Dubai Civil Aviation sets binding deadlines for passenger complaints

The Dubai Civil Aviation Authority issued a guide to take care of consumers of the aviation sector in the Emirate of Dubai, setting a unified framework that regulates the rights of travelers, complaints mechanisms, and the obligations of airlines and licensed travel agencies.

The guide focused in detail on the procedures for dealing with complaints and the deadlines binding on all parties, as it required the traveler to submit his complaint within a period not exceeding 60 days from the date of the incident, while airlines or travel agencies must acknowledge receipt of the complaint within five working days, and respond to it within 60 calendar days, which can be extended by 15 days in complex cases.

The guide also gives the consumer the right to file a grievance before the authority within 14 days of the company’s decision or the expiration of the response period, while obliging companies to keep records of complaints for a period of no less than two years.

Regulatory framework

In detail, the Dubai Civil Aviation Authority issued a guide to caring for consumers of the aviation sector in the Emirate of Dubai, which establishes a framework to enhance the protection of the rights of aviation sector consumers in Dubai, by defining the responsibilities of airlines and licensed travel agencies and establishing mechanisms for dealing with complaints, settling disputes, and implementation mechanisms to ensure fair practices.

The guide also establishes a regulatory framework to protect aviation sector consumers and resolve disputes through regulated mediation, which contributes to enhancing consumer confidence and advancing best business practices in the aviation sector.

Objectives of the guide

The objectives of the guide are to ensure that airlines and licensed travel agencies adhere to applicable consumer protection rules, regulations and standards, while setting clear obligations with regard to information transparency, flight disruption management and complaints handling mechanisms, as well as providing a facilitating and effective mediation mechanism for resolving disputes between consumers and licensed airlines or travel agencies, completing and activating the Traveler Welfare Program (CAR-PWP) and the rules and regulations in force in the Emirate of Dubai, in addition to enhancing compatibility with international best practices in the field of consumer protection. Aviation consumers.

The guide applies to national airlines affiliated with the Emirate of Dubai, including their subsidiaries and partners in code-sharing agreements, that operate flights to and from airports located within the Emirate, and foreign airlines that operate commercial air transport services from airports located within the Emirate of Dubai, in addition to licensed travel agencies.

Airline obligations

The airline’s obligations in the guide include providing the consumer with clear, accurate, and timely information when purchasing an airline ticket. This includes, but is not limited to, the total price of the ticket, including all taxes, additional fees, and other costs, presented in a transparent and detailed manner, and the applicable terms and conditions of carriage with regard to modifying, canceling, and refunding the ticket, including any applicable fines, as well as the identity of the operating airline, especially if it differs from the marketing company, along with any stopovers, connecting flights, or Transfers that form part of the itinerary, baggage allowances, any additional or oversized baggage fees, and any applicable restrictions on the class of ticket purchased, including change and cancellation fees.

Travel agent obligations

The guide also includes the obligations of the travel agent, as the licensed travel agency must, when concluding a contract with the consumer to sell any product or service related to air travel, inform the consumer of the applicable terms and conditions related to the sale of any product or service, the terms of carriage or the terms of any contract as determined by the airline, as well as the conditions applicable in the event that the consumer wishes to cancel, modify or change the services, including any fees or fines, and the remedies available to the consumer in the event of failure to provide services by the licensed travel agency or airline, as appropriate. The situation.

Regarding the traveler’s contact data, the licensed travel agency is obligated to provide the airline with all the traveler’s contact data in a timely manner to enable the airline to communicate with the traveler directly regarding flight disruptions, schedule changes, and any other operational notices.

In the event that the licensed travel agency does not provide the traveler’s contact information, the licensed travel agency is responsible for informing the traveler and providing him with updates directly during disturbances based on the information received from the airline, without undue delay.

Flight delays and disruptions

As for rights in cases of flight delay or disruption, the airline must promptly and proactively communicate with the consumer or the licensed travel agency, as applicable, the nature, expected duration and cause of the disruption, and must provide adequate assistance in accordance with the Passenger Welfare Program.

The airline is obligated to give the consumer a choice between alternative travel arrangements on board the nearest flight available to the airline while minimizing the delay period, or rerouting the flight via another airline whenever this is reasonably possible, provided that there is a commercial relationship between the airline and that other company, the availability of seats and the possibility of implementing the rerouting operationally, or a full refund of the amount paid or obtaining a purchase voucher for the unused portion of the ticket.

In the event that the duration of the delay exceeds the limits stipulated in the Passenger Welfare Program (CAR-PWP), the airline is obligated to provide meals and light drinks, and provide means of communication, and in cases that require an overnight stay, hotel accommodation and ground transportation must be provided between the airport and the place of residence.

The airline must provide due care and give priority, without any form of discrimination, to consumers of determination, unaccompanied minors and elderly travellers.

Passengers must inform the airline of any special requirements within the time period specified in the company’s conditions of carriage, and these services are subject to availability.

The licensed travel agency is obligated to take all reasonable steps to ensure the provision of the services obtained by the traveler, or to provide alternative services at a similar standard based on the consumer’s request.

Force majeure circumstances

For disturbances beyond the control of the airline, and in the event of a disturbance occurring as a result of circumstances constituting a force majeure event, the airline is not responsible for providing compensation under applicable law, international treaties or any other legal basis.

However, the airline is obligated to exercise due diligence to facilitate alternative travel arrangements wherever possible, and it must provide appropriate care facilities to affected passengers during the period of disruption, in accordance with the Traveler Welfare Programme. As for cases that constitute force majeure, the care facilities provided by airlines are limited to a period of 72 hours.

