What do Nigerian airlines owe you when they cancel or delay your flight? A Neusroom Explainer
Nicholas Osuchukwu, an affiliate marketer and crypto expert, missed an opportunity of securing a business deal when his flight from Owerri to Lagos was delayed by over six hours.
He told Neusroom he had moved his trip to Lagos forward by two days when the agent he was acquiring a property from insisted they must meet on March 2, 2021, by 4 pm.
At 10: 00 am, he was already at the Sam Mbakwe International Cargo Airport, Owerri, after a 30-minute drive from his house.
“My flight was scheduled for 11:05 am. During check-in, we weren’t informed that our flight was to be delayed. It was when we started complaining around 12 pm that a staff told us that there were technical issues. It wasn’t my first time of being delayed at the airport, but this particular experience was frustrating. I missed buying that property because the agent must have concluded that I wasn’t serious,” Osuchukwu told neusroom.
Nicholas is one of the thousands of Nigerian air passengers constantly experiencing increased delays and cancellations of flights.
The experience is not peculiar to ordinary Nigerians. In September 2021, some members of the Nigerian House of Representatives travelling to Abuja for an official duty were delayed at the Kano International Airport. Their flight was scheduled to take off at 12: 30 pm but was shifted to 2:30 pm and then to 6 pm and was again moved to 9:45 pm. The lawmakers didn’t board until 12:15 am the next day.
Data recently released by the Nigerian Civil Aviation Authority, NCAA, shows that in 2021, a total of 74,537 flights were operated on domestic routes, while 9,675 flights were operated on international routes.
The report shows that 41,328 flights on domestic routes were cancelled.
In 2021, Air Peace was the most used airline, having a total number of 17,861 flights, out of which 9,908 were delayed, representing 55% of such flights.
Amidst increasing flight delays and cancellations by domestic airlines, a lot of Nigerians are not aware that if their flight is delayed or cancelled, they may be entitled to compensation. Here’s what the law says.
What Are Your Rights As An Air User?
Legal practitioners at Solola & Akpana, one of Nigeria’s leading commercial law firms, told Neusroom that the Nigerian Civil Aviation Authority Consumer Protection Regulation makes provisions for aviation-related matters, including the delay and cancellation of domestic flights within Nigeria.
The law firm noted that “where there is a flight delay or flight cancellation without the requisite notice, part 19.8 of the regulation provides at least 25 per cent of the fare or passenger ticket for domestic flights.”
Solona & Akpana told Neusroom that the airline has to “inform its passengers of their rights and ensure that at check-in, a legible notice containing a text notifying the passengers of their rights in the event of a cancelled flight, particularly regarding compensation and assistance is given.”
Neusroom also spoke with an Intellectual Property and Technology Lawyer, Rita Anwiri Chindah, who has been a victim of delayed and cancelled flights, and she listed some of the rights of air users when their flights are delayed:
She said: “For domestic flights, when an operating carrier reasonably expects a flight to be delayed beyond its scheduled time of departure, it shall provide the passenger immediately after an hour with;
1) Refreshments including water, soft drink, confectioneries or snacks,
2) A meal and,
3) Right to two telephone calls, SMS or email free of charge.”
While this is expected of the air carriers by law, Rita pointed out that what the airlines often do is “just apologise” for the inconveniences.
She explained that in her case, while her flight was moved to a later time, without requisite notice, she was apologised to when she complained to the airline’s management.
What Are The Reasons For Delays And Cancellations?
In a recent interview, Allen Onyenma, the Chairman of Air Peace, cited weather, technical issues etc., as one of the many reasons an airline can delay or cancel flights.
“No airline wants to delay or cancel flights; it’s more expensive to do that. No airline wants to delay flights; it is not in their best interest, but as a result of safety, flights may be cancelled or rescheduled. It is for the safety of the passengers and the equipment.”
What Is the Government Doing About It?
We sent messages to Babatunde Irukera, Chairman of the Federal Competition and Consumer Protection Commission, asking how the commission is engaging relevant agencies, including the NCAA, to protect the rights of air users. He’s yet to respond.
However, Solona and Akpana noted that the bill being considered by the National Assembly that will authorise international airlines to fly domestic flights would put the domestic airlines through competition. This, the firm believes, “may improve the quality of the aviation services whilst checking unnecessary hikes.”
What To Do When Your Right as an Air User is Violated?
“There seems to be a general dearth of knowledge on this topic.” Solola & Akpana told Neusroom. This is believed to be the reason why many air passengers do not take action when their flights are delayed or cancelled indiscriminately.
Nicholas Osuchukwu mentioned earlier also told Neusroom that he is unaware of the NCAA’s Consumer Protection Regulation.
The Solola & Akpana law firm detailed specific steps individuals can take to ensure justice when their rights as air users are violated;
1) A passenger who intends to claim compensation should compile every relevant documentation regarding the flight together with a claim letter detailing the experience with the airline the inconveniences caused, and then contact the airline.
2) A passenger may make a complaint with the aviation authority against an airline in relation to the breach of his or her rights as provided in the Regulations by filling and submitting a complaint form(available online and at all airports).
However, the firm noted that the reason why there is a reluctance in pursuing aviation-related compensation could be due to the lengthy process involved in claiming compensation.
