In responding to the overwhelming complaints of air passengers over discomfort from recurring flight delays and other forms of negligence without sufficient compensation from airlines, the Nigeria Civil Aviation Authority’s recent call for airlines to respect their obligations to the passengers is a step in the right direction.
Over the years, airlines seem to negate the rules as enshrined in the consumer protection regulations of the Nigerian Civil Aviation Regulations (NCAR) as amended.
It is a compendium on the obligations of the airlines to the passengers who patronise them to convey them from one destination to another by air. These obligations have to do largely with the duties of the airlines to the passengers during flight delay, flight cancellation, luggage management, and fare refund.
Since the appointment of the Director General of the Nigeria Civil Aviation Authority (NCAA), Captain Chris Najomo, the agency has taken time to enlighten air travellers about what they should expect from airlines and also insisted that airlines must carry out these duties for passengers.
Also, there are obligations the passengers have to the airlines, which have to do with peaceful conduct while on transit and following the right channel and process to address issues that do not align with their expectations as passengers travelling on a particular carriage.
First Need Compensation
Recently, the NCAA charged local and international airlines operating in the country to comply with the first need compensation regulation, where a passenger’s luggage is short-landed.
Short-landed baggage, NCAA clarified, refers to checked baggage accidentally left behind at the origin airport that arrives on a later flight.
The NCAA noted that part 19 of the Civil Aviation Regulation 2023 provides that affected local passengers are paid N10,000 and international passengers $170 in the event of land-landed baggage.
According to the agency, “For international airlines, they have a window to pay the amount defined in their terms of carriage failure, which attracts $170 without reduction. This is to enable passengers to purchase basic needs before their baggage arrives.”
The Director of Public Affairs and Consumer Protection, NCAA, Mr. Michael Achimugu, who spoke at a meeting held at the Nnamdi Azikiwe International Airport, Abuja, with the regional managers of domestic airlines in attendance, said going forward, the Authority would sanction airlines that refused to comply with the first need compensation policy.
He encouraged airlines to always pay the first need to impacted passengers before they escalate to the Authority.
Achimugu stated, “This engagement perhaps should be the last time we will have to discuss the issue of this first need. For a while now, it’s been a grey area. Recall that the NCAA has sent letters to the airlines about the first need. There has not been much compliance by the airlines.
“The regulations are very clear. One cannot say for certain if the airlines are intentionally disregarding the regulations or if there is some miscommunication along the line. I met with some station managers who seemed not to be aware of the regulations. We thought that the right thing to do was to have this conversation with you to understand what the challenges have been. Why are we not paying the first need for the short-handed baggage?”
He referred to the NCAR, saying that Part 19 of the Civil Aviation Regulation 2023 makes it clear that if the baggage of a passenger doesn’t arrive with the passenger, for a domestic airline, the passenger gets N10,000 and the airline has seven days to deliver the bag at the passenger’s address at no cost to the passenger.
“But because a lot of passengers do not know their rights, the airlines have been making the passengers come pick up their luggage. Going forward, you must comply with the regulation. You should operate at world world-class standard. I must commend that the domestic airlines are trying. The margins are small, and the airlines have a capacity problem. As an Authority, we try to support the airlines because it is not all the case that the airlines are wrong. But the regulation must be obeyed,” the Director stated.
NCAA also explained that where the airline delays in delivering the baggage for extended days, the passenger has the right to additional claims, but with the receipt of items bought as a result of their inconvenience from the delayed baggage.
Enforcement
The major challenge in meeting these obligations is enforcement. THISDAY investigations indicated that while it is easy to enforce the rules with domestic airlines, foreign carriers do not have an effective platform for interface, except their small office at the airport, where operational and ticketing officials hold sway. Going to their offices, usually located far from the airport, could be torturous. Most often, the passenger whose luggage is missing has to rely on the handling company managing the airline.
In the case of luggage losses and delays, it has more to do with international carriers than domestic airlines. In the executive summary of flight operations in 2024, made available by the NCAA, delayed and missing bags by international carriers were 4,7493; while that of domestic airlines was 430, even though domestic airlines operate over 130 flights a day, while the total flights operated by international carriers are less than 40 a day.
Out of the number of delayed and missing luggage, international carriers recovered 43,140 and lost 4,353 bags; while out of the 430 delayed and missing luggage by domestic airlines, 429 were recovered, losing only one bag. So, the NCAA should push enforcement more on international carriers that lose most of the bags.
A passenger told THISDAY how his flight with a US-based airline from Atlanta to Lagos was disrupted due to bad weather. He was coming from Miami, his checked-in bag arrived in Lagos before him because he missed the flight, as the flight had to stick to its schedule. By the time he went through security and the train shuttle to the terminal, he arrived at the boarding gate late and missed the flight.
“On arrival, the following day, I saw my bag, but it was torn. The bag was opened, and when I made enquiries, it was the handling company official who spoke to me, and from his actions, he did not show any sympathy or any plan to compensate me for the damaged bag. When I enquired to meet with the airline officials, he told me that I didn’t have to meet the airline because I was dealing with the handling company, thus shielding the airline from having to interface with me. So, the NCAA should ensure that the airlines do not wait to be nudged before they do the right thing. They should follow the rules,” the passenger told THISDAY.
Airlines Dropping Bags
However, the NCAA was not clear on what happens when passengers’ bags are wilfully dropped by the airlines because they would constitute a heavy load on the aircraft, which could jeopardise its safety on the flight.
Last week, Lufthansa Airlines operating Abuja-Frankfurt flight dropped all the checked-in luggage of about 200 passengers due to rainfall and tailwind at the Abuja airport, and they were airlifted four days later. International carriers often drop passengers’ luggage to lighten the aircraft. Domestic airlines do it too, but not as often. This also hurt passengers because they lost the use of their belongings in their luggage.
Passengers and Airlines Obligations
Last year, the NCAA carried out a roadshow at the nation’s Federal Capital Territory to sensitise air travellers about airlines’ responsibilities to the passengers and also the passengers’ obligations.
During a briefing at the Nnamdi Azikiwe Airport, Capt. Najomo emphasised the importance of informing passengers about their entitlements and responsibilities.
He stated, “This awareness campaign is to let passengers know their rights and obligations, and to ensure airlines uphold their duties. It’s not about always siding with passengers or airlines, but ensuring fair treatment for both. After two hours of delay. Airlines must provide snacks and refreshments. After 3 hours, passengers are entitled to refunds, either in cash or processed online within two weeks. After 4 hours: Airlines must provide hotel accommodations for overnight delays.”
NCAA also condemned unruly passengers’ behaviour and said that passengers must conduct themselves well at the airport; otherwise, the airline has the right to offload them from the aircraft, and such unruly behaviour at the airport may force airport security (AVSEC) to arrest the passengers.
Airlines also complain that concerned authorities are not effectively enforcing passengers’ obligations, hence, too many passengers revolt at the airports.
