Decision No. 84 of 2024 Issued by the Minister of Transport Regarding the Approval of the Passenger Rights Protection Regulation

To enhance passenger rights and improve air travel standards in Libya, the Minister of Transport, Mr. Mohamed Salem Al-Shahoubi, issued Decision No. 84 of 2024, approving the Passenger Rights Protection Regulation. This regulation ensures fair treatment, transparency, and accountability in cases of flight delays, cancellations, denied boarding, baggage issues, and special assistance for passengers with disabilities.

The regulation, Effective January 22, 2024, set clear guidelines for compensation, complaint handling, and carrier responsibilities, reinforcing international aviation best practices.

Minister of Transport:

After reviewing:

• Following the Declaration of Victory of the February 17 Revolution on February 22, 2011, and the subsequent Interim Constitutional Declaration and Political Agreement signed on December 17, 2015, the need for a comprehensive Passenger Rights Protection Regulation became evident.
• The Interim Constitutional Declaration and its amendments.
• The Political Agreement was signed on December 17, 2015.
• The outcomes of the Libyan Political Dialogue Forum held on November 9, 2020.
• The state's financial system.
• Law No. 12 of 2010 on Labor Relations and its Executive Regulations.
• House of Representatives Decision No. 1 of 2021 granting the Government of National Unity confidence.
• Cabinet Decision No. 251 of 2022 approving the organizational structure and defining the competencies of the Ministry of Transport and the administrative structure.
• Minister of Transport Decision No. 536 of 2022 approving the internal organization of the Ministry of Transport.
• Letter No. M.T.M 42441/1/2 from the President of the Civil Aviation Authority, dated July 16, 2023.
• And in consideration of the public interest.

Article 1

Under the authority of the Minister of Transport, the Passenger Rights Protection Regulation for air transport is approved and enacted.

Article 2

This decision will become effective on the date of its issuance, and the relevant authorities will implement it. Any provision contrary to its provisions is hereby repealed.

Mohamed Salem Al-Shahoubi
Minister of Transport
January 22, 2024

Passenger Rights Protection Regulation

Article 1

Definitions

To implement the provisions of this regulation, the following terms and phrases shall have the meanings assigned to them unless the context requires otherwise:

• State: The State of Libya.
• Authority: The Civil Aviation Authority.
• President: The President of the Civil Aviation Authority.
• Law: Libyan Civil Aviation Law No. 6 of 2005.
• Regulation: The Passenger Rights Protection Regulation.
• Air Transport Administration: The department within the Civil Aviation Authority is responsible for overseeing all matters related to passenger rights protection.
• Passenger: A traveler contracted with the carrier operating flights subject to this regulation.
• Persons with Special Needs: Passengers who require assistance or special care to complete their travel procedures and board the aircraft.
• Volunteer Passenger: A passenger who agrees to the airline’s request to voluntarily relinquish their reserved seat, class, or assigned seat and accepts the compensation offered by the airline in exchange for doing so.
• Air Carrier: Any legally recognized entity licensed to operate in the air transport sector by Libyan laws, regulations, and directives that operates scheduled or non-scheduled flights for the transportation of passengers, mail, cargo, or a combination thereof.
• Confirmed Reservation: The space requested by a passenger on a specific flight, on a particular date, and in a specific class of travel, which the air carrier has confirmed by marking the ticket or through another method used by the carrier to indicate that the reservation is confirmed for the passenger.
• Departure Time: The flight departure time as per the ticket record and the flight schedule approved by the Authority and announced by the air carrier in various booking systems.
• Flight Delay or Advancement: Rescheduling a flight earlier or later than the departure time approved by the Authority and announced by the air carrier or indicated on the travel ticket.
• Travel Status: The period in which the passenger is within the air carrier’s service scope, from the moment they receive their boarding pass until they leave the aircraft and collect their baggage.
• Force Majeure: An event or extraordinary circumstance that the air carrier could not foresee, predict, or avoid despite taking all reasonable measures necessary for the regular operation of the flight and damage prevention or where the air carrier couldn't take such measures.
• Exchange Voucher: A financial voucher, either electronic or manual, that proves the passengeeconomic rights with the air carrier.
• Special Drawing Rights (SDR): The International Monetary Fund’s monetary unit is converted into the Libyan Dinar equivalent.
• Overbooking: The practice of selling more reservations by the air carrier than the aircraft’s seating capacity.

