INTRODUCTION
The Aviation Industry is an integral part of the global transportation system and a key driver of tourism. Ghana's aviation industry is among the fastest-growing in West Africa1, with an average of 73.8 international flights daily in 2024 alone.2 Additionally, there was an average of 6,418.1 international passenger throughput3 and 2,357.2 domestic passenger movements each day in 2024.4 With the rapid growth of Ghana's aviation industry and the increasing volume of air travellers, safeguarding consumer rights is crucial to ensuring fair treatment and sustaining public confidence in the sector. Globally, conventions such as the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention, 1999), along with regional frameworks, have established standards for passenger protection.
In Ghana, the standards set by the Montreal Convention are domesticated through national legislation and regulatory directives issued by the Ghana Civil Aviation Authority (GCAA). This article seeks to discuss the legal and regulatory regime governing consumer rights in Ghana's aviation industry. It examines the core rights of passengers, identifies key implementation challenges and offers practical recommendations for enhancing passenger welfare.
KEY LAWS THAT PROTECT AIR TRAVELLERS IN GHANA
GHANA CIVIL AVIATION ACT 2024 (ACT 1120)
The Ghana Civil Aviation Act, 2024 (Act 1120) serves as the principal legal framework for regulating air transport in Ghana. The Act provides strong protection for passengers by incorporating the Montreal Convention5 through its Second and Third schedules.6 The Montreal Convention was developed to modernise and consolidate the Warsaw Convention7 and related instruments to better protect the rights of passengers and cargo shippers in the evolving global aviation industry.
Originally, Ghana ratified the Montreal Convention and incorporated it into national law through the Ghana Civil Aviation (Amendment), 2016 (Act 906).8 The provisions of the Montreal Convention have now been integrated and modified in the Ghana Civil Aviation Act, 2024 (Act 1120) and made applicable to both international and domestic air travel. These provisions have been incorporated into the Second and Third schedules of Act 1120. The Second Schedule applies to international air travel to and from Ghana,9 while the Third Schedule governs domestic air travel within Ghana, regardless of the nationality of the aircraft involved.10 These Schedules provide passengers with important rights in situations such as bodily injury or death, flight delays, damage and loss of baggage or cargo.
The Rights of Passengers Under the Second and Third Schedules of the Ghana Civil Aviation Act 2024 (Act 1120)
Act 1120 enhances passenger rights for both international and domestic air travel, establishing clear liability limits and responsibilities for carriers. It mandates timely compensation for injuries, damages, or loss of baggage, with caps aligned to international standards—such as Special Drawing Rights (SDR) or USD limits—and stipulates procedures for claims, complaints, and jurisdiction. The Act also requires carriers to make immediate advance payments in cases of death or injury, reinforcing consumer protection and fostering confidence in Ghana's aviation sector.
Although the Montreal Convention imposes limits on the amount of damages that can be claimed, these limits do not prevent a court from awarding, in accordance with its own rules, additional sums such as court costs, legal expenses, and interest. However, this does not apply if the damages awarded, excluding litigation costs, do not exceed an amount that the carrier had previously offered in writing to the claimant within six months of the incident or before legal proceedings began, whichever is later.11
PASSENGER RIGHTS UNDER PART 2 OF THE GHANA CIVIL AVIATION (ECONOMIC) DIRECTIVES, 2019 ON CONSUMER PROTECTION
The Ghana Civil Aviation Authority (GCAA), as the regulator, plays a critical role in ensuring the protection of consumers within the aviation industry by issuing directives, enforcing passenger protection regulations, monitoring airline compliance, handling complaints, and educating the public about their rights.12 Among the directives issued by the Authority is the Ghana Civil Aviation (Economic) Directives, 2019. Part 2 of the Directives, which focuses on Consumer Protection, outlines the rights of passengers and the corresponding obligations of air operators. It establishes minimum compensation standards for instances of overbooking, involuntary denied boarding, delays, lost or damaged baggage or cargo, and flight cancellations. These provisions complement the rules on domestic and international air carriage set out in the Second and Third Schedules of Act 1120.
Additionally, the Directives also applies to any passenger departing from an airport in Ghana or from an airport in a third country to an airport in Ghana, provided the passenger has not already received compensation, assistance, or benefits in that third country.
Overview of Key Provisions Under Part 2 of The Ghana Civil Aviation (Economic) Directives, 2019
The Ghana Civil Aviation (Economic) Directives, 2019, set out important passenger rights and airline obligations. Airlines are required to display complaint procedures at airports and must handle issues like overbooking, cancellations, and delays fairly and transparently. Passengers are entitled to assistance, re-routing, refunds, and compensation for involuntary denied boarding, cancellations, or delays, with specific amounts depending on flight distance and length of delay.
Airlines must provide care, such as meals, accommodation, and communication; especially during delays and tarmac hold-ups. Passengers cannot be unfairly downgraded or refused their paid seat classes, and their rights cannot be waived. The regulations also emphasize proper communication, handling of complaints, and investigations by authorities to protect passenger interests.
THE TECHNICAL DIRECTIVES ON HANDLING OF PERSONS WITH DISABILITIES, 2015
This directive, also issued by the Ghana Civil Aviation Authority, covers the transport of passengers with special needs and reduced mobility. It applies to all Ghanaian-registered airlines, airport operators, ground handlers, security profiling agencies, immigration and customs officers, restricted-area tenants, restaurant operators, and all service providers at airports that handle civil aviation.
