Daily Law Tips (Tip 769) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
![image](/2020/10/lawreport.jpg")
Introduction:
There can be cancelled flights for many reasons. For every time
there is a cancelled flight, passengers of such flight (domestic or
international) suffer different forms of hardship. Airlines
operators that cancel flights are by law mandated to refund
passengers’ air fares. Delay in sending notice of cancellation of
flight as well as a late cancellation of flight may cause airlines
more than refunds, and force airlines to provide some free care to
passengers. The free care ranges from free snacks, free meals, free
accommodation to free calls, depending on the level of hardship
caused by the airline.
![image](/2021/04/lawp.jpg")
However, to ensure standard and recommended practices and
maximum compliance, the Nigerian Civil Aviation Authority (NCAA)
has not left free care to the discretion of airline operators.
Rather the “NCAA” has in its; the Nigeria Civil Aviation Authority
Regulations 2015, defined and established the compulsory free care
that airline operators must provide for passengers of cancelled
flights (domestic or international). The compulsory free care must
be provided where there is a delay in communicating cancellation of
flight or a late cancellation of flight.
Notice of Cancellation, Passengers and Care:
NCAA is the federal regulator for all commercial airline operators
and their staff. It regulates all local and foreign commercial
airline operators in Nigeria. In 2015, the NCAA made the Nigeria
Civil Aviation Authority Regulations 2015 while relying under its
powers contained in a federal law (the Civil Aviation Act, 2006).
Part 19 of the Nigeria Civil Aviation Authority Regulations 2015,
focuses on consumer protection; providing redress for common
passengers’ complaints, including; overbooking, delayed flight,
cancelled flight both for domestic and international flights as
well as for delayed, lost and damaged baggage.
According to the Nigeria Civil Aviation Authority
Regulations 2015, where there is a cancelled flight and the
passengers were not timely informed about the cancellation, the
airline must provide free care to its passengers,
including;
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.
An airline is deemed not to have provided timely notice of
cancellation 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.
Conclusion:
Aside the refund of air fares or rerouting of passengers, where
there is a late cancellation of flight or delay in communication of
cancellation of flight, the airline must provide some free care to
passengers. The law will never allow a wrong to pass without a
remedy. The hardship caused on passengers by airlines are to be
resolved by the airlines. The free care to be provided by airlines
are mandatory having been made by a federal law (the Nigeria Civil
Aviation Authority Regulations 2015) and as such comes with serious
punishment for any airline or its staff that breaches the law.
Generally, the maximum punishment for an airline is N5,
000,000.00, the moderate is N2,000,000.00 and the minimum is
N500,000.00. The maximum punishment for staff of an airline is
N200,000.00, the moderate is N100,000.00 and the minimum is
N50,000.00. The punishment for any airline that fails to obey the
directives of Nigeria Civil Aviation Authority (NCAA), or to
investigate any case of passenger on compensation, is moderate
penalty of N2,000,000.00 or suspension of license. Where there is a
cancellation of flight, the sanction for failure to render
assistance is from moderate to maximum civil penalty. And failure
to process ticket refund within time is also punishable with refund
of the ticket and an additional 5% of the ticket value.
The NCAA may not often know when an airline breaches the
Nigerian Civil Aviation Authority Regulations 2015, fails to refund
fares or to provide care to a passenger. Hence, it is the duty of
an aggrieved passenger to make complaints to the NCAA or to engage
the services of a lawyer and approach a court. Sending complaints
to the NCAA does not prevent an aggrieved passenger from filling a
case in a court. The appropriate court here, is the Federal High
Court.
My authorities, are:
1. Sections 1, 2, 3, 4, 5 and 6 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 1.1.1.2, 1.3.3.1, 1.3.3.2, 19.1, 19.2, 19.7, 19.8,
19.9, 19.10, 19.13, 19.14, 19.16 and 19.20 (Parts 1 and 19) of the
Nigeria Civil Aviation Regulations, 2015. Accessible for free via
https://learnnigerianlaws.com/wp-content/uploads/2021/03/NCAA-Regulations-2015.pdf
4. Table 1- Table of Civil Penalties of the Nigeria Civil Aviation
Regulations, 2015.
5. Sanctions VII, Para 5, 10 and 11 of Table 2- Recommended (Part
1) of the Nigeria Civil Aviation Regulations, 2015.
6. Onyekachi Umah, Compensation for Cancelled Flights (Domestic &
International) (LearnNigerianLaws.com, 24 March 2021) <https://learnnigerianlaws.com/compensation-for-cancelled-flights-domestic-international/[1]> accessed 6 April
2021.
7. Onyekachi Umah, “Unlawful Refund Policy and Practice of
“Aero Contractor” Airline” (LearnNigerianLaws.com, 15 March 2021)
<https://learnnigerianlaws.com/unlawful-refund-policy-and-practice-of-aero-contractor-airline/[2]> accessed 6 April
2021.
8. Onyekachi Umah, “Deadline for Refunds for Cancelled Flights”
(LearnNigerianLaws.com, 11 March 2021)
<https://learnnigerianlaws.com/deadline-for-refunds-for-cancelled-flights/>
accessed 6 April 2021.
9. ”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 6 April
2021.
10. 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 6 April
2021.
11. 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 6 April
2021.
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#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/L7h4f1exItZ38FeuhXG4WN or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
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(https://www.facebook.com/groups/129824937650907/?ref=share)
or visit our website: (www.LearnNigerianLaws.com)
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. For sponsorship and partnership,
contact: sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or
+234 903 913 1200.