Article 2

Scope of Application

Without prejudice to international treaties and agreements ratified by the Libyan State, the provisions of this regulation shall apply to all flights departing from or arriving in airports within the Libyan State, whether operated by a national or foreign air carrier.

1. Flights depart from airports in the Libyan State, whether operated by a national or foreign air carrier.
2. Flights arriving via a national air carrier unless the passenger has already been compensated or assisted under the departure country’s regulations.

Article 3

Contractual Relationship

The contractual relationship between the air carrier and the passenger is established once the carrier issues a travel ticket with a confirmed reservation. The airline is responsible for the passenger when it enters its service scope, including the travel status itself.

Article 4

Passenger Obligations

Passengers must comply with the following obligations:

1. Review the terms and conditions of the transport contract before completing the purchase and issuance of a confirmed travel ticket.
2. Disclose any special additional services required before completing the confirmed reservation and issuing the travel ticket.
3. Adhere to ticket conditions and be present at the departure airport at the time specified by the air carrier to complete travel procedures, following the air carrier's announced instructions.
4. Ensure their passport validity and other required documents, such as entry visas for the destination country.
5. Notify the air carrier when booking if special services are required for passengers with special needs or medical conditions.
6. Comply with the air carrier's baggage weight, size, and number instructions.
7. Inform the air carrier at the airport about valuable items in checked or carry-on baggage that require additional insurance.
8. The air carrier is not obligated to compensate for denied boarding if authorities prevent the passenger from traveling or the passenger fails to comply with announced obligations.

Article 5

Air Carrier Obligations

The air carrier must comply with the following:

1. Implement all provisions of this regulation.
2. Clearly explain the terms and conditions of the transport contract to the passenger before completing the confirmed booking and provide the necessary information accurately and promptly.
3. Provide service professionally and according to high standards through all service providers.
4. Establish a precise and publicly announced mechanism for handling passenger complaints.
5. Provide the Civil Aviation Authority with all necessary information, records, and documents to enforce the provisions of this regulation without delay.
6. Submit monthly reports to the Air Transport Administration regarding delayed and canceled flights, denied boarding cases, and passenger complaints. Failure to submit monthly reports will implicitly acknowledge that the air carrier and its employees have not taken the necessary precautions to prevent passenger harm.
7. Adhere to regulations, rules, decisions, and circulars issued by the Civil Aviation Authority.
8. Submit any changes, additions, deletions, or amendments to passenger rights policies to the Authority for approval.
9. Ensure that passengers meet all official travel document requirements based on available instructions.

Article 6

Care and Assistance

If the air carrier denies boarding, cancels a flight or delays it, it must provide care and assistance to passengers at any stage of the journey as follows:

1. Provide refreshments and drinks starting from the third hour of delay.
2. Provide an appropriate meal if the delay exceeds four hours from the initially scheduled departure time.
3. If the delay exceeds six hours from the initially scheduled departure time, provide hotel accommodation and transportation to and from the airport.

Article 7

Denied Boarding

The air carrier must comply with the following:

1. Minimize the number of passengers denied boarding on a flight.
2. The airline may not deny boarding to passengers with a confirmed reservation if alternative seats are available in a higher class than initially booked on the same flight. The airline must upgrade the passenger to the higher class free of charge.
3. If a passenger is denied boarding due to a lack of available seats, the air carrier must immediately:
   • (A) Provide the passenger with comprehensive written information about their rights in case of denied boarding and offer necessary guidance.
   • (B) Offer the passenger a choice between traveling on another class with the same air carrier or on another airline, with the original carrier covering any fare difference if applicable.
   • (C) If the passenger cancels the contract due to denied boarding, the air carrier must refund the unused portion of the ticket and provide additional compensation equal to 100% of the ticket value for the affected segment.
   • (D) The passenger is not entitled to compensation for denied boarding in the following cases:
     • If they fail to comply with Article 5 of this regulation.
     • If the air carrier provides an alternative flight within six hours of the originally scheduled departure time.
   • (E) The air carrier may request volunteers to relinquish their seats in exchange for a compensation offer.

