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Consumer protection and liability

Airfares

Are airfares regulated in your jurisdiction?

Airfares are not regulated in the Bahamas.

Passenger protection

What rules and liabilities are air carriers subject to in respect of:

(a) Flight delays and cancellations?

Liability for flight delays for non-international journeys is governed by the Carriage by Air (Non-International Carriage) (Colonies, Protectorates and Trust Territories) Order 1953. Flight delays in respect of international journeys are governed by the Carriage by Air (Colonies, Protectorates and Trust Territories) Order 1953. For international journeys, certain provisions of the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air 1929 (as annexed to the relevant order) apply. Flight delays and cancellations may also be subject to determination on the basis of contractual arrangements between the airline and the passenger.    

(b) Oversold flights?

No special rules govern oversold flights. Passenger rights are determined on the basis of contractual arrangements between the airline and the passenger.

(c) Denied boarding?

No special rules govern incidents of denied boarding. Passenger rights are determined on the basis of contractual arrangements between the airline and the passenger.

(d) Access for disabled passengers?

No special rules govern aircraft access for disabled passengers.

(e) Lost, damaged or destroyed luggage?

Liability for lost damaged or destroyed luggage for non-international journeys is governed by the Carriage by Air (Non-International Carriage) (Colonies, Protectorates and Trust Territories) Order. Liability for lost damaged or destroyed luggage in respect of international journeys is governed by the Carriage by Air (Colonies, Protectorates and Trust Territories) Order. For international journeys, certain provisions of the Warsaw Convention (as annexed to the relevant order) apply. Liability for lost damaged or destroyed luggage may also be subject to determination on the basis of contractual arrangements between the airline and the passenger.

(f) Retention and protection of passenger data?

Retention and protection of passenger data is governed by the Data Protection (Privacy of Personal Information) Act. The act was established to protect the privacy of individuals in relation to personal data and to regulate the collection, processing, keeping, use and disclosure of certain information relating to individuals.

Cargo

What rules and liabilities apply to the air carriage of cargo?

Rules and liabilities for the air carriage of cargo are governed by the Carriage by Air (Non-International Carriage) (Colonies, Protectorates and Trust Territories) Order in respect of non-international carriage and the Carriage by Air (Colonies, Protectorates and Trust Territories) Order in respect of international carriage.

Marketing and advertising

Do any special rules apply to the marketing and advertising of aviation services?

No special rules apply to the marketing and advertising of aviation services.

Complaints handling

Do any special rules apply to consumer complaints handling in the aviation industry?

The provisions of the Carriage by Air (Colonies, Protectorates and Trust Territories) Order for international carriage apply to complaints regarding the delivery of luggage or goods. The applicable rules for non-international journeys are contained in the Carriage by Air (Non-International Carriage) (Colonies, Protectorates and Trust Territories) Order. 

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