AIR PASSENGERS RIGHTS -IATA

I watched a video on Stella Dimoko’s blog on how passengers flying ARIK from Lagos to New York were locked inside the hot plane and did not take off, it was gathered that the plane was so hot that parents had to strip their children half naked so as to prevent them from suffocating.

The first question that came to my mind was if air passengers have any right recognised under law because we never can tell who the next victim would be.

The Trade Association of all airline around the world with over 240 members and about 84% of total air traffic is IATA International Air Transport Association, these body is responsible for code of conduct that guide the airline operators in which Arik is one.

At the 69th Annual General meeting of IATA a bill was passed as consumer's right and has since came into force.These rights are......

passenger rights legislation should allow airlines the ability to differentiate themselves through individual customer service offerings, thereby giving consumers the freedom to choose an airline that corresponds with their desired price and service standards.

Governments should consider acknowledging voluntary industry commitments; government regulations should form the “lowest common denominator” and market forces should be allowed to determine additional standards of service levels. 

Passengers should have access to information  on their legal and contractual rights and clear guidance on which regime applies in their specific situation;

Passengers should have clear, transparent access to the following information: o  fare information, including taxes and charges, prior to purchasing a ticket; o  The airline actually operating the flight in case of a codeshare service;

 Airlines should employ their best efforts to keep passengers regularly informed in the event of a service disruption; 

Airlines will establish and maintain efficient complaint handling procedures that are clearly communicated to passengers;

 Airlines should assist passengers with reduced mobility in a manner compatible with the relevant safety regulations and operational considerations;

 Passenger entitlements enshrined in regulations should reflect the principle of proportionality and the impact of extraordinary circumstances; o There should be no compromise between safety and passenger rights protection  Safety-related delays or cancellations, such as those resulting from technical issues with an aircraft,  should always be considered as extraordinary circumstances such as to exonerate air carriers from liability for such delays and cancellations; o The industry recognizes the right to re-routing, refunds or compensation in cases of denied boarding and cancellations, where circumstances are within the carrier’s control;   The industry recognizes the right to re-routing, refunds or care and assistance to passengers affected by delays where circumstances are within the carrier’s control; o In cases where delays or disruptions are outside an airline’s control, governments should allow market forces to determine the care and assistance available to passengers; o The responsibilities imposed by the regulator, related to both care and assistance as well as compensation, must be fairly and clearly allocated between the different service providers involved and should not impact on the contractual freedom of all service providers.   Passengers should be treated comparably across transport modes, taking into account the particularities of each;Legislation should be clear and unambiguous

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL