Oman’s CAA issues Passenger Rights Protection Regulation

Oman’s CAA issues Passenger Protection Rights Regulations

Muscat: The Civil Aviation Authority (CAA) on Sunday, September 8 , 2024 has issued Ministerial Decision NO. 757/2024 Passenger Rights Protection Regulation

Based on Royal Decree 65/2006 Approving the Accession of the Sultanate of Oman to the Convention for the Unification of Certain Rules for International Carriage by Air, And the Civil Aviation Law issued by Royal Decree No. 76/2019, And the Executive Regulations of the Civil Aviation Law issued by Decision No. 116/2023, And the approval of the Board of Directors of the Civil Aviation Authority, And In pursuance of public interest.

It is hereby decided

Article (1)

In applying the provisions of these regulations, the words and phrases contained therein shall have the same meaning as stipulated in the Civil Aviation Law and its Executive Regulations. The following words and phrases shall also have the meaning indicated next to each of them unless the context of the text requires another meaning:

Competent Authority: Sultanate of Oman Civil Aviation Authority.

The Convention: The convention for the unification of certain rules for international carriage by air (Montreal 1999), Rated by virtue of Royal Decree No. 65/2006.

Air Carrier: A juridical person licensed by the competent authority to operate air transport services for passengers, baggage, crew, and ground operation.

Passenger: A person under contract with an air carrier under the contract of Carriage.

Special-Needs Passenger: Any passenger who suffers from difficulty moving, such as the elderly, or health issues based on a medical certificate issued by an accredited health institution, or expectant mothers.

Volunteer: A passenger who surrenders his/her confirmed seat at the request of the air carrier in return for compensation.

Care: The services that are provided by the air carrier to the passenger, as stipulated in Article (38) of these regulations.

Support: The instructions, directives, and information provided by the air carrier to the passengers when they are unable to fulfill the obligations entrusted under the contract of carriage.

Confirmed Reservation: The space allocated to the passenger by the air carrier on a specific flight on a specific date and in a specific class through a distinctive mark on the ticket or any other means used by the air carrier.

Overbooking: A commercial practice of selling tickets for more than the aircraft’s capacity.

Stopover points: Airports and stations at which the air carrier stops within the flight path, whether on the same aircraft or on another aircraft.

Codeshare: a commercial practice by which an airline markets a flight that is operated by another airline. The partner airlines are allowed to use their own designators to market the flight: airline code and flight number.

Marketing Air Carrier: The air carrier that sells travel tickets.

Force Majeure: An extraordinary event or circumstance that is unexpected or unanticipated by the air carrier.

Special Drawing Rights (SDR): The unit of account adopted in the Conventions to determine compensation values against the local currency.

Article (2)

The provisions of these regulations apply to the following:

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

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

3. Domestic flights between the Sultanate of Oman airports.

4. A passenger holding a travel ticket issued under the frequent flyer program or any other commercial program offered by the air carrier or its representative.

The provisions of this regulation do not apply to passengers traveling free of charge or at a reduced fare that is not available to the public.

Article (3)

Flights arriving at the Sultanate of Oman airports by a foreign air carrier are subject to the departure country’s laws or international conventions which are related to the passenger’s rights and ratified by the departure country.

Article (4)

A contractual relationship shall arise between an air carrier and a passenger once the air carrier or its representative has completed the issuance of the travel ticket.

Article (5)

If code-sharing agreements are concluded between the operating air carrier and the marketing air carrier, the passenger has the right to refer to the operating carrier or marketing carrier to claim compensation for damages under these regulations. These carriers shall be jointly responsible for the passenger. However, in the event of a dispute between the two air carriers, the marketing carrier will be responsible for compensation.

Article (6)

If air transport services are provided through commercial or marketing agreements such as code-share operations, the air carrier is obliged to clearly inform the passenger about it.

Article (7)

An air carrier shall declare the passenger rights stipulated in these regulations on its website.

Article (8)

The passenger must adhere to the following:

1.Providing the air carrier or its representative with correct personal data and contact details during the booking procedure.

2.Comply with the safety and discipline instructions issued by the aircrew on board the aircraft.

3.Review the terms and conditions of the contract of carriage prior to completing the booking process.

4.Disclose any special needs thereof, if any, prior to confirming the reservation.

5.Complete the travel procedures at the time specified by the air carrier and follow the air carrier’s instructions.

6.Ensure the validity of travel documents and documents required for entry to the destination and stopping points.

