Implementing Regulation for the Protection of Customer Rights

Article 1: Definition of Terms:

  • For the purposes of this Regulation, the words and phrases listed below shall have the meanings indicated next to them unless the context requires otherwise:

    • 1. The Kingdom: The Kingdom of Saudi Arabia.

    • 2. The Authority: The General Authority of Civil Aviation.

    • 3. The Board of Directors: The Board of Directors of the General Authority of Civil Aviation.

    • 4. The Chairman of the Board: The Chairman of the Board of Directors of the General Authority of Civil Aviation.

    • 5. The President: The President of the General Authority of Civil Aviation.

    • 6. The Law: The Civil Aviation Law.

    • 7. The Regulation: The Implementing Regulation for the Protection of Customer Rights.

    • 8. Customer Protection Department: The department responsible within the Authority for overseeing all matters related to the protection of customer rights.

    • 9. The Customer: The passenger who contracts with the air carrier operating flights subject to the application of this Regulation.

    • 10. Customers with Special Needs: Passengers who require special assistance and care to complete their travel procedures and board the aircraft.

    • 11. Care: The necessary care and services that the air carrier must provide to customers under this Regulation.

    • 12. The Volunteer: The passenger who voluntarily responds to the air carrier's request to relinquish their seat and willingly accepts the compensation offered by the carrier in exchange for giving up their confirmed reserved seat.

    • 13. The Air Carrier: Any entity with legal personality recognized by law and licensed to operate in the air transport sector according to the Kingdom's regulations, operating regular or irregular air routes for the transport of passengers, mail, goods, or any of them.

    • 14. Confirmed Reservation: The space requested by the passenger from the air carrier on a specific flight on a specific date and class of service, confirmed by the air carrier with a distinctive mark on the travel ticket or by any other method used by the air carrier indicating that the space is reserved for the customer.

    • 15. Departure Time: The scheduled time for the flight's departure according to the flight schedule approved by the Authority and announced by the air carrier.

    • 16. Flight Delays: The delay of the flight beyond the approved departure time announced by the air carrier.

    • 17. Travel Status: The presence of the customer within the air carrier's service from the moment they receive their boarding pass until the moment they leave the aircraft and collect their luggage.

    • 18. Force Majeure: An event or exceptional circumstance that the air carrier could not foresee or predict and could not avoid by taking all reasonable measures necessary to prevent damage, or it was impossible for the air carrier to take such measures.

    • 19. Exchange Voucher: An electronic or manual voucher that proves the customer's financial right with the air carrier.

    • 20. Special Drawing Rights Unit: The monetary standard of the International Monetary Fund, converted to the equivalent of the Saudi Riyal.

Article 2: Scope of Application:

  • Without prejudice to the provisions of the international treaties to which the Kingdom is a party and their amendments, the provisions of this Regulation shall apply to:

    • 1. Flights departing from the airports of the Kingdom, whether the air carrier is national or foreign.

    • 2. Flights arriving by a national air carrier, unless the passenger is compensated or assisted according to the regulations of the country of departure.

Article 3: Jurisdiction of the Customer Protection Department:

  • Implementing the provisions of the Regulation and putting them into effect, and it has, for example and not limited to, the following powers:

    • 1. Issuing the necessary instructions and mechanisms for its implementation.

    • 2. Supervising the guidance of clients and entities operating in the air transport sector regarding customer rights and the mechanism for dealing with them.

    • 3. Receiving customer complaints against air carriers within the scope of protecting customer rights, reviewing and analyzing them, and requesting any data from air carriers to resolve issues related to those complaints.

    • 4. Establishing policies related to customer rights in accordance with this Regulation and obtaining approval from the authorized person.

    • 5. Proposing any amendment to the provisions of the Regulation to the President for consideration of referral to the Board of Directors.

    • 6. Referring violations of the provisions of the Regulation to the committee referred to in Article (174) of the Law for adjudication.

Article 4: Contractual Relationship:

  • The contractual relationship between the air carrier and the customer is established upon the completion of the air carrier's issuance of the confirmed reservation. The air carrier shall be responsible for the customer from the moment the customer is within the air carrier's service area, including the travel status.

