Rights of airlines customers in Saudi Arabia

Written by Consultant/ Hassan Alfayoumy

18/07/1438H

A resolution was issued by the Board of Directors of the General Authority for Civil Aviation No. (380-20), in 26/05/1438H, approving the Executive Rules of the regulations of protecting the rights of customers, and this regulation aims to standardize some air transport rules, and it consists of 22 articles including  the following:

First and before we start talking about the scope of implementation of this regulation and the administration concerned with the implementation and obligations of relative parties , we would like to clarify some definitions within these regulations as mentioned  in the first article, as these important and necessary definitions resolved a lot of controversy in this regard, as in the beginning the term “ Department of Customer Protection” has been defined  as the competent department in the Commission to supervise all customers rights protection  related matters. The customer has been defined as a passenger contracted with the air carrier which operates flights subject to the scope of the application of these regulations, also the most important of these definitions is the term “ delay of flights” , which is defined to be the delay of flight from the departure date adopted by the Commission and declared by the air carrier, as well as the term “ Status of travel” , which is defined to be the existence  of the customer within the scope of service of the air carrier from the moment he received the plane boarding card to the moment of leaving the plane and receiving his luggage.

Secondly: M2 (Scope of Application of these Regulations)

The provisions of these Regulations shall apply to all flights departing from Saudi territory, whether national or foreign carrier. The provisions of these regulations shall also apply to incoming flights by the national carrier unless the passenger is compensated or assisted according to the regulations of the country of departure.

Thirdly: M3 (Terms of reference of Customer Protection Management)

The Department of Customer Protection is responsible for issuing the instructions and mechanisms necessary for its application. It also supervises the guidance of customers and entities operating in the air sector with regard to the rights of customers and the mechanism of dealing with them. It also has the competence to receive complaints from customers against carriers, in order to find proper and referring violations to regulations as per Article (147) out of regulations for decision.

fourthly: M4 (Contractual Relationship)

This Article specifies the scope of application of this Article and the duration of the contractual relationship between the Customer and the Air Carrier. The relationship arises between them upon the completion of the confirmed air ticket issuance by air carrier, current then the carrier shall be responsible for the customer from the moment the customer is present in the scope of service of the air carrier, including “ Travel Status “, as above defined within the significant definitions of this regulations.

 Fifthly: M5 (Obligations of the customer)

This article clearly explains the customers obligations towards the other party in the contractual relationship (air carrier). The customer has several obligations: the customer should be aware of all the terms and conditions of the contract of carriage before completing the confirmed booking process, for example, the weight allowed during the trip, time set by the air carrier to finalize travel procedures, complete all regular travel documents.

Sixthly: M6 (Obligations of air carrier)

This Article also clarifies the obligations of the air carrier, including that the carrier has several obligations, for example, to implement the provisions of these regulations, and to provide the Civil Aviation Authority, immediately without delay, with all the records and documents it requests for the purposes of implementing the regulation, in addition to providing monthly reports to the Department of Customer Protection on delayed flights, cancellations, and complaints received from customers..

Seventhly: M10 (delayed flights)

The carrier may not delay the flight of the customer unless security and safety are required. The carrier must inform the customer of the delay, 45 minutes before the flight. If the flight is delayed while the customer is in the hotel, the carrier must bear the costs of extending the stay until the new departure date.

Tenthly: M13 (Loss of luggage)

This regulation clarifies the compensation for loss of baggage and the period of time to be obtained back. The regulations stipulate that the air carrier must compensate the customer by not less than (350) SDR and not more than (1131) SDR upon losing or delayed luggage. In case customers wish to raise the level of compensation due to the fact that their luggage contains precious or high-value items, the customer shall disclose to the air carrier its value before boarding. The carrier shall compensate the customer in case of damage or loss of luggage within 30 days from the date the air carrier receives compensation claim.

Ninth: Article: M 19 (Fines)

In the case of violation by the carrier of the provisions contained in these regulations, the air carrier shall be punished by a fine not exceeding fifty thousand riyals.

The above article is not a legal opinion.