Article (9)

The air carrier shall not be required to pay any compensation in the event the passenger fails to comply with any of the obligations prescribed in Article (8) of this regulation.

Article (10)

The air carrier must adhere to the following:

1.Providing the passenger with all the terms and conditions of the contract of carriage before completing the reservation process.

2.Providing the competent authority with all the required information, data, and statistics.

3.Refrain from accepting passengers who do not satisfy the travel documents and requirements.

4.Observe transparency in advertising the ticket fares, flights, and services provided thereby.

5.Avoid adding any undisclosed fees to the ticket’s fare or services.

Article (11)

If the air carrier fails to comply with its obligation stipulated in Clause (3) of Article (10) of these Regulations, it shall bear any consequences resulting from its acceptance of the passenger and shall be obligated to refund the full value of the travel ticket and provide the necessary care and support to the passenger.

Article (12)

The air carrier is obligated to limit overbooking. According to the criteria determined by the air carrier, the air carrier may prevent some passengers from traveling if the flight is overbooked and there is no volunteer.

Passengers with disabilities, special-needs passengers, first-degree relatives, unaccompanied minors and accompanying housemaids, are exempt from the travel ban.

Article (13)

If boarding is denied to passengers against their will, in accordance with the provisions of Article (12) of these regulations, The air carrier is obligated to:

1.Provide written information to the passenger about his rights.

2.Allow the passenger to choose between traveling on another flight of the same air Carrier or another air carrier, in which case the air carrier shall bear the difference in fare, if any.

3.Enable the passenger to travel when an alternative seat is available on the same flight in a higher class than the class contracted with the passenger, and the alternative class shall be free of charge.

Article (14)

A passenger shall not be entitled to compensation for denial of boarding in the following cases:

1.Noncompliance with the provisions of Article (8) of these Regulations.

2.Where the air carrier provides a comparable flight within less than (2) two hours as of the originally scheduled time of departure; without prejudice to the passenger’s right to care and support in accordance with the provisions of these regulations.

Article (15)

If the air carrier denies a passenger boarding and a similar flight is provided within (2) two hours to (6) six hours of the originally scheduled departure time, the air carrier shall be obligated to compensate the passenger (50%) fifty percent of the value of the travel ticket for the unused sector, without prejudice to the right of the passenger to receive the care and support as stipulated in these regulations.

Article (16)

In the event the air carrier denies a passenger boarding and a similar flight is provided for a period of more than (6) six hours from the originally scheduled departure time, the passenger has the right to demand compensation from the air carrier for the denial of boarding in accordance with the flight cancellation provisions stipulated in these regulations.

Article (17)

In the event the air carrier denies a passenger boarding and the passenger decides to terminate the contract, the air carrier shall

1.For unused tickets reimburse the full value of the unutilized ticket plus a compensation equal to (100%) of said value.

2.For partially utilized tickets, refund the value of the ticket (unutilized itinerary) plus compensation equal to (50%) of the total ticket value.

Article (18)

Other than in cases of force majeure and safety and security requirements, the air carrier may not cancel or delay flights beyond their scheduled times.

Article (19)

Where a flight is delayed while the passenger is in paid accommodation, the air carrier shall bear the cost of the accommodation extension until the alternative departure time.

Article (20)

If the flight is delayed for less than 6 hours, the passenger has the right to care and support in accordance with the provisions of these regulations. The air carrier shall be responsible for any financial costs incurred by the passenger due to this delay, in accordance with the provisions of the Montreal Convention.

Article (21)

Where a flight is delayed for more than (6) six hours, the passenger has the right to demand compensation from the air carrier for the flight delay in accordance with the flight cancellation provisions stipulated in these regulations.

Article (22)

Where the air carrier notifies the passenger of the cancellation of the international flights within a period not exceeding fourteen days (14) from the scheduled time of departure, the air carrier shall:

1.Explain to the passenger his rights to care and support.

2.Offer the passenger the available alternative flights and pay the passenger a compensation equal to:

» (108) Omani Riyals for all flights with a distance not exceeding (1,500) kilometers.

» (173) Omani Riyals for all flights with a distance between (1,500) and (3,500) kilometers.

» (260) Omani Riyals for all flights exceeding (3,500) kilometers.

The air distance between the departure airport and the final destination airport is taken into account when calculating the distance for the purpose of determining the compensation.

