Airport, airline operations perspectives: Aviation passenger rights as consumers of airport and airline services
DOUGLAS NYEKETE
In the previous article, we explored liability in air transport within the context of the Montreal Convention, to which Zimbabwe is a signatory. The Convention aims to standardize the protection of airline passengers by detailing the liability associated with breaches of contract between passengers and service providers—namely, airlines and airports.
According to the International Civil Aviation Organization (ICAO), as global air transport regulations continue to liberalize, the importance of protecting and enhancing airline passenger rights has increased significantly. In response, many countries have implemented regulations addressing various aspects of passenger experiences—particularly for individuals with reduced mobility, the transparency of airfare pricing, and airline obligations in cases of flight disruptions such as cancellations, delays, or denied boarding.
Some airlines have taken voluntary steps to improve customer service policies in response to mounting public pressure and to avoid stricter regulations. These measures include policies on fare offers, ticket refunds, denied boarding, delayed and cancelled flights, baggage handling, responses to complaints, and special assistance needs. It is critical for airports and airline operators to understand and comply with the rights of passengers, especially as these relate to their own operations.
In Zimbabwe, however, there is a notable regulatory gap. While general consumer rights are covered under the Consumer Protection Act (Chapter 14:14), there are no aviation-specific regulations directly addressing the rights of air transport consumers. This contrasts with other jurisdictions where dedicated legal frameworks have been established to protect air passengers. Recognizing this global trend, ICAO conducted a study in 2012 on the effectiveness of such consumer protection regulations and emphasized the need for a harmonized, coordinated international approach. ICAO subsequently developed the Core Principles on Consumer Protection, a non-binding framework intended to guide states and industry stakeholders in dealing with passenger rights.
Below are key passenger rights that should be upheld by airlines, airports, ground handlers, and their agents:
- Right to Information and Price Transparency
Passengers are entitled to timely and accurate information about their travel. This includes flight schedules, delays, cancellations, and details of the operating carrier, especially in code-sharing situations. Additionally, passengers must be informed of their rights in the event of flight disruptions.
Airports play a crucial role in disseminating this information through Flight Information Display Systems (FIDS), customer service desks, and online communication channels. Effective coordination between airlines and airport operators throughout the passenger journey is vital in ensuring clear and consistent communication.
Price transparency is another important dimension. Airlines and travel agents must display the total ticket price upfront—including all applicable taxes, fees, and surcharges. Optional extras must also be clearly disclosed.
In the European Union, Regulation 1008/2008 mandates that advertised airfares include all unavoidable and foreseeable costs, and itemized details of each price component (fare, taxes, airport charges, etc.) must be provided. EU directives also require increased transparency when passengers purchase tickets online.
- Right to Non-Discrimination
Passengers with disabilities or reduced mobility must not be discriminated against and are entitled to assistance at no additional cost. According to IATA, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) requires member states to ensure equal access to transportation, information, and public services for people with disabilities.
The World Health Organization (WHO) estimates that over 1.3 billion people—approximately 16% of the global population—live with some form of disability. As global travel hubs, airports must be equipped to serve this significant market segment.
Notably, the demand for wheelchair assistance has surged, particularly at major airports. An IATA survey revealed a 30% year-on-year increase in such requests at large airports. To meet this growing need, IATA recommends that airports:
- Share passenger mobility information promptly with airlines and ground handlers.
- Implement best practices for handling mobility aids.
- Train and deploy specialized ramp personnel to assist passengers with reduced mobility.
- Rights in Cases of Flight Disruption
This category includes several critical passenger protections:
- Denied Boarding: If a passenger with a confirmed reservation is denied boarding due to overbooking, they are generally entitled to compensation, rerouting, or a refund.
- Flight Cancellations: In the event of a flight cancellation, passengers have the right to choose between:
- A full refund,
- Rerouting to their destination at the earliest opportunity,
- Or rerouting at a later date of their choosing.
Compensation may also be due unless the cancellation stems from extraordinary circumstances, such as extreme weather or air traffic control strikes.
In the European Union in 2009, of the 35,198 passenger complaints received, 41% were due to cancellations, 25% due to delays, and 3% led to sanctions.
- Flight Delays: For long delays, passengers are typically entitled to care and assistance, including:
- Meals and refreshments,
- Communication services (e.g., phone or email),
- Accommodation for overnight delays.
The threshold for triggering these rights depends on the length and distance of the flight.
According to France’s DGAC, airlines were responsible for 36% to 44% of primary delays in 2005, the year EU Regulation 261/2004 came into effect.
- Downgrading of Travel Class: Passengers who are involuntarily placed in a lower class than the one they paid for are entitled to a partial refund.
- Rights Concerning Baggage
Passengers have the right to claim compensation for lost, delayed, or damaged baggage. The Montreal Convention establishes a clear legal framework:
- Claims must be filed within 7 days (for damaged baggage), 21 days (for delayed baggage), and are subject to a 2-year statute of limitation.
- Airlines are liable for mishandled checked baggage within specified monetary limits.
- Baggage policies, including size, weight limits, and applicable fees, must be clearly communicated to passengers at the time of booking.
- Right to Lodge Complaints
Passengers are encouraged to first resolve issues directly with the airline or airport. If unsatisfied, they may escalate the matter to the appropriate national aviation authority or consumer protection agency.
Benchmarking Passenger Rights Regulations
ICAO and IATA emphasize the importance of harmonized, well-designed consumer protection frameworks that balance passenger rights with operational realities. Zimbabwe, as a recent signatory to the Montreal Convention, can look to best practices in more mature regulatory environments:
- European Union: Regulation (EC) No 261/2004 is among the most comprehensive passenger rights frameworks, covering denied boarding, delays, cancellations, and baggage handling.
- United States: The Department of Transportation (DOT) enforces consumer protections in areas such as overbooking, tarmac delays, disability access, and baggage.
- Canada: The Air Passenger Protection Regulations (APPR) detail airline responsibilities in cases of delays, cancellations, and baggage issues.
Passenger rights in air transport are a fundamental aspect of sustainable aviation operations. As countries like Zimbabwe align with international standards such as the Montreal Convention, it is essential to review and update national legislation to adequately protect passenger interests. Ensuring that passengers are informed, respected, and treated fairly is not only a regulatory requirement—it is a business imperative in today’s competitive aviation market.
The next article in this series will explore sustainable strategies for airports and airlines to minimize liability while upholding passenger rights.
Author: Douglas Nyekete [RPAcc, MBA, ACIS, BCom Acc, PDME] Douglas Nyekete is an aviation finance and operations specialist. He is a Registered Public Accountant, holds a Master of Business Administration (MBA), is an Associate Member of the Institute of Chartered Governance and Accountants, and holds a Bachelor of Commerce in Accounting. 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.