Article 5: Client Obligations:

  • The client must adhere to the following:

    • ‎1. Review the terms and conditions of the transport contract before completing the confirmed booking.

    • 2. Declare any special needs, if any, before completing the confirmed booking.

    • 3. Arrive at the airport at the time specified by the air carrier to complete travel procedures and follow the instructions announced by the air carrier for that purpose.

    • 4. Complete all legal travel documents and requirements.

Article 6: Obligations of the Air Carrier:

  • The air carrier must comply with the following:

    • 1. Apply all provisions of the regulation.

    • 2. Provide the authority without delay with all information, records, and documents required for the purpose of applying the provisions of the regulation.

    • 3. Submit monthly reports to the Customer Protection Department regarding delayed and canceled flights, cases of denied boarding, and complaints received from customers. The failure to submit these monthly reports shall be considered an implicit acknowledgment of not taking the necessary precautions to avoid the damages incurred by the customer.

    • 4. Adhere to the laws, instructions, and circulars issued by the authority and related laws and instructions.

    • 5. Submit any change, addition, deletion, or modification to any policy affecting customer rights to the authority for approval.

    • 6. Clarify the terms and conditions of the transport contract to the customer before completing the confirmed booking by any means.

    • 7. Ensure that the customer has fulfilled all legal travel documents and requirements according to the instructions available in this regard.

Article 7: Care and Support:

Article 8: Refusal of Embarkation:

  • 1. The air carrier is obligated to limit the number of denied boarding passengers on the flight.

  • 2. The air carrier must not deny boarding to any customer on the flight when alternative seats are available on the same flight in a higher class than the boarding class agreed upon with the customer, and is obligated to upgrade the boarding class to the higher class at no additional cost.

  • 3. In the event that the air carrier denies boarding to any customer due to the unavailability of alternative seats on the same flight, it must immediately do the following:

    • A- Provide the customer with comprehensive information about their rights in the event of denied boarding in a clear and written manner and offer the necessary guidance in this regard.

    • B- Provide the customer with the option to travel on another flight with the same air carrier or with another air carrier, with the air carrier bearing any difference in boarding costs, if applicable.

    • C- If the air carrier denies boarding to the customer, and the customer decides to terminate the contract, the air carrier is obligated to refund the ticket value (for the unused segment), in addition to compensation equal to (100%) of that value.

    • E- The customer is not entitled to compensation for denied boarding on the flight in the following cases:

      • 1. Failure to comply with the provisions of Article Five of this Regulation.

      • 2. If the air carrier provides similar air transport within (6) six hours from the originally scheduled departure time.

    • و - The air carrier may announce a request for volunteer passengers to give up their seats in exchange for an offer presented to them.

Article 9: Reduction of Degree:

  • 1. A downgrade on the same flight shall not be considered a refusal of boarding.

  • ‎2. The air carrier is obligated not to refuse boarding to any customer on the flight when alternative seats are available on the same flight in a lower class than the boarding class agreed upon with the customer. In this case, the carrier must inform the customer of the availability of alternative seats in the lower class. The processing shall be as follows:

    • ‎A- If the customer agrees to the downgrade, they must be compensated for the full price difference between the original boarding class and the class in which they traveled for the portion of the flight where the boarding class was downgraded, according to the lowest price in the class to which the downgrade was made, in addition to compensation equal to (50%) of that value. This compensation shall not replace any other compensations or any damages resulting from the downgrade of the boarding class.

    • ‎B- If the customer decides to terminate the contract, the value of the ticket (unused segment) must be refunded, in addition to compensation equal to (100%) of that value. This compensation shall not replace any other compensations or any damages resulting from the refusal of boarding.

    • ‎C- Providing the care and services stipulated in Article Seven of this regulation.

Article 10: Cancellation of Flights:

  • 1. In cases other than force majeure, the air carrier may not cancel scheduled flights.

