 54, 61, 63, 71, 78 and 79 of the
Civil Aviation Act, 2006.
3. Sections 19.1, 19.2, 19.7, 19.8, 19.9, 19.10, 19.13, 19.14,
19.16 and 19.20 of the Consumer Protection Regulations of the
Nigeria Civil Aviation Regulations, 2015. Accessible for free via
https://ncaa.gov.ng/media/aubd0slk/ncaa-regulations-2015.pdf
4. Onyekachi Umah, “The Two (2) Rights Of Any Person Whose Local Or
International Flight Is Cancelled In Nigeria”
(LearnNigerianLaws.com, 27 November 2018) accessed 2 March
2021.
5. Onyekachi Umah, “Dangerous Flying” Is An Offence In Nigeria”
(LearnNigerianLaws.com, 21 September 2018) accessed 2 March
2021.

Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp).

To receive free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/GAEPC3mH1ik0Ghq0yvzbvv or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all our free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram: @LearnNigerianLaws, Twitter: @LearnNigeriaLaw and
YouTube: Learn Nigerian Laws

Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.

This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria.