Minimum Air Transport Passenger Rights
To provide increased protection of air passenger rights and to enhance Macau’s aviation service industry Macau Special Administrative Region (SAR) is set to implement a new administrative regulation covering air passenger rights.
Macau
Transport
To provide increased protection of air passenger rights
and to enhance Macau's aviation service industry Macau Special
Administrative Region (SAR) is set to implement a new
administrative regulation covering air passenger
rights.
The Civil Aviation Authority of Macau (AACM) began drafting a
new administrative regulation in 2008, stipulating minimum rights
afforded to air passengers in cases of denied boarding, flight
cancellation or delay. The provisions look set to be implemented
this year.
Macau is a Special Administrative Region (SAR) of China and is
therefore permitted to introduce its own laws to include those
concerning the rights of air passengers. In drafting the new
administrative regulation reference has been made to air passenger
rights laws and regulations applicable in Europe, USA, Canada and
Brazil.
The new regulation affords rights to (i) passengers departing
from Macau International Airport, and (ii) passengers departing
from an airport located outside Macau and flying into Macau
International Airport, if the operating air carrier holds an air
operator certificate issued by the AACM, unless passengers are
afforded rights and assistance under available provisions in the
place of departure.
The following is a summary of relevant provisions under the
current draft of the new administrative regulation.
Denied boarding
|
- Passengers concerned shall be offered the choice between:
- reimbursement of full ticket price, for the unused part(s) of
the journey and for the part(s) already made if the flight is no
longer serving any purpose in relation to the passenger's
original travel plan, together with a return flight to the first
point of departure (when relevant); or
- re-routing, under comparable transport conditions, to their
final destination.
- If there are insufficient volunteers, those passengers denied
boarding against their will shall also be offered free of
charge:
- meals and refreshments in a reasonable relation to the waiting
time;
- hotel accommodation if an overnight stay becomes
necessary;
- transport between the airport and place of accommodation;
and
- two telephone calls, telex or fax messages, or emails
They will also have the right to compensation for damage caused
up to MOP 40,000 (approx US$4,899).
|
Flight cancellation
|
Passengers concerned shall be entitled to:
- reimbursement of their full ticket price, for the unused
part(s) of the journey and for the part(s) already made if the
flight is no longer serving any purpose in relation to the
passenger's original travel plan, together with a return flight
to the first point of departure (when relevant), or re-routing
under comparable transport conditions to their final
destination;
- free of charge:
- meals and refreshments in a reasonable relation to the waiting
time;
- hotel accommodation if an overnight stay becomes
necessary;
- transport between the airport and place of accommodation;
and
- two telephone calls, telex or fax messages, or emails;
and
- compensation for damage caused up to MOP 40,000 (approx
US$4,899), unless the passengers have been informed of the flight
cancellation at least 15 days before the departure time.
|
Delay
|
- When the carrier reasonably expects a flight to be delayed for
over three hours, the carrier shall offer passengers, free of
charge, meals and refreshments in a reasonable relation to the
waiting time.
- For delays of five hours or more, the carrier shall offer
passengers a choice of reimbursement of their full ticket price,
for the unused part(s) of the journey and for the part(s) already
made if the flight is no longer serving any purpose in relation to
the passenger's original travel plan, together with a return
flight to the first point of departure (when relevant).
- Where the carrier reasonably expects a flight to be delayed for
eight hours or more and an overnight stay becomes necessary, and
the passenger does not opt for ticket reimbursement, the carrier
shall also offer, free of charge:
- hotel accommodation;
- transport between the airport and place of accommodation;
- two telephone calls, telex or fax messages, or emails.
|
The new regulation also provides for financial penalties should
air carriers fail to comply with their obligations.
The initial drafting has been completed, followed by a one-month
consultation period during which the AACM solicited views from
local aviation and tourism sectors. The AACM is now reviewing the
results and considering appropriate amendments. A final draft will
then be produced. The new regulation is expected to be implemented
during 2011 once the necessary legal procedures are completed.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.