  • 2. The air carrier must inform the customer of the flight cancellation before the scheduled departure time, taking into account the following:

    • ‎A- For international flights:

      • ‎1) If the air carrier informs the customer of the flight cancellation more than (14) days before the originally scheduled departure time, the air carrier is exempt from the requirements of care and assistance, and must refund the ticket value or the remaining part of the journey to the customer and compensate them with an amount equivalent to (100%) of the value of the unused itinerary.

      • ‎2) If the air carrier informs the customer of the flight cancellation from (14) days to (24) hours before the originally scheduled departure time, the air carrier must offer the customer the choice between finding an alternative flight within less than (24) hours from the originally scheduled departure time, or terminating the contract in accordance with paragraph (6) of this article.

    • ‎B- For domestic flights:  

      • ‎1) If the air carrier informs the customer of the flight cancellation more than (7) days before the originally scheduled departure time, the air carrier is exempt from the requirements of care and assistance, and must refund the ticket value or the remaining part of the journey to the customer and compensate them with an amount equivalent to (100%) of the value of the unused itinerary.

      • 2) If the air carrier informs the customer of the flight cancellation from (7) days to (24) hours before the originally scheduled departure time, the air carrier must offer the customer the choice between finding an alternative flight within less than (24) hours from the originally scheduled departure time, or terminating the contract in accordance with paragraph (6) of this article.

  • 3. If the air carrier informs the customer of the flight cancellation (international or domestic) from (24) hours to (4) hours before the originally scheduled departure time and the air carrier is unable to provide an alternative flight within (6) hours from the originally scheduled departure time, and the customer is forced to book with another air carrier, the original carrier must refund the ticket value (the unused itinerary) plus compensation equivalent to (100%) of that value, without prejudice to the customer's right to the care and assistance requirements stipulated in Article Seven of this Regulation.

  • 4. In the event that the customer chooses an alternative flight to the canceled flight in accordance with paragraphs (2/A/2) (2/B/2) of this article, and this results in extending the customer's hotel stay until the alternative flight, the air carrier shall bear the costs of hotel accommodation, meals, and transportation to and from the airport for the additional duration for each customer until the new travel date.

  • 5. If the flight is canceled while the customer is at the airport, the air carrier must secure an alternative flight for the canceled one and deal with the customer as follows:

    • A- If the alternative flight is in a higher class with the same air carrier or with another air carrier in any class, the air carrier shall bear the cost difference.

    • ‎B - If the alternative flight is with the same air carrier or with another air carrier in a lower boarding class, the contracting air carrier is obliged to refund the difference in class value at the lowest price for the class that was boarded, in addition to compensating the customer with an amount equivalent to (50%) of that value.

    • C- In all cases, the air carrier is obliged to provide the care stipulated in Article Seven of this Regulation until the departure time of the alternative flight.

  • ‎6. Notwithstanding the provisions of paragraph (4) of this article, if the customer decides to terminate the contract with the air carrier due to the flight cancellation, the air carrier must refund the ticket value (the unused itinerary) plus compensation equivalent to (50%) of that value.

  • 7. Notwithstanding the provisions of the previous paragraphs of this article, in the event of flight cancellations at airports where there are no other regular and continuous flights available daily, the cancellation shall result in the following:

    • A - The air carrier must secure an alternative flight for the canceled flight with the same air carrier or with another air carrier within a period not exceeding (6) hours from the scheduled departure time of the canceled flight.

    • ‎B- If the difference between the canceled flight and the alternative flight exceeds (6) hours, the air carrier is obliged to provide the care stipulated in Article Seven of this Regulation until the departure time of the alternative flight.

    • ‎C- The air carrier, after obtaining the customer's approval, must provide ground transportation to ensure the customer's arrival at their destination or to the nearest airport from which they can depart to their point of arrival, and must refund the full ticket value for that part of the journey to the customer according to the class purchased, in addition to compensation equivalent to (50%) of that value.

    • ‎D- In the cases stipulated in paragraphs (7/B) and (7/C) of this article, if the customer decides to terminate the contract, the air carrier must refund the ticket value for the entire journey or the remaining part of it to the customer in addition to compensation equivalent to (100%) of that value.

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