Article 8

Downgrade of Travel Class

1. Downgrading a passenger’s class on the same flight does not constitute denied boarding.
2. The air carrier must not deny boarding to any passenger if alternative seats are available in a lower class than initially booked. In such cases, the air carrier must inform the passenger about the available lower-class seats and proceed as follows:
   • (A) If the passenger agrees to the downgrade, the air carrier must:
     • Refund the entire fare difference between the original class and the downgraded class for the affected segment based on the lowest fare in the downgraded class.
     • Provide compensation equal to 50% of the fare difference and the refund.
     • This compensation does not replace any other compensations or damages resulting from the downgrade.
   • (B) If the passenger chooses to cancel the contract due to the downgrade, the air carrier must:
     • Refund the unused portion of the ticket.
     • Provide additional compensation equal to 100% of the ticket value for the affected segment.
     • This compensation does not replace any other compensations or damages resulting from the downgrade.
   • (C) The air carrier must provide the care and assistance outlined in Article 7 of this regulation.

Article 9

Flight Cancellations

Except in cases of force majeure, air carriers are not allowed to cancel scheduled flights.

The air carrier must inform passengers of flight cancellations before the scheduled departure time while considering the following:

(A) For International Flights:

1. If the air carrier notifies the passenger of the flight cancellation at least 14 days before the scheduled departure, the airline is exempt from providing care and assistance. However, it must refund the ticket value or the remaining portion of the trip.
2. If the cancellation notification is given between 14 days and 24 hours before the scheduled departure, the air carrier must offer the passenger a choice between:
   • A replacement flight departs within 24 hours of the original departure time.
   • Contract termination as per Paragraph 6 of this article.

(B) For Domestic Flights:

1. Suppose the air carrier notifies the passenger of the flight cancellation at least 7 days before the scheduled departure. In that case, the carrier is exempt from providing care and assistance but must refund the ticket value or the remaining portion of the trip.
2. If the cancellation notification is given between 7 days and 24 hours before departure, the air carrier must offer the passenger a choice between:
   • A replacement flight departs within 24 hours of the original departure time.
   • Contract termination as per Paragraph 6 of this article.

For Cancellations Within 24 to 4 Hours of Departure:

If the air carrier cancels an international or domestic flight between 24 to 4 hours before the scheduled departure and fails to provide an alternative flight within 6 hours, forcing the passenger to book with another carrier, the original air carrier must:

• Immediately refund the unused portion of the ticket.
• Provide compensation equal to 100% of the refunded amount.
• This does not exempt the airline from providing care and assistance as stipulated in Article 7 of this regulation.

Extended Hotel Stays Due to Replacement Flights:

If a passenger chooses a replacement flight as per Sections 2(A) or 2(B), and this results in an extended stay at a hotel, the air carrier must cover the costs of:

• Additional hotel accommodation.
• Meals.
• Transportation to and from the airport will be provided for the additional duration until the new departure time.

Cancellations While the Passenger Is at the Airport:

If the flight is canceled while the passenger is already at the airport, the air carrier must secure an alternative flight and handle the passenger as follows:

1. If the alternative flight is in a higher class with the same or another air carrier, the original air carrier must cover the fare difference.
2. If the alternative flight is in a lower class, the air carrier must:
   • Refund the fare difference, calculated at the lowest fare in the downgraded class.
   • Provide compensation equal to 50% of the fare difference.
3. The air carrier must ensure care and assistance as outlined in Article 7 until the replacement flight departs.

Passenger’s Right to Cancel the Contract Due to Flight Cancellation:

If the passenger chooses to cancel their booking due to the flight cancellation (except in cases outlined in Paragraph 4), the air carrier must:

• Refund the unused portion of the ticket.
• Provide compensation equal to 50% of the refunded amount.

Exceptions for Airports With Limited Flight Availability:

For airports that lack regular and continuous daily flights, the following rules apply in case of flight cancellations:

1. The air carrier must secure an alternative flight within 6 hours on the exact airline or another carrier.
2. If the delay between the canceled and alternative flights exceeds 6 hours, the air carrier must provide care and assistance as per Article 7.
3. If the passenger agrees, the air carrier may provide ground transportation to:
   • The passenger’s final destination.
   • The nearest airport with available flights.
   • In this case, the air carrier must refund the full ticket value for the affected segment and provide compensation equal to 50% of the refunded amount.
4. If the passenger cancels the contract in the cases described in Paragraphs 7(B) and 7(C), the air carrier must:
   • Refund the full ticket value for the entire journey or remaining segments.
   • Provide compensation equal to 100% of the refunded amount.