No Refusal of Carriage Except for Safety Reasons
Aircraft operators must not refuse to transport persons with disabilities solely based on their disability, except for safety reasons. These include when the size of the aircraft doors makes boarding physically impossible, medical conditions that could endanger the health and safety of cabin crew, or when an unaccompanied disabled person requires an unreasonable level of assistance. If a disabled person is refused carriage, the air operator must provide written justification within ten (10) working days. Operators must also inform passengers with disabilities of any carriage or mobility equipment restrictions in accessible formats, particularly those due to aircraft size.
Wheelchairs
Airports, aircraft, and ground handlers must provide clear information on wheelchair availability and supply wheelchairs upon request to facilitate smooth travel from disembarkation to airport exit. Aircraft must have accessible washrooms with an on-board wheelchair or carry one when requested by a disabled passenger. On-board wheelchairs must be designed for easy occupant transfer and manoeuvrability, and include adjustable arm and foot rests, a restraint device, and secure locking mechanisms to prevent movement during turbulence or transfer. Mobility aids must be transported free of charge in addition to standard baggage allowances, with priority given over passenger baggage in the cabin.
Seating
Airlines must ensure seating arrangements in areas under their control, such as ticket counters, check-in areas, security screening points, customs, and baggage claim areas, are suitable for passengers with disabilities, particularly where long waits may occur.
Leaving Persons with Disabilities Unattended
Airports, aircraft, or ground handlers must remain in frequent contact with wheelchair users who cannot move independently, providing updates on the status of their assistance requests and inquiring about their specific needs.
Travelling with Assistance
Airlines will assess whether a passenger with a disability needs an attendant. If the passenger objects to this, they must provide a valid "fit to travel" certificate from a registered medical professional.
Sign Language Interpretation
Airlines must provide sign language interpretation services when necessary to ensure effective communication with passengers who are deaf or hard of hearing.
Signage On Board
On-board signage must avoid glare and shadows, use contrasting colours (light on dark or vice versa), and employ sans serif fonts. When symbols and pictograms include Braille, the Braille must be positioned below the visual symbols.
Accessible Aircraft Features
Airlines must ensure that new aircraft and those undergoing refurbishment incorporate accessible design features wherever possible. This includes firm, non-slip surfaces that do not produce glare, and sturdy, slip-resistant handrails to aid persons with disabilities.
Enforcement Mechanisms
Airlines that violate these directives are subject to penalties by the GCAA. Passengers may explore these avenues to seek redress13:
- Submit a complaint to the airline.
- Escalate the issue to the GCAA's Consumer Protection Division.
- Pursue legal action at the High Court.
CHALLENGES
Despite the existence of these frameworks outlining rights and responsibilities, implementation often falls short. A major barrier is the limited awareness among passengers. Many travellers are unaware of their rights to compensation, care, or redress in cases of delays, cancellations, or denied boarding. As a result, they are often unable to assert or claim their entitlements.
Inconsistent enforcement further undermines passenger protection. Airlines and service providers vary in how they interpret and apply these directives. While some comply fully, others offer minimal or irregular services, resulting in unpredictable experiences for passengers. This inconsistency is compounded by limited oversight, infrequent inspections, and reliance on passenger complaints rather than proactive regulation, allowing certain violations to go unchecked.
Additionally, airlines and airports often have inadequate complaint resolution systems. Even though complaint mechanisms exist, they are frequently poorly managed, with long response times, unresponsive staff, and unclear processes that discourage passengers from pursuing their claims.
Finally, even when compensation is available, many passengers lack awareness or face barriers to claiming it. Opaque procedures and airline reluctance to pay hinder redress, leaving passengers uncompensated for their losses.
CONCLUSION
Ghana's legal framework for consumer protection in the aviation industry provides robust safeguards for passengers by incorporating the Montreal Convention into Act 1120, with the necessary modifications extended to cover domestic air transport. While the Montreal Convention sets liability caps for situations such as bodily injury or death, flight delays, damage and loss of baggage, Part 2 of the Ghana Civil Aviation (Economic) Directives, 2019 establishes minimum liability standards for issues such as overbooking, denied boarding, flight delays and cancellations. These provisions serve to supplement the Convention as incorporated into Act 1120. However, despite the strength of the overall legal framework, significant gaps remain in its practical implementation. Addressing these gaps through public education, streamlined processes, and dedicated support systems will help close the gap between regulations and passengers' actual experiences. Ultimately, such efforts will build greater trust in Ghana's aviation sector and reinforce the country's role as a regional leader in consumer rights within the air travel industry.
Footnotes
1 https://shorturl.at/EK3WC last accessed 23.06.2025
2 Ghana Civil Aviation Authority 2024 General Statistics-International https://shorturl.at/jwu4I last accessed 30.05.2025
3 Ghana Civil Aviation Authority 2024 Passenger Thruput-International https://shorturl.at/2ZvlT last accessed 30.05.2025
4 Ghana Civil Aviation Authority 2024 Statistics Averages-Domestic https://rb.gy/ube8ne last accessed 30.05.2025
5 Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28th May 1999, ICAO Doc 9740, entered into force on 4th November 2003.
6 Section 36(2) of the Ghana Civil Aviation Act, 2024 (Act 1120).
7 Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12th October 1929, ICAO Doc 7838, entered into force on 13th February 1933.
8 https://www.icao.int/secretariat/legal/list%20of%20parties/mtl99_en.pdf last accessed 05/06/2025
9 Ibid, section 36(2)(a)
10 Ibid, section 36(2)(b)
11 Article 22(6) of the Montreal Convention, as incorporated in the Second and Third Schedules of the Ghana Civil Aviation Act, 2024 (Ac1120)
12 Sections 9(j) and 37(1) (ee) of the Ghana Civil Aviation Act, 2024 (Act 1120).
13 https://www.gcaa.com.gh/web/consumer-protection/ last accessed 05/06/2025
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