Often times, Air passengers
are not abreast of their rights as it relates to inefficient and ineffective service
delivery usually offered by the airline carriers, such as denied boarding or
delay, loss of goods/baggage, injury sustained while on board and quite a
number of related cases that time may not permit us to mention, which usually
come in to play between the period of booking, through the time of boarding the
aircraft to the period of landing of the Aircraft.
It is the respectful view of
the writer that air-passengers often waive or sleep on these rights and
privileges which might have earned them a fortune due to little or
non-sensitization of their rights and what should ordinarily be obtainable between
them and their respective airline operator.
This piece seeks to enlighten the public as to when these rights and privileges
under the aviation is said to arise. It is pertinent to note that based on
international best practices, it is important that everybody should be served
right for the services he/she subscribes to at any point in time. .
For the purpose of this
discourse, it is important to state the following laws that regulate the
liability of carrier to its passengers under the Aviation Law as domesticated under
the Nigeria Laws as enunciated in the
case of Harka Air Services (Nig.) Ltd v. Keazor (2011) NWLR (Part 1264) p. 343
F-G
1. Civil Aviation Act 2006
2. Warsaw Convention 1929
3. Montreal Convention 1999.
In the case of Harka Air Services
(Nig) Ltd v. Keazor (Supra), the Court held that the carriers’ liability(rights
to indemnify) to its passengers is said to arise under the following
circumstances, which are when there is:
2. Death arising from the course of a journey or
3. Damage or loss of goods
4. Delayed or denied boarding or
5. Interactions in the course of preparing for
the actual conduct of flight operations
Under the Civil Aviation Act
2006, the law also set limit to carrier’s liability as follows which can be
waived in exceptional cases of willful misconduct on the part of the carrier. The
limit set under Article 22 as provided under the Civil Aviation Act 2006 are as
follows:
In cases of death –
liability is limted to 100,000.00 USD
In cases of damage caused by
delay- liability is limited to 4150 USD
In cases of damage caused by
loss of baggage, destruction- liability is limited to 1000 USD.
It is important to state
that if the damage is caused by any of the agent of the carrier acting within
the scope of his employment where there is default of such magnitude that
amount to a willful misconduct, the liability of the airline on compensation will
not be limited to the above three (3) circumstances, as it might exceed any of
the above cases.
In conclusion, it is
important to state that from the above the passengers has a right to claim for
damages in cases where injury was sustained on board, damage or loss goods, in
cases of delayed or denied boarding, in cases of death and in cases of
interactions in course of preparing for the actual conduct of flight
operations.
At this juncture, it is important to stress
that the law seeks to provide enforceable rights such as this is to be enjoyed
by its subject.
Therefore, it is pertinent
to state that anytime your rights are breached by any Airline Carrier, do your
best to ventilate your grievances through the established legal means as
provided under the law. Also, note that claims under this heading must be
instituted within 6 months of the breach. Do not be complacent; do well to
fight for your rights.
Rufus
Adeoluwa Olodude, Esq.
+2348056446555