Daily Law Tips (Tip 769) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
Introduction:
There can be cancelled flights for many reasons. For every time
there is a cancelled flight, passengers of such flight (domestic or
international) suffer different forms of hardship. Airlines
operators that cancel flights are by law mandated to refund
passengers’ air fares. Delay in sending notice of cancellation of
flight as well as a late cancellation of flight may cause airlines
more than refunds, and force airlines to provide some free care to
passengers. The free care ranges from free snacks, free meals, free
accommodation to free calls, depending on the level of hardship
caused by the airline.
However, to ensure standard and recommended practices and
maximum compliance, the Nigerian Civil Aviation Authority (NCAA)
has not left free care to the discretion of airline operators.
Rather the “NCAA” has in its; the Nigeria Civil Aviation Authority
Regulations 2015, defined and established the compulsory free care
that airline operators must provide for passengers of cancelled
flights (domestic or international). The compulsory free care must
be provided where there is a delay in communicating cancellation of
flight or a late cancellation of flight.
Notice of Cancellation, Passengers and Care:
NCAA is the federal regulator for all commercial airline operators
and their staff. It regulates all local and foreign commercial
airline operators in Nigeria. In 2015, the NCAA made the Nigeria
Civil Aviation Authority Regulations 2015 while relying under its
powers contained in a federal law (the Civil Aviation Act, 2006).
Part 19 of the Nigeria Civil Aviation Authority Regulations 2015,
focuses on consumer protection; providing redress for common
passengers’ complaints, including; overbooking, delayed flight,
cancelled flight both for domestic and international flights as
well as for delayed, lost and damaged baggage.
According to the Nigeria Civil Aviation Authority
Regulations 2015, where there is a cancelled flight and the
passengers were not timely informed about the cancellation, the
airline must provide free care to its passengers,
including;
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.
An airline is deemed not to have provided timely notice of
cancellation 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.
Conclusion:
Aside the refund of air fares or rerouting of passengers, where
there is a late cancellation of flight or delay in communication of
cancellation of flight, the airline must provide some free care to
passengers. The law will never allow a wrong to pass without a
remedy. The hardship caused on passengers by airlines are to be
resolved by the airlines. The free care to be provided by airlines
are mandatory having been made by a federal law (the Nigeria Civil
Aviation Authority Regulations 2015) and as such comes with serious
punishment for any airline or its staff that breaches the law.
Generally, the maximum punishment for an airline is N5,
000,000.00, the moderate is N2,000,000.00 and the minimum is
N500,000.00. The maximum punishment for staff of an airline is
N200,000.00, the moderate is N100,000.00 and the minimum is
N50,000.00. The punishment for any airline that fails to obey the
directives of Nigeria Civil Aviation Authority (NCAA), or to
investigate any case of passenger on compensation, is moderate
penalty of N2,000,000.00 or suspension of license. Where there is a
cancellation of flight, the sanction for failure to render
assistance is from moderate to maximum civil penalty. And failure
to process ticket refund within time is also punishable with refund
of the ticket and an additional 5% of the ticket value.
The NCAA may not often know when an airline breaches the
Nigerian Civil Aviation Authority Regulations 2015, fails to refund
fares or to provide care to a passenger. Hence, it is the duty of
an aggrieved passenger to make complaints to the NCAA or to engage
the services of a lawyer and approach a court. Sending complaints
to the NCAA does not prevent an aggrieved passenger from filling a
case in a court. The appropriate court here, is the Federal High
Court.
My authorities, are:
1. Sections 1, 2, 3, 4, 5 and 6 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 1.1.1.2, 1.3.3.1, 1.3.3.2, 19.1, 19.2, 19.7, 19.8,
19.9, 19.10, 19.13, 19.14, 19.16 and 19.20 (Parts 1 and 19) of the
Nigeria Civil Aviation Regulations, 2015. Accessible for free via
https://learnnigerianlaws.com/wp-content/uploads/2021/03/NCAA-Regulations-2015.pdf
4. Table 1- Table of Civil Penalties of the Nigeria Civil Aviation
Regulations, 2015.
5. Sanctions VII, Para 5, 10 and 11 of Table 2- Recommended (Part
1) of the Nigeria Civil Aviation Regulations, 2015.
6. Onyekachi Umah, Compensation for Cancelled Flights (Domestic &
International) (LearnNigerianLaws.com, 24 March 2021) <https://learnnigerianlaws.com/compensation-for-cancelled-flights-domestic-international/[1]> accessed 6 April
2021.
7. Onyekachi Umah, “Unlawful Refund Policy and Practice of
“Aero Contractor” Airline” (LearnNigerianLaws.com, 15 March 2021)
<https://learnnigerianlaws.com/unlawful-refund-policy-and-practice-of-aero-contractor-airline/[2]> accessed 6 April
2021.
8. Onyekachi Umah, “Deadline for Refunds for Cancelled Flights”
(LearnNigerianLaws.com, 11 March 2021)
<https://learnnigerianlaws.com/deadline-for-refunds-for-cancelled-flights/>
accessed 6 April 2021.
9. ”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 6 April
2021.
10. 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 6 April
2021.
11. 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 6 April
2021.
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#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/L7h4f1exItZ38FeuhXG4WN or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram:@LearnNigerianLaws,
Twitter: @LearnNigeriaLaw,
YouTube: Learn Nigerian Laws,
WhatsApp Groups via
(https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN),
Telegram Group: (https://t.me/LearnNigerianLaws),
Facebook group:
(https://www.facebook.com/groups/129824937650907/?ref=share)
or visit our website: (www.LearnNigerianLaws.com)
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. For sponsorship and partnership,
contact: sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or
+234 903 913 1200.