Although the logistics network in Morocco is evolving more and more, it suffers from some shortcomings which are until now a Source of dissatisfaction for passengers. In order to remedy these problems, the Ministry of Transport and Logistics is preparing to publish a regulatory text requiring national and international airlines to compensate passengers for delays or cancellations of their flights.
This was stated by the Minister in charge of the sector, Mohamed Abdeljalil, during the meeting of the thematic group responsible for preparing the annual session of evaluation of public policies in the tourism field, last Wednesday, at the Chamber of Advisors .
Law No. 40.13 relating to the Civil Aviation Code, adopted by Parliament in 2016, stipulates the right of passengers in the event of cancellation or delay of a flight departing from Morocco to obtain assistance according to the conditions and modalities specified by a regulatory text, while taking into account the provisions of international agreements in force in this area, as well as the notification of passengers of cancellation or delay, technical and commercial capacities, in particular in the event of rerouting and flight distances measured using the great circle method.
The Minister of Transport and Logistics declared that “ certain problems related to delays or cancellations of flights or overbooking exceeding capacity fall within the framework of passenger rights, regulated by a text, indicating that his ministry has prepared the latter and will submit it in a few weeks to the General Secretariat of the government“.
Abdeljalil recognized that his predecessor, PJDist Abdelkader Amara, had prepared this regulatory text, but it had not been applied at the time due to the Covid-19 pandemic, with airports closed and flights suspended. He noted that this text will be consistent with what is practiced in European countries, where the Moroccan passenger will have the same rights as their counterpart in Europe.
The minister added: “ We want to apply what is practiced in European countries, so that the rights enjoyed by the Moroccan or foreign passenger when traveling by plane in Europe include various compensations. If the flight is delayed by two hours, the passenger is entitled to a glass of water, and if it is delayed by three hours, he is entitled to compensation of up to 600 euros or a new ticket. »
In this sense, the minister stressed that after the resumption of the air sector and the return of flights to their normal level before the pandemic, this regulatory text specifying the terms and conditions of passenger compensation will be applied, and the latter will cover all civil airlines, whether domestic or foreign.
Regarding overbooking, the Minister of Transport and Logistics clarified that no country prohibits it, adding that the airline can sell the same ticket twice, but it will lose its reputation as a result, and therefore the customers will turn to other airlines.
In the same vein, the Montreal Convention, which entered into force on November 4, 2003, aims to unify and update numerous liability rules in international air transport concerning passenger compensation, and the latter includes the rights passengers in different situations such as delays, lost baggage, injury or death.
The convention also states that “ If passengers or their luggage are delayed, they are entitled to compensation of up to approximately 5,346 Special Drawing Rights (SDRs), a unit of account used by the International Monetary Fund and whose value changes over time“.
In the event of loss or damage to checked baggage, passengers can claim compensation of up to 1,288 Special Drawing Rights (SDR). Passengers should report to the airline as soon as possible, and often this is requested within 7 days of receiving the damaged baggage or within 21 days of the expected date of receipt of the lost baggage.
In the event of injury or death of a passenger resulting from an accident occurring on board the aircraft or during any operation related to boarding or disembarkation, the airline is held responsible and must pay compensation of up to 113,100 special drawing rights (SDR), without the need for the victim to prove any fault on the part of the company.
Not that, in the event of an increase in compensation, the passenger or his heirs can demonstrate that the fault or negligence of the airline is the cause of the accident. To facilitate the application process, it is imperative that passengers retain all flight-related documents, including airline tickets, boarding passes and baggage receipts.
