Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.    

Consumer protection and liability

Airfares

Are airfares regulated in your jurisdiction?

No.

Passenger protection

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

(a) Flight delays and cancellations?

Air carriers are subject to no specific provisions in relation to passenger protection. However, they are governed in general terms by the Consumer Protection Act, which applies to all industries – including aviation. The aviation industry is in the process of drafting an Industry Code of Conduct in regard to the Consumer Protection Act, which will govern in detail the rights of passengers in respect of air carriers.

(b) Oversold flights?

See “(a) Flight delays and cancellations?”.

(c) Denied boarding?

See “(a) Flight delays and cancellations?”.

(d) Access for disabled passengers?

See (a) Flight delays and cancellations?”.

(e) Lost, damaged or destroyed luggage?

See (a) Flight delays and cancellations?”.

(f) Retention and protection of passenger data?

The Protection of Personal Information Act, which has yet to come into effect, will cover the retention and protection of passenger data comprehensively.

Cargo

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

Part 108 of the Civil Aviation Regulations (Air Cargo Security) governs the air carriage of cargo and states, among other things, that air carriers cannot carry unknown cargo and that cargo must be screened by a regulated agent.

Marketing and advertising

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

No.

Complaints handling

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

As stated above, air carriers are subject to no specific provisions in relation to passenger protection. However, they are governed in general terms by the Consumer Protection Act, which applies to all industries – including aviation. The aviation industry is in the process of drafting an Industry Code of Conduct in regard to the Consumer Protection Act, which will govern in detail the rights of passengers in respect of air carriers.

Click here to view the full article.