Daily Law Tips (Tip 754) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
![image](/2021/03/sjk.jpg")
Introduction:
Although there are laws in Nigeria, many affairs are often lawless.
Big corporations (including, commercial airlines) purposely violate
federal and state laws/regulations, after all, “nothing go happen”
(there will be no consequences). For instance, a federal regulation
mandates all airlines to immediately refund with interest the
flight fares of passengers of any cancelled flight. In reality that
will not happen without force or fraud.
![image](/2021/01/payne-alex.jpg")
Surprisingly, some airlines (including, Aero Contractors) have
written policies that their refunds will take 14 to 28 working
days, contrary to the Regulations of Nigerian Civil Aviation
Authority (NCAA). This work reveals the mandatory deadline for
refund of all air fares where there is a cancellation of flight
(domestic or international flight) by a commercial airline.
Airlines, Refunds and Passengers:
The Nigerian Civil Aviation Authority (NCAA) is a federal agency
that has powers to regulate all commercial airlines in Nigeria and
as such, makes necessary regulations. The NCAA has the Nigerian
Civil Aviation Authority Regulations 2015, which made provisions
for consumer protection issues (rights and obligations of airlines
to their customers (passengers). This includes the rights 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.
Airlines provide air transportation to passengers. Passengers
pay airline for air transportation. Nigerian Civil Aviation
Authority is a federal regulator that ensures airlines maintain
standard and recommended practices for commercial airlines.
Logically and even morally, where a service provider fails to
provide services, such service provider must refund any payment
received for such uncompleted/unperfected service. In line with
this, NCAA’ Regulations mandates all airlines to refund air fares
to passengers of cancelled flights. The NCAA Regulation also
mentioned a compulsory time for such refunds. The regulation
mandates airlines to make immediate refund in cash for domestic
flight and a refund within 14 days for international flights.
Conclusion:
The Nigerian Civil Aviation Authority (NCAA) is a regulator of all
commercial airlines and has a 2015 federal Regulation that mandates
all airlines to make refunds of air fares to passengers where there
is a cancellation of flight by the airline. For domestic flights,
the refund must be immediate and for international flights the
refund must be within 14 days. Also, the refund must be full and no
deduction is to be made by the airline.
The practice where commercial airlines in Nigeria, like “Aero
Contract”, force domestic flight passengers to wait for 14 to 28
working days before receiving refunds of fares of cancelled flight
is unlawful. Such internal policies are clear violation of the
Nigerian Civil Aviation Authority Regulations 2015. The policy of a
company cannot surpass the provisions of a regulation or law. Where
there is an inconsistency between a business policy and a
law/regulation, the business policy is invalid and unlawful. The
“Cash Ticket Refund request Form” of Aero Contractor stating that
passengers are to wait for 14 working days for a refund can be
accessed via <http://www.flyaero.com/refund/ticket-refund-form.pdf[1]>.
Passengers are to be protected from commercial airlines that
hold on to air fares for cancelled flights. Passengers should seek
for refund as well as damages for any delayed refund. Commercial
airlines should not be allowed to unlawfully detain and trade with
the funds of aggrieved passengers. Aside administrative processes
for remedies, passengers may approach the Federal High Court to
seek refund, compensation, damages and any other reliefs.
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. Aero Contractors, “Cash Ticket Refund request Form”
(Aerocontractor) <http://www.flyaero.com/refund/ticket-refund-form.pdf[2]> accessed 10 March
2021.
5. Onyekachi Umah, “Why You Can’t Get Compensation for Cancelled
Flights” (LearnNigerianLaws.com, 3 March 2021) <https://learnnigerianlaws.com/why-you-cant-get-compensation-for-cancelled-flights/[3]> accessed 10 March
2021.
6. Onyekachi Umah, “The Two (2) Rights Of Any Person Whose Local Or
International Flight Is Cancelled In Nigeria”
(LearnNigerianLaws.com, 27 November 2018) <https://learnnigerianlaws.com/the-two-2-rights-of-any-person-whose-local-or-international-flight-is-cancelled-in-nigeria/[4]> accessed 2 March
2021.
7. Onyekachi Umah, “Dangerous Flying” Is An Offence In Nigeria”
(LearnNigerianLaws.com, 21 September 2018) <https://learnnigerianlaws.com/dangerous-flying-is-an-offence-in-nigeria/[5]> 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/DgFYxiYw6Mm8MdvOl3N1yn 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 754) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
Introduction:
Although there are laws in Nigeria, many affairs are often lawless.
