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Hadi Naser

Libya’s Ministry of Transport Issues New Passenger Rights Protection Regulation

| Hadi Naser

In a significant step toward enhancing consumer protection in the aviation sector, Libya’s Minister of Transport, Professor Mohamed Salem Al-Shahoubi, issued Decision No. 84 of 2024, approving the Passenger Rights Protection Regulation. This regulation establishes clear rights for air travelers and sets obligations for airlines to ensure fair treatment, transparency, and accountability. Effective January 22, 2024, it aligns Libya’s air transport regulations with international best practices, reinforcing its commitment to improving passenger experiences.

Key Provisions of the Regulation

The regulation introduces several essential provisions designed to protect passengers in cases of flight disruptions, denied boarding, baggage handling, and service quality. Some of the most critical aspects include:

1. Flight Delays and Cancellations

  • Airlines must notify passengers of flight delays at least 45 minutes before departure and provide a new departure time.
  • If a flight is delayed for more than six hours, passengers have the right to request the flight be treated as canceled, with compensation or rebooking options.
  • For cancellations, airlines must either:
    • Provide an alternative flight within 24 hours or
    • Depending on the circumstances, offer a full refund plus compensation of 50% to 100% of the ticket value.
  • Airlines must provide immediate care, accommodation, and alternative flight arrangements if cancellations occur at the airport.

2. Denied Boarding and Overbooking

  • Airlines must seek volunteers before denying passengers boarding if they overbook a flight.
  • If a passenger is involuntarily denied boarding, they must be compensated or rebooked on the next available flight at no extra charge.
  • If no suitable alternative is provided within six hours, passengers are entitled to a full refund plus 100% compensation.

3. Rights of Passengers with Special Needs

  • Airlines cannot deny boarding to passengers with disabilities unless required for safety reasons.
  • Exceptional assistance, including wheelchairs, boarding assistance, and accessible communication, must be provided free.
  • If a passenger with a disability is denied boarding or downgraded, they are entitled to alternative travel arrangements or compensation up to 200% of the ticket value.

4. Baggage Compensation

  • Passengers must be compensated for lost, damaged, or delayed baggage with amounts ranging from 350 to 1,131 Special Drawing Rights (SDRs).
  • Delayed baggage compensation starts at 20 SDRs per day, with a maximum of 100 SDRs for domestic flights and 200 SDRs for international flights.
  • Passengers carrying valuable items must declare them and purchase additional insurance to qualify for higher compensation.

5. Transparency in Pricing and Advertising

  • Airlines must disclose all ticket prices, extra fees, and refund policies in their advertising and booking systems.
  • No hidden fees can be added after booking unless explicitly mentioned.
  • Changes to bookings must be communicated in advance, with clear conditions for modification fees.

6. Complaint Procedures and Enforcement

  • Airlines must set up a public complaint mechanism and provide passengers with a reference number for their complaints.
  • Complaints must be addressed within 15 days, or the claim is considered valid by default.
  • Passengers have up to 30 days from the incident to file a formal complaint with the Civil Aviation Authority.
  • Non-compliance by airlines may result in penalties and fines, to be determined by a separate Ministerial Order.

Implementation and Future Amendments

The Ministry of Transport can revise or amend this regulation as necessary to align with evolving international aviation standards. The regulation applies to all flights departing from Libya, whether operated by domestic or foreign carriers, and to Libyan-operated flights abroad unless passengers have already been compensated under the regulations of the departure country.

With this regulation, Libya takes a decisive step toward ensuring passenger protection, improved airline accountability, and enhanced service standards, positioning itself as a responsible player in the global aviation industry.

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