Passenger Rights Protection Regulations

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  • Board of Directors Decision of the General Authority of Civil Aviation No. (574/36) dated 18/11/1444 AH

  • The Board of Directors of the General Authority of Civil Aviation

  • Based on the powers granted to it by law, and pursuant to paragraph (12) ofArticle (6) of the Statute of the General Authority of Civil Aviationissued by the Council of Ministers Decision No. (33) dated 11/2/1426 AH, which includes that one of the powers of the Board of Directors of the Authority is to approve the regulatory bylaws of this statute.

  • After reviewing the recommendation of the Executive Committee contained in the minutes of the twelfth committee meeting held on 8/11/1444 AH, which included submitting to the Board on the occasion of approving the Passenger Rights Protection Bylaw.

  • And based on the deliberations and discussions of the Board members on this matter during the thirty-sixth meeting / fifth session held on Wednesday, 18/11/1444 AH corresponding to 7/6/2023 AD.

  • And based on what the public interest requires.

  • The Board decided the following:

    • First: Approve the Passenger Rights Bylaw in the attached form.

    • Second: This decision shall be communicated to those concerned for implementation.

  • And Allah is the Grantor of success.

Section One: Definitions, Objectives, and Scope of Application

Article One: Definitions

  • First: For the purposes of this Regulation, the following words and expressions shall have the meaning assigned to them below, unless the text indicated otherwise:

    • 1) KSA: the Kingdom of Saudi Arabia.

    • 2) GACA: the General Authority of Civil Aviation.

    • 3) Board of Directors: the Board of Directors of GACA.

    • 4) President: the President of GACA.

    • 5) Law: the Civil Aviation Law.

    • 6) Regulation: the Passenger Rights Protection Regulations.

    • 7) Passenger: A passenger who enters into a contract with the air carrier that operated flights to which the scope of this Regulation applies.

    • 8) Passenger Rights Protection Department: the competent department at GACA that supervises all matters related to the protection of passenger rights.

    • 9) Special Drawing Right Unit (SDR Unit): the calculation unit adopted bythe Convention for the Unification of Certain Rules for International Carriage by Air, held in Montreal in 1999, to define the limits of liability in the local currency, which is periodically updated by the International Monetary Fund.

    • 10) Travel Ticket: A document or electronic record issued by the air carrier that pertains a confirmed booking for the passenger to transport from the point of departure to the point of arrival on a specific flight with a specific date, time, and class of service.

    • 11) Charter Transport: the irregular commercial air transport of individuals and their baggage on a duration basis, flight distance basis, or flight basis when the aircraft or aircrafts are fully loaded for the benefit of the charter (lessee).

    • 12) Special Needs Passengers: persons with a disability or any passengers whose travel requires prior special arrangements with the air carrier to complete the travel procedures and board the aircraft. This includes the elderly, pregnant women, children, overweight individuals, or those with temporary movement difficulty for medical reasons.

    • 13) Carry-on Baggage: the baggage that the passengers carryalong in the cabin of the aircraft.

    • 14) Checked Baggage: the baggage that the air carrier agrees to transport in the aircraft’s baggage storage unit.

    • 15) Overbooking: the practice of selling bookings by the air carrier to a number of passengers exceeding the number of seats that the aircraft can accommodate.

    • 16) Denial of Boarding: the refusal to transport a passenger on the flight specified on the reservation due to overbooking.

    • 17) Force Majeure: an exceptional event or condition that is beyond the control of the air carrier, and which cannot be expected, predicted, or avoided during the normal practice of activities, and such event will cause a delay in flights, a change in the flight schedule of the air carrier, or cancellation of flights.

    • 18) Final Destination: the station/destination on which the flight ends, whether for non-stop flights or directly connected flights, as per the agreed-upon reservation.

    • 19) Supporting Tools and Equipment: this includes, for example, any manual or electric wheelchair, walker, cane, crutch, prosthetic limb, or other aid specifically designed to assist a person with a disability or limited mobility, and whose condition requires the use of such mobility aids.

    • 20) Tarmac Delay: the time the aircraft remains on the ground, starting from the completion of the boarding until the time it takes off. For departing flights, Tarmac Delay is calculated starting from the time on which the boarding is completed until the time of the aircraft’s departure. In case of arriving flights, Tarmac Delay is calculated starting from the time the aircraft lands on the tarmac until the passengers are allowed to depart the aircraft

    • 21) Ticket Price: the full price paid for the ticket, inclusive of any taxes and other fees, including the administrative fee charged by the air carrier for all optional and non-optional services included in the ticket.

    • 22) Travel Organizer: any licensed operator who organizes trips and tourist programs, sells and markets them inside or outside the Kingdom to the public on a regular basis for a fee, and this includes providing air transport as part of the travel package.

    • 23) Care: the necessary care and services that the air carrier must provide to passengers in accordance with the Regulations.

    • 24) Support: the instructions, directives,and information that the air carrier is obligated to provide to passengers when the air carrier is unable to fulfill the obligations entrusted to the air carrier under the contract of carriage.

  • Second: for any terms not defined in this Regulations, the definitions set out in the relevant international treaties in which the Kingdom is a party, law, or regulations shall apply thereto.

Article Two: Objectives

  • The Regulations aim to:

    • 1. Contribute to improving air transport services and enhancing their efficiency.

    • 2. Regulate the activities of providing service from the air carrier to the passenger, and achieve sustainable integration.

    • 3. Improve the experience of the passenger traveling from and to the Kingdom, and inside it, by offering the necessary care and support services.