Big corporations (including, commercial airlines) purposely violate
federal and state laws/regulations, after all, “nothing go happen”
(there will be no consequences). For instance, a federal regulation
mandates all airlines to immediately refund with interest the
flight fares of passengers of any cancelled flight. In reality that
will not happen without force or fraud.
Surprisingly, some airlines (including, Aero Contractors) have
written policies that their refunds will take 14 to 28 working
days, contrary to the Regulations of Nigerian Civil Aviation
Authority (NCAA). This work reveals the mandatory deadline for
refund of all air fares where there is a cancellation of flight
(domestic or international flight) by a commercial airline.
Airlines, Refunds and Passengers:
The Nigerian Civil Aviation Authority (NCAA) is a federal agency
that has powers to regulate all commercial airlines in Nigeria and
as such, makes necessary regulations. The NCAA has the Nigerian
Civil Aviation Authority Regulations 2015, which made provisions
for consumer protection issues (rights and obligations of airlines
to their customers (passengers). This includes the rights 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.
Airlines provide air transportation to passengers. Passengers
pay airline for air transportation. Nigerian Civil Aviation
Authority is a federal regulator that ensures airlines maintain
standard and recommended practices for commercial airlines.
Logically and even morally, where a service provider fails to
provide services, such service provider must refund any payment
received for such uncompleted/unperfected service. In line with
this, NCAA’ Regulations mandates all airlines to refund air fares
to passengers of cancelled flights. The NCAA Regulation also
mentioned a compulsory time for such refunds. The regulation
mandates airlines to make immediate refund in cash for domestic
flight and a refund within 14 days for international flights.
Conclusion:
The Nigerian Civil Aviation Authority (NCAA) is a regulator of all
commercial airlines and has a 2015 federal Regulation that mandates
all airlines to make refunds of air fares to passengers where there
is a cancellation of flight by the airline. For domestic flights,
the refund must be immediate and for international flights the
refund must be within 14 days. Also, the refund must be full and no
deduction is to be made by the airline.
The practice where commercial airlines in Nigeria, like “Aero
Contract”, force domestic flight passengers to wait for 14 to 28
working days before receiving refunds of fares of cancelled flight
is unlawful. Such internal policies are clear violation of the
Nigerian Civil Aviation Authority Regulations 2015. The policy of a
company cannot surpass the provisions of a regulation or law. Where
there is an inconsistency between a business policy and a
law/regulation, the business policy is invalid and unlawful. The
“Cash Ticket Refund request Form” of Aero Contractor stating that
passengers are to wait for 14 working days for a refund can be
accessed via <http://www.flyaero.com/refund/ticket-refund-form.pdf[1]>.
Passengers are to be protected from commercial airlines that
hold on to air fares for cancelled flights. Passengers should seek
for refund as well as damages for any delayed refund. Commercial
airlines should not be allowed to unlawfully detain and trade with
the funds of aggrieved passengers. Aside administrative processes
for remedies, passengers may approach the Federal High Court to
seek refund, compensation, damages and any other reliefs.
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. Aero Contractors, “Cash Ticket Refund request Form”
(Aerocontractor) <http://www.flyaero.com/refund/ticket-refund-form.pdf[2]> accessed 10 March
2021.
5. Onyekachi Umah, “Why You Can’t Get Compensation for Cancelled
Flights” (LearnNigerianLaws.com, 3 March 2021) <https://learnnigerianlaws.com/why-you-cant-get-compensation-for-cancelled-flights/[3]> accessed 10 March
2021.
6. Onyekachi Umah, “The Two (2) Rights Of Any Person Whose Local Or
International Flight Is Cancelled In Nigeria”
(LearnNigerianLaws.com, 27 November 2018) <https://learnnigerianlaws.com/the-two-2-rights-of-any-person-whose-local-or-international-flight-is-cancelled-in-nigeria/[4]> accessed 2 March
2021.
7. Onyekachi Umah, “Dangerous Flying” Is An Offence In Nigeria”
(LearnNigerianLaws.com, 21 September 2018) <https://learnnigerianlaws.com/dangerous-flying-is-an-offence-in-nigeria/[5]> 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/DgFYxiYw6Mm8MdvOl3N1yn 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.
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