Article 10

Flight Delays

1. Air carriers are not permitted to delay flights beyond their scheduled times unless required for security and safety reasons, as determined by field reports approved by the Civil Aviation Authority.
2. The air carrier must notify passengers of flight delays at least 45 minutes before the scheduled departure, specifying the new departure time in the notification.
3. Suppose a flight delay occurs while the passenger is staying at a hotel. In that case, the air carrier must cover the costs of extending the passenger's hotel accommodation until the new departure time and provide updated departure details and necessary instructions.
4. Suppose a flight is delayed or expected to be delayed by more than six (6) hours. In that case, the passenger has the right to request that the flight be treated as a canceled flight by the flight cancellation provisions in Article 9 of this regulation.
5. If the new departure time is delayed by more than six (6) hours, the air carrier must extend care and assistance to the passenger as specified in Article 7 of this regulation.

Article 11

Passengers with Special Needs

1. The air carrier may not deny boarding to a passenger with special needs after a confirmed ticket has been issued, except for security and safety reasons.
2. The air carrier must accommodate the needs of passengers with special needs at no additional cost, including but not limited to:
   1. Providing wheelchairs and clear signage at airports for boarding and disembarking.
   2. Offering assistance services for check-in, boarding, and disembarkation.
   3. Implementing measures to inform visually or hearing-impaired passengers about flight schedules, cancellations, delays, or changes.
   4. Providing special assistance in the event of flight cancellation, delay, or rerouting, along with the necessary care and compensation outlined in this regulation.
3. If a passenger with special needs is denied boarding or downgraded, the air carrier must:
   1. Secure the next direct or indirect flight to the passenger’s original destination that closely matches the schedule of the original booking.
   2. If the air carrier fails to provide an appropriate alternative flight or required services, the passenger must be compensated with 200% of the total ticket value.

Article 12

Lost Baggage

1. The air carrier must compensate passengers for lost, damaged, or delayed checked baggage as follows:
   • Not less than 350 SDRs (Special Drawing Rights)
   • Not exceeding 1,131 SDRs per passenger with a confirmed ticket or boarding pass.
2. If the passenger wishes to claim higher compensation due to valuable or high-priced items in their baggage, they must:
   • Declare the items and their value to the air carrier.
   • Purchase additional insurance before boarding.
   • Complete the necessary declaration forms provided by the air carrier.
3. The air carrier must compensate passengers for lost or damaged baggage within 30 days of receiving the compensation claim.
4. Compensation for delayed baggage will be as follows:
   • For domestic flights, 20 SDRs per day (up to a maximum of 100 SDRs).
   • 40 SDRs per day (up to a maximum of 200 SDRs) for international flights, payable upon the return of the delayed baggage.
5. This regulation treats each extra baggage as excess and requires a separate paid baggage tag.

Article 13

Filing Complaints

1. The air carrier must establish a publicly announced mechanism for receiving and responding to complaints using forms approved by the Civil Aviation Authority.
2. To file a complaint with the Air Transport Administration, the passenger must first register the complaint with the air carrier and obtain a reference number. The air carrier must provide this reference number to the passenger.
3. The passenger must submit their complaint to the Air Transport Administration at the Civil Aviation Authority within 30 days of the violation in question.
4. Suppose the air carrier fails to respond to the passenger’s complaint within 15 days of the Civil Aviation Authority notified it. In that case, the complaint will be considered valid by default.

Article 14

Ticket Refunds

1. The air carrier must refund ticket values or pay compensations specified in this regulation within 10 working days from the date the air carrier acknowledges the passenger’s right to a refund. The refund may be issued:
   • In cash
   • By bank transfer
   • By certified check
   • Through an electronic or manual miscellaneous charge order (MCO) based on the passenger’s preference.
2. If the refund is issued via MCO, the passenger has the right to:
   • (A) Redeem it in cash from any of the air carrier’s sales offices.
   • (B) Reuse it without additional fees for reissuance.
3. After receiving approval from the Civil Aviation Authority, the air carrier must publish its policies and procedures for compensation for delayed, damaged, or lost baggage on its official website and prominently display them at its sales offices and airports.
4. Compensation for additional damages resulting from the air carrier’s failure to comply with the terms and conditions of the transport contract (confirmed ticket) must be settled through legal proceedings in a competent court, where the extent of the damage and compensation amount will be determined.

