Mechanism of dealing with suspension of flights tied to policies of each airline

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‘Exceptional situation whole world going through’

KUWAIT CITY, March 9: Director of Air Transport Department of the Directorate General of Civil Aviation (DGCA) Abdullah Al-Rajhi affirmed that the mechanism of dealing with the consequences of recent flight cancellations is directly determined by the policies of each airline with its customers, and in accordance with the contractual terms of each air carrier consented to during issuance of the ticket, reports Al-Rai daily.

In a statement to the daily, Al-Rajhi indicated “what is happening now is an exceptional situation the whole world is going through, and all airlines around the world are exposed to it”, adding the main determinant in dealing with the repercussions is for the airlines to understand the situation, especially as they are responsible for preserving the rights of travelers who did not enter Kuwait when their flights returned midair to their points of departure, as well as those whose flights were canceled this week.

Cancelled
Al-Rajhi noted the cases of flights that were either cancelled or returned to their first point of departure are devoid of the characteristics of damages the airline companies leave their customers, as the issue is attributable to an exceptional situation in which decisions were imposed to stop flights to and from Kuwait in line with stipulations on “force majeure, epidemics and natural disasters” as mentioned in the general framework of air transport policies and developed by the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA).

He pointed out that the general framework requires the air transport companies take responsibility for their passengers and preserve their rights according to the policy of each company and compensation mechanisms in the signing of contracts with customers, which vary by ticket type. He added the method of dealing with return-tickets is different from that of one-way tickets.

He stressed the decision of suspending flights from Kuwait International Airport to Bangladesh, the Philippines, India, Sri Lanka, Syria, Lebanon and Egypt for a week is within the framework of the state’s move toward managing the spread of corona virus to preserve the safety of passengers in the first place.

Rights
Al-Rajhi noted the travel and tour offices are also concerned with the rights of passengers in this case, as their relationship with customers is direct, although they book tickets on the flights of air carriers according to the latter’s own policies.

This means the rights of passengers who did not complete their flights or those whose flights were canceled will be subject to the airlines’ estimates and policies towards passengers, especially as those companies have an interest in preserving their customers and protecting their rights through the recognized mechanism of dealing with the consequences of flight cancellations, which are often done through two options:

1: Issuance of alternative tickets: As companies in such circumstances issue alternative tickets to their clients to return to Kuwait or travel from Kuwait at dates appropriate for them after the suspension has been lifted.

2: Compensating the value of tickets by keeping the value of the ticket with companies as a credit to the customer, which he can use at any time during a period to be determined by the air carrier, or providing the option of “cashback” where the customer gets the value of his ticket in cash.

Al-Rajhi described the two options as basis of the contractual relationship between companies and their traveling customers, as any option the companies make available to preserve their customers’ rights, in accordance with their policies, must be taken into account.

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