Draft Supplementary Act A/SP.7/02/12 Relating to the Common Rules on Compensation to Passengers in the Event of Denied Boarding, Cancellation or Major Delay of Flights in ECOWAS Member States
Act 2-SP7 of 2012
Draft Supplementary Act A/SP.7/02/12 Relating to the Common Rules on Compensation to Passengers in the Event of Denied Boarding, Cancellation or Major Delay of Flights in ECOWAS Member States
Economic Community of West African States
Draft Supplementary Act A/SP.7/02/12 Relating to the Common Rules on Compensation to Passengers in the Event of Denied Boarding, Cancellation or Major Delay of Flights in ECOWAS Member States
Act 2-SP7 of 2012
- Published in official journal 60 on 17 February 2012
- Commenced
- [This is the version of this document at 17 February 2012.]
Article 1 – Definitions
For the purpose of this Supplementary Act, the following terms shall have the meanings assigned to them hereafter:—Aeronautical Authority: any governmental authority, corporate body, or organ duly authorised to perform the functions of civil aviation;Air carrier: An air transport enterprise operating air traffic rights to, from and within member States;Community: The Economic Community of West African States as referred to in article 2 of the ECOWAS Revised Treaty;Confirmed reservation: The fact that an air ticket sold by the air carrier or its authorized agent, specifies the flight number, date and time, and; contains at the appropriate box the indication OK or any other indication or means by which the air carrier acknowledges that it has accepted and expressly confirmed the reservation;Council: Council of Ministers as established under article 10 of ECOWAS revised Treaty;Denied boarding: Refusal by the air carrier to board passengers who, altogether, have a valid air ticket, a confirmed reservation for the concerned flight and have presented themselves to the check-in within the required conditions and time limits;ECOWAS Commission: ECOWAS Commission established in article 17 of the ECOWAS Revised Treaty as amended in June 2006:Final destination: Destination shown on the air ticket presented at check-in, or in case of successive flights, the last flight of the passenger. Connecting flights that could be performed without any difficulty even if the denied boarding resulted in a delay shall not be taken into consideration;Member State: A State party to the ECOWAS Revised Treaty;Overbooked flight: A flight on which the number of passengers with a confirmed reservation and present at check-in within the required time limit and conditions is higher than the number of available seats;Scheduled flight: A flight performed, subject to payment, with aircraft to carry passengers, freight and/or mail in such conditions that on each flight, individual seats are made available to the public, either directly by the air carrier, or by its authorized agents. It is organized for the purpose of connecting two airports or more either according to a published schedule or with such a regularity or frequency that it becomes part of an obvious systematic series:Volunteer: A person who, having a confirmed reservation and present at check-in within the required time limit and conditions, is willing to give up, at the air carrier’s request, the said reservation in return for compensation.Article 2 – Scope
Article 3 – Boarding rules
Article 4 – Compensations in the event of denied boarding
Article 5 – Compensation in the context of a package tour
In case of denied boarding on a flight sold as part of a package tour, the air carrier must compensate the tour operator who shall, thereupon, compensate the passenger.Article 6 – Compensation in case of a cancelled flight
In case of a cancelled flight, the following provisions shall apply, except if the air carrier or the tour operator demonstrates that such a decision was due to circumstances for which neither its liability nor the subcontractor’s liability is involved:Article 7 – Compensation in the event of a major delay
Article 8 – Other compensations
Article 9 – Information to passengers
Air carriers shall provide each passenger who was denied boarding, victim of a flight cancellation or major flight delay, with a leaflet containing the rules governing financial compensations.Article 10 – Other remedial actions
Article 11 – Report and cooperation
Article 12 – Implementation of the Supplementary Act
Article 13 – Amendments
Article 14 – Entry into force and publication
Article 15 – Depositary authority
This Supplementary Act shall be deposited at the Commission which shall transmit certified copies thereof to all member States and register same with the African Union (AU), the International Civil Aviation Organization (ICAO) and such other organizations as may be decided by the Council.History of this document
17 February 2012 this version
Consolidation