However, the Authority shall study the circumstances that led to disturbances beyond the control of the airline, and may decide to extend the period stipulated in this Article based on exceptional circumstances.

Baggage and liability

The airline must fulfill its obligations with regard to delayed, lost or damaged baggage, in accordance with what is stipulated in applicable international treaties.
Travelers must also follow and adhere to the airline’s terms and conditions regarding baggage, and submit receipts or supporting documents to prove any losses for which compensation is claimed.

Boarding prevention

When an airline reasonably anticipates that it will have to deny boarding to one or more passengers, it must first request volunteers willing to surrender their reservations in exchange for agreed-upon benefits.

If a sufficient number of volunteers do not come forward, the airline may prevent passengers from boarding the plane, provided that the consumer has the choice between returning to the first point of departure, or rerouting his flight to his final destination via the airline (unless he is already present at the first point of departure), and providing care and assistance to the consumer in accordance with the Passenger Welfare Program.

People of determination

Licensed airlines and travel agencies are committed to ensuring that appropriate assistance is provided to travelers with disabilities and limited mobility throughout their travel.

Airlines must also develop and publish clear policies for transporting and assisting people with limited mobility, in accordance with General Civil Aviation Authority regulations and applicable international standards. These services are subject to availability.

Company obligations

The general obligations of airlines are to provide an easy and effective mechanism for receiving and responding to complaints, including providing a dedicated communication channel for consumer complaints. Airlines are also obligated to appoint a consumer relations officer, or a similar position, who is responsible for supervising compliance with the provisions of this guide.

In return, licensed travel agencies are obligated to comply with the obligations applicable to airlines, act in good faith and exercise the utmost due diligence when providing services to consumers, and not to impose any terms or conditions on consumers that are more restrictive than those imposed by the airline, unless these terms are clearly disclosed and agreed upon in advance.

Scope of Complaints As for the scope of consumer complaints and the mechanism for dealing with them, the Authority is responsible for accepting and mediating consumer complaints. These complaints are limited to delaying flights beyond the limits stipulated in the Passenger Welfare Program, preventing forced boarding, loss, delay or damage of luggage, as well as cancellation of flights, and the failure of the airline or licensed travel agency to provide the information, assistance or services stipulated in the guide.

Exceptions

According to the guide, the following categories of complaints do not fall within the scope of the mediation undertaken by the Authority, and are not accepted, including complaints related to additional or non-essential services, including but not limited to seat selection, private driver services, excess baggage fees, access to waiting lounges, disputes related to loyalty programs and employee behavior, or any other similar matters, or any matter that has previously been decided, or is currently pending before any competent court or arbitration body, and complaints arising from events that constitute force majeure. Complaints arising from actions taken under governmental policies, regulations or laws beyond the control of the airline or licensed travel agency, as well as cases relating to personal injury or death, which are subject to applicable international treaties and courts, as well as cases involving suspected fraud or criminal conduct, which fall within the jurisdiction of law enforcement authorities.

Complaints procedures

Regarding the procedures for submitting complaints, in the event of a dispute arising between the consumer and the airline or licensed travel agency, the consumer must first inform the airline or licensed travel agency, as the case may be, of the complaint as soon as possible, and a maximum of 60 calendar days from the date the complaint arose.

The airline will not be obligated to consider any complaints received after this period.

If the consumer is unable to submit a complaint in person, he must submit it in writing to the airline or licensed travel agency through the designated complaint channels.

The complaint must be in writing, include all relevant supporting documents, stating the nature of the complaint and the compensation or relief sought.

The complaint must also be submitted within the time period specified by the airline or licensed travel agency in their published conditions, provided that it does not, in any case, exceed 60 calendar days from the date of the incident.

Receiving the complaint

The obligations of the airline or licensed travel agency upon receiving a complaint are to acknowledge receipt of the complaint within five working days.

The airline or licensed travel agency is obligated to investigate the complaint and respond to it within 60 calendar days from the date of its receipt.

In very complex cases, this period may be extended for an additional period not exceeding 15 calendar days, provided that the consumer is notified in writing of the extension and its reasons. In the event that the complaint does not contain sufficient information, the airline or licensed travel agency may request additional information or evidence from the consumer, with the required documents precisely explained.

The response period shall be suspended from the date of this request until the date of receipt of additional information.

Upon completion of the investigation, the airline or licensed travel agency informs the consumer of its decision in writing or during a meeting with him, explaining whether the complaint is fully or partially accepted or rejected, and stating the reasons for the decision.

File a grievance

A consumer who is aggrieved by the decision of the airline or licensed travel agency, or who has not received a response within the period, may submit a grievance to the Authority within 14 calendar days from the date of the decision of the airline or licensed travel agency, or from the date of the end of the response period, whichever is earlier.

Upon receipt of the grievance, the Authority conducts an initial review to determine whether the complaint falls within the scope of this guide.

If the grievance is acceptable in principle, the Authority will notify both parties and invite the airline or licensed travel agency to submit a response within 30 calendar days.

The Authority seeks to facilitate an amicable settlement between the two parties within 30 calendar days from the date of acceptance of the grievance. The Authority shall inform the consumer of the outcome of the mediation in writing. This notification represents the Authority’s final position on the complaint.

The grievance and mediation process does not prejudice the consumer’s right to resort to any legal remedies available before a competent court. Licensed airlines and travel agencies are obligated to keep complete records of all consumer complaints received, including the nature of the complaint, the date it was received, and the settlement or outcome of each complaint, for a period of no less than two years from the date of receipt of the complaint.

According to the guide, each of the licensed airlines and travel agencies is given a period of 90 calendar days from the effective date of this guide to fully comply with its requirements, including harmonizing their internal procedures and complaints handling mechanisms.