Passenger Rights: Flight Cancellations or Delays
On 19 July 2024 a major information technology outage was triggered by a global cybersecurity firm, CyberStrike, causing widespread disruptions to Microsoft customers. Banks, media companies, airlines and numerous other industries experienced the ‘Blue Screen of Death’ on their Windows operating system. As a result of a faulty routine software update, worldwide flight delays and cancellations gave rise to legal concern among air passengers. Questions regarding compensation and alternative flights regulations highlighted the differences between aviation laws in the various affected jurisdictions.
This article will outline passengers’ rights in relation to flight cancellations and delays pursuant to the Implementing Regulations of the Civil Aviation Law promulgated by Decision No. 21 of 2013 (the “Aviation Implementing Regulations”).
A chapter in the Aviation Implementing Regulations is dedicated to passenger rights, applicable to passengers arriving and departing from Bahrain, aircraft operators, Bahrain International Airport and other parties involved. Specifically, Articles 49 and 50 of the Aviation Implementing Regulations stipulate the rights of passengers in relation to flight cancellations and delays respectively.
Flight Cancellations
Generally, the aircraft operator must limit the number of cancelled flights without compromising the safety and security of its passengers.
In the circumstance that a flight cancellation is imminent, the aircraft operator must inform its passengers. Cancelled flights which were informed to passengers 14 days prior to the flight date exempt the air operator from requirements of care, support and compensation to its passengers, however flight ticket reimbursement is mandatory. In the circumstance that the aircraft operator informs its passengers of the flight cancellation within the 14 days prior to the flight date, the passenger has the right to (i) an alternative flight, (ii) reimbursement of the full ticket value, or (iii) reimbursement of the value of the remaining flight.
Passengers may opt for alternative flights, hence forgoing their right to compensation. In such case, the cost of the passenger’s stay in Bahrain will be borne by the aircraft operator if necessary and meals must be provided until the new date of travel. If the flight is cancelled for unexpected reasons after the passenger arrived at the airport, and such passenger chose an alternative flight, the passenger has the followings rights:
- The cost difference must be paid by the aircraft operator if the alternative flight ticket of a higher-class or the cost of the new ticket is higher than the original ticket.
- Compensation from the aircraft operator if the alternative flight ticket is of a lower-class.
Flight Delays
Similar to flight cancellations, the aircraft operator must ensure that all measures are taken to limit the number of delayed flights and to reduce the duration of the delay without compromising the safety and security of passengers.
The passengers must be notified of the delay prior to the original take-off time, and all notifications must include the new take-off time. If the new take-off time cannot be determined, the passengers must be compensated by 15 units of special drawing rights (equivalent to approximately BHD 7.400) for each hour of delay which may reach up to 100 special drawing rights units (equivalent to approximately BHD 49.800). Special drawing rights (“SDR”) are international reserve assets created by the International Monetary Fund, where the SDR unit is the value of a currency.
Moreover, if the new take-off time cannot be determined, the aircraft operator must provide the following forms of care to its passengers:
- Refreshments at the start of the first hour of the original time fixed for departure.
- A hot meal if the delay period is expected to be 3 hours or more from the original time fixed for departure. Alternatively, the passenger has the right to 15 SDR units (equivalent to approximately BHD 7.400) instead of the hot meal.
- A hotel reservation if the expected delay exceeds 8 hours from the original time fixed for departure. Alternatively, the passenger has the right to 50 SDR units (equivalent to approximately BHD 24.900) instead of the hotel reservation.
The worldwide cyber outage led to more than 7,000 flight cancellations globally, creating a massive impact on the aviation industry. This occurrence may be deemed as an extraordinary circumstance, also known as force majeure, since the flight cancellations and delay were not foreseeable and out of the control of the air operator. In such cases and in some jurisdictions, passenger compensation is not granted. However, the Aviation Implementing Regulations in Bahrain explicitly provide compensatory rights to passengers in the cases of force majeure, which include the abovementioned rights stipulated under Articles 49 and 50 of the Aviation Implementing Regulations.
