Air travellers fly in ignorance of their rights

AS the train transportation system is nearing a complete collapse, the ratio of passengers opting for travelling through the Pakistan International Airlines (PIA) has witnessed a plausible increase, with an average of 500,000 passengers a month.

This can be gauged by the number of passengers that travelled through PIA – 4.51 million in the first nine months of year 2011 – an increase of 3.4% according to the latest data made available by Pakistan International Airlines (PIA).

But this does not mean that the air travellers were lucky, because air passengers were badly haunted by the spectre of travelling chaos on flights of domestic airlines, with hundreds of passengers being left stranded everyday across the country’s airports due to denial of boarding, flight cancellations and tarmac delays.

Though the airline industry is highly regulated around the world, air passengers face violations of their legal rights on a daily basis in Pakistan. Besides, failure of the Civil Aviation Authority (CAA) in regulating the airline industry, ignorance of air passengers in understanding their basic legal rights are other reasons that pave the way for airlines to get away without making financial compensation.

Clause D9 of ANO-001-ATCP-1.0 (Air Passenger Rights) says that passengers shall be fully informed by the air carriers of their rights in the event of denied boarding, and of cancellations or long delays of flight so that they can effectively exercise their rights. This information is mandatory to be included in ticketing documents and on the airline website. However, except the Shaheen Air International, none of the domestic airlines have provided information on their websites. In case of denied boarding, clause D12.3 stipulates that when too many passengers show up for a flight, an airline must first ask for volunteers to give up their seats in return for agreed benefits. These must include the choice of either refund of the ticket (with a free flight back to the passenger’s initial point of departure, when relevant), or alternative transport to the passenger’s final destination. If the passenger is not a volunteer, the airline must pay a compensation equivalent to 50 percent of the face value of the ticket, excluding government and airport taxes. Compensations may be halved if the passenger is delayed not more than four hours. But here, passengers are bumped involuntarily and the airline even does not explain the reasons. Regarding flight cancellations, clause D13 requires that whenever a passenger’s flight is cancelled, the operating airline must give him a choice of either a refund of his ticket (with a free flight back to his initial point of departure, when relevant) or alternative transport to his final destination, and meals and refreshments, hotel accommodation when necessary (including transfers) and communication facilities. The airline may also have to compensate the passenger at the same level as for denied boarding, unless it gives him sufficient advance notice. For long delays, clause D14 requires that the airlines shall provide immediate assistance if the passenger has checked in on time from a Pakistani airport for any flight including non-scheduled/ charter flight, or for any flight to a Pakistani airport when operated by an Pakistani operator from outside Pakistan, and if the airline expects a delay of two hours or more for flights of 1,500kms or less; of three hours or more for longer flights within Pakistan, and for other flights between 1,500kms and 3,500 km, of four hours or more for flights over 3,500 kms outside Pakistan, the airline must serve meals and refreshments, hotel accommodation when necessary (including transfers) and communication facilities.