    • 4. Enhance the preservation of passenger rights in order to obtain an organized, safe,and sensitive transport that is considerate of the needs of the passenger

Article Three: Scope of Application

  • Without prejudice to the provisions of the Law and theinternational treaties to which the Kingdom is a state party, the provisions of the Regulations shall apply to:

    • 1. All flights departing from any of the KSA airports, whether the air carrier is a national or foreign carrier.

    • 2. All flights arriving at KSA airports by a national carrier, unless the passenger is compensated according to the regulations of the country of departure.

    • 3. All passengers, including those traveling using discounted tickets or holders of benefits in accordance with the loyalty programs offered by the air carrier.

    • 4. Passengers who are traveling as part of travel packages with respect to air transport only, excluding other services.

    • 5. Passenger complaints related to baggage for flights arriving to KSA on a foreign air carrier.

Article Four: Contractual Relationship

  • 1. The relationship between the air carrier and the passenger is established and becomes subject to the terms of the Regulations upon issuing the Reservation.

  • 2. Upon executing the air flight, or any part thereof, through an actual air carrier, the actual carrier shall be liable for applying the provisions of the Regulations toward the passenger within the limits of the part of flight implemented by the actual carrier, while the contracting carrier is liable for the whole flight.

  • 3. The air carrier shall be responsible for providing the services specified in the Regulations. The air carrier shall not invoke their non-availability or the possibility of their non-availability unless the air carrier notifies the passenger of this when making the reservation.

Section Two: Passenger Rights

Article Five: Passenger Rights

  • The air carrier shall provide the following rights to the passenger:

    • 1. Transparency: The passenger shall be provided with all needed information regarding the completion of the Reservation in accordance with the air carriage contract, as well as the mechanism for dealing with flight delays, cancellations, Denial of Boarding, baggage delay or damage, and so on, in accordance with the details provided in the Regulations. In addition to clearly and not misleadingly announcing the ticket price components, including discounted promotions.

    • 2. Effectiveness of communication channels: Where the passenger is able to communicate quickly and effectively with the air carrier to complete the Reservation and travel procedures, and to obtain the necessary care and support when needed inside and outside the airport.

    • 3. Commitment to the dates specified in the flight schedule: Commitment to the departure and arrival times specified in the flight schedule and shown in the Reservation.

    • 4. Not to deny boarding Commit to boarding the passenger on the flight according to the Reservation, and to provide the needed care and support when boarding is not possible, in accordance with the terms of the Regulations.

    • 5. Handover of Checked Baggage: Delivery of checked baggage at the same destination agreed upon in the Reservation, intact and without delay.

    • 6. Loyalty programs: Clarify the terms and conditions of loyalty programs to the Passengerand abide by all the promises and benefits contained therein, provided that this does not lead to a violation of the provisions of the Regulations.

    • 7. Care and Support: Provide the needed care and support in the cases that require it in accordance with the provisions of the Regulations.

    • 8. Compensation: Compensate the Passenger in cases that require compensation in accordance with the provisions of the Regulations.

Article Six: Passenger Obligations

  • The passenger is required to:

    • 1. Review the terms and conditions of the carriage contract, as published by the air carrier, before making the reservation.

    • 2. Provide the air carrier with the correct contact information when making the Reservation.

    • 3. Show up at the airport at the time specified by the air carrier to finalize travel formalities and follow the air carrier’s instructions issued to that effect.

    • 4. Provide all documents and fulfill all legal requirements necessary for traveling, according to the regulations and instructions of the country of departure, the country of arrival, and the countries of stopovers.

    • 5. Discloseto the air carrier ofany disabilities or special needs – if any – when making the reservation.

    • 6. Commit to public decency and avoid any action that would affect the safety of the flight or disrupt its take-off at the scheduled time, or any action that could result in considering the passenger as a unruly passenger, according to Article (168) of the Law.

Article Seven: Air Carrier Obligations

  • The air carrier is required to:

    • 1. Ensure that the passenger has all official papers and documents necessary forenteringthe KSA or leaving it to the final destination, as well as the required documents for the transit airports.

    • 2. Explain the terms and conditions of the air carriage contract in a simple manner that can be read by the passenger and make it available in Arabic and English languages, provided that it shall include the following:

      •  • Ticket prices.

      • • Flight schedules.

      • • Loyalty program benefits.

      • • Services available to persons with disabilities and Special Needs Passengers.

      • • A communications mechanism in cases of a flight delay, flight cancellation, Denial of Boarding, or damage or delay of baggage.

      • • A mechanism for obtaining care, support, and compensation in case of a flight delay, flight cancellation, or Denial of Boarding.

  • 3. Publish the Regulations on the air carrier’s website and points of sale for awareness, along with any related policies and procedures in Arabic and English languages.

  • 4. Inform the passenger as soon as information is available regarding flight prepone, Denial of Boarding, flight cancellation, or flight delay. The notification shall include any additional delays according to the details provided in the Regulations, and the air carrier must explain the following:

    • a. The cause of flight preponing, Denial of Boarding, flight cancellation, or flight delay.

    • b. Compensation options that the passenger is entitled to.

    • c. Types of care and support services that the air carrier offers to the passenger.

  • 5. Communicate with the passenger in cases requiring care, support, and compensation. The air carrier is not exempted from this obligation if the passenger does not subscribe to the paid text messages service.

  • 6. Provide GACA without delay with all necessary information, records, proofs, and documents for the related flights – including audio recordings, video recordings, electronic records, and reports – that GACA requests.

  • 7. The air carrier must make availablea system related to passenger rights protection adopted by GACA, provided that such system includes an appropriate mechanism for processing the issues that face the passenger, and guarantees providing the needed resources to support the passenger in cases of operational disturbance.

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