Airport and airline operations perspectives: Aviation consumer rights and protection
DOUGLAS NYEKETE
[RPAcc, MBA, ACIS, BCom Acc, PDME]
Zimbabwe became the 191st member state of the International Civil Aviation Organization (ICAO) on 10 November 2011.
In 2024, the country further aligned with global aviation norms by acceding to the Montreal Convention. ICAO, a specialized agency of the United Nations, sets global standards and regulations to ensure aviation safety, security, efficiency, and environmental responsibility.
Although ICAO itself does not provide a detailed consumer rights framework, the Montreal Convention comprehensively addresses passengers’ rights and liabilities in international air transport. This global treaty strengthens protections for air travelers, aiming to ensure safe, fair, and reliable air transport experiences.
As Zimbabwe joins this important international framework, airport authorities and airline operators are now expected to be well-versed in the consumer rights and obligations enshrined in the Montreal Convention. National laws and operational policies must be reviewed and updated to align with these global standards. This article examines the risks and liabilities related to breaches of consumer rights in aviation, guided by the provisions of the Montreal Convention.
Understanding liability in air transport
Liability in air transport arises when airlines or airport operators fail to fulfill essential responsibilities. For airports, these include the facilitation of passengers and cargo, as well as coordination of airline handling in accordance with ICAO Annex 9 and related regulations. Airlines are principally obligated to safely transport passengers from point A to point B.
Both airport and airline operations are exposed to risks such as passenger injury or death, damage or loss of baggage and cargo, and flight delays or cancellations. These events may lead to legal claims and financial liability.
Overview of the montreal convention
The Montreal Convention, officially titled the Convention for the Unification of Certain Rules for International Carriage by Air, was adopted in 1999 to update and modernize the Warsaw Convention of 1929. It standardizes airline liability rules in cases of death, injury, delay, and baggage or cargo damage on international flights. While it primarily applies to international journeys, some jurisdictions, such as the European Union, have extended its protections to domestic flights.
Compensation for death or injury
Under the Montreal Convention, airlines are strictly liable for up to 128,821 Special Drawing Rights (SDRs) for the death or injury of passengers occurring during an international flight or while boarding or disembarking. This liability applies regardless of fault.
If fault is proven, additional compensation above this threshold may be claimed. Depending on exchange rates, one SDR may equal approximately USD 1.34, translating to potential compensation exceeding USD 170,000 per passenger.
Delays and Cancellations
Airlines are liable for damages caused by flight delays unless they can demonstrate that all reasonable measures were taken to avoid them, or that such measures were impossible. Passengers are entitled to claim compensation based on the length of the delay and its impact.
In cases of flight cancellations, passengers are entitled to either a full refund or re-routing to their final destination. Airlines must also offer care services such as meals, accommodation, and communication assistance, depending on the circumstances.
Baggage and cargo liability
Checked baggage
If checked baggage is lost, damaged, or delayed, the airline is liable for compensation of up to 1,288 SDRs—approximately USD 1,700, depending on currency fluctuations. Where a passenger makes a special declaration of interest and pays an additional fee, compensation may be extended to the declared amount.
Airport managers must ensure efficient baggage handling systems to minimize claims. Industry statistics show significant financial exposure: airlines lost over USD 2 billion annually in baggage-related claims and delays, while delayed flights cost over USD 33 billion globally in 2019. SITA reported a mishandled baggage rate of 7.6 per 1,000 passengers in 2022.
Claim procedures
Passengers must file written claims for baggage damage within seven days of receiving their luggage. Failure to do so may invalidate any compensation claim.
Cargo handling and delay
For cargo, the carrier’s liability is capped at 1,131 SDRs per kilogram in cases of loss or damage, and at 4,694 SDRs per shipment for delivery delays. However, if the carrier can prove that the damage resulted from inherent cargo defects, improper packing, or other exempted causes, liability may be waived.
To address cargo mishandling, IATA’s Resolution 753 mandates baggage tracking at key stages—check-in, loading, transfer, and arrival. Zimbabwe has already implemented Resolution 753 at its major airports, a commendable move in line with Montreal Convention standards.
Provision of information
Under the Montreal Convention, airlines are obligated to inform passengers of their rights regarding compensation and liability. Transparent communication builds trust and ensures passengers understand their entitlements and responsibilities.
Zimbabwe’s accession to the Montreal Convention marks a significant milestone in aligning national aviation standards with international norms. However, this also brings new responsibilities for airport operators and airlines, who must review and revise operational policies to meet international standards for consumer protection.
Some countries have gone further by introducing national regulations that extend or enhance these protections. Zimbabwean travelers should remain aware of both international and domestic regulations applicable to their specific travel circumstances.
Future articles will delve deeper into passenger rights as consumers of airport and airline services and explore strategies that airports and airlines can adopt to minimize liability while upholding consumer protection standards.
Douglas Nyekete is an aviation finance and operations specialist. He is a Registered Public Accountant, holds a Master of Business Administration (MBA), and is an Associate Member of the Institute of Chartered Governance and Accountants. He is currently pursuing studies in Aviation Management. He writes in his personal capacity.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers are encouraged to seek professional legal counsel for guidance specific to their situation or jurisdiction.