Article 15

Force Majeure

1. In cases of force majeure, the air carrier must:
   1. Notify passengers continuously and in real-time about any developments or changes from the moment the force majeure is declared until it ends, providing necessary guidance.
   2. Be exempt from compensations outlined in this regulation.
   3. Provide appropriate care and assistance in such cases.
2. The air carrier may not invoke force majeure as a defense if the violation of this regulation is due to:
   1. A technical failure of the aircraft
   2. Operational or scheduling issues
   3. Misjudgment by the air carrier or its staff
   4. Negligence or misconduct by the air carrier or its agents

Article 16

Consecutive Transport and Stopover Points

1. For this regulation, consecutive transport carried out by multiple air carriers under commercial arrangements or marketing alliances is considered a single, indivisible journey, whether agreed upon in a single contract or a series of contracts. The journey does not lose its international status merely because one or more segments are fully executed within the territory of a single country.
2. Suppose the service is provided under commercial arrangements or marketing alliances, such as code-sharing operations. In that case, the air carrier must inform the passenger of this arrangement when booking the travel service.
3. The air carrier must inform passengers in advance about all stopover points in their journey, whether they are involved in the same aircraft or a different one.
4. The air carrier must disclose at the point of sale:
   • Which airline is operating each segment of the journey?
   • Which airline(s) does the passenger have a contractual agreement with for completing the journey?

Article 17 

Advertising and Pricing

1. The air carrier must adhere to transparency when advertising flights and services.
2. The air carrier must disclose its policies and procedures in Arabic and at least one other language, use available media and advertising channels, and prominently display them in sales offices and airports.
3. The air carrier prohibits misleading passengers about service prices or how they are provided in advertisements.
4. The air carrier must make all service prices available in automated booking systems and clearly state the pricing conditions.
5. Any additional fees beyond the advertised price must be explicitly stated in the same advertisement and visible within the promotional material.
6. The advertised prices must be the final total prices approved by the Civil Aviation Authority, and the air carrier cannot add any extra charges unless explicitly stated in approved advertising materials.
7. When booking a ticket, the air carrier must disclose the ​​fees for any modifications or changes the passenger requests after confirming the booking.

Article 18

General Provisions

1. The Air Transport Administration at the Civil Aviation Authority is responsible for implementing, interpreting, and overseeing compliance with this regulation. To fulfill this role, it may:
   1. Implement policies, instructions, regulations, and mechanisms necessary for enforcement.
   2. Guide passengers on their rights and how to claim them within the scope of this regulation.
   3. Receive, review, analyze, and process passenger complaints against air carriers related to their rights by the Civil Aviation Authority’s policy for handling such cases.
   4. Air carriers must submit regular reports on cases under this regulation and how they were handled.
   5. Air carriers must grant access to all technical systems for auditing and verifying compliance with this regulation.
2. The air carrier is fully responsible for ensuring passengers have the necessary documents to enter or exit Libya and their final destination or connecting airports. If the passenger is denied entry due to missing documents, the air carrier must:
   1. Cover the cost of returning the passenger to their point of departure.
   2. Cover accommodation expenses, if required.
   3. Provide care and assistance as necessary.

Article 19 

Penalties and Fines

Without prejudice to the compensations due to passengers as stipulated in this regulation and other applicable legislation, the Minister of Transport, based on a recommendation from the President of the Civil Aviation Authority, shall issue a separate regulation specifying penalties and fines for violations of the provisions of this regulation.

Article 20 

Amendment Authority

The Minister of Transport has the authority to amend the provisions of this regulation based on a proposal from the President of the Civil Aviation Authority.

Article 21 

Implementation of the Regulation

This regulation takes effect from the date of its issuance, and any provisions that contradict its terms are nullified.

• Mohamed Salem Al-Shahoubi
• Minister of Transport
• January 22, 2024