Article (23)

The passenger has the right to terminate the contract of carriage upon cancellation of the flight and non-acceptance of the alternative flight and refund the value of the travel ticket for the unused sector, including any additional fees he has paid, without prejudice to the passenger’s right to compensation in accordance with Article (22) of these regulations. The air carrier shall be exempted from providing care and support to the passenger.

Article (24)

No compensation shall be provided if the passenger is informed about the cancellation of the international flights at least fourteen days (14) before the scheduled time of departure. The passenger has the right to an alternative flight or to terminate the contract, and the air carrier is exempted from providing care and support.

The termination of the contract of carriage shall result in a refund of the unused sector, including any additional fees paid by the passenger to complete the reservation, such as seat selection fees, and baggage.

Article (25)

The air carrier must inform the passenger about the cancelation of a specific sector of a connecting flight and the passenger may request to reschedule the flight or to terminate the contract, and compensation shall be made for it in accordance with the provisions for canceling flights stipulated in these regulations

Article (26)

No compensation shall be offered in the event the passenger is offered an alternative flight to the final destination thereof, provided that the time of arrival to the final destination does not exceed the previously scheduled time by more than (2) hours.

Article (27)

The air carrier shall be liable for damages resulting from the diversion of international flights to an alternative airport other than the destination agreed upon in the contract of carriage in accordance with the terms and conditions of the Montreal Convention.

Article (28)

Where the passenger is offered an alternative international flight or a reroute to the final destination thereof, the compensation stipulated in Article (22) of these regulations may be reduced by (50%) fifty percent if the arrival time does not exceed the time set for it for the following:

1.(3) Three hours for all international flights that do not exceed (1500 km) one thousand five hundred kilometers.

2.(4) Four hours for all international flights between (1500 km) one thousand five hundred kilometers and (3500 km) three thousand five hundred kilometers.

3.(5) Five hours for all international flights exceeding (3500 km) three thousand five hundred kilometers.

Article (29)

The air carrier shall be liable for damage resulting from the early departure of the international flights or rerouting within a period not exceeding (14) fourteen days from the originally scheduled departure time, and the passenger shall be compensated in accordance with the terms and conditions of the Montreal Convention.

Article (30)

Where the air carrier notifies the passenger of the cancellation of a domestic flight within (24) twenty-four hours of the originally scheduled departure time, and the air carrier is unable to provide an alternative flight within (4) four hours of the originally scheduled time of departure, the air carrier shall compensate the passenger with an amount equivalent to the value of the travel ticket for the unused sector in addition to compensation equivalent to (100%) one hundred percent of that value, without prejudice to the passenger’s right to care and support.

Article (31)

Where the air carrier notifies the passenger of the cancellation of a domestic flight (24) twenty-four hours to (7) seven days prior to the originally scheduled time of departure, the air carrier shall provide an alternative flight and compensate the passenger with an amount equivalent to (50%) fifty percent of the total ticket value.

If the passenger chooses to terminate the contract, the air carrier shall reimburse the value of the ticket (unutilized itinerary) plus compensation equal to (50%) fifty percent of the total ticket value, and the air carrier shall be relieved from care and support requirements.

Article (32)

Where the air carrier notifies the passenger of the cancellation of a domestic flight (7) days prior to the originally scheduled time of departure, the air carrier shall provide an alternative flight within (24) hours from the originally scheduled time of departure and shall be relieved from care and support requirements.

If the passenger chooses to terminate the contract, the air carrier shall reimburse the value of the ticket (unutilized itinerary) If the alternative flight exceeds (24) hours from the original scheduled time of departure, the air carrier must compensate the passenger an amount equivalent to (50%) of the total value of the ticket.

Article (33)

Where a domestic flight is canceled while the passenger is in the airport, the air carrier shall deal with the passenger as follows:

1.Where the alternative flight is in a higher class, the air carrier shall bear the difference in fare if any.

2.Where the alternative flight is in a lower cabin, the air carrier shall reimburse the difference between the ticket value and lowest reservation booking designators (RBD) on which the passenger traveled, in addition, shall pay the passenger a compensation equal to (50%) of the total value of the original ticket.

The air carrier shall provide care and support in accordance with the provisions of these regulations.

Article (34)

The air carrier shall not deny any passenger boarding on a flight where there are alternative seats on the same flight in a class lower than that agreed on with the passenger. This case shall be handled as follows:

1.If the passenger accepts the downgrade, he/she shall be compensated for the full price difference between the original boarding class and the one in which he/she travels for the part of the flight subject to said downgrade as per the lowest reservation booking designators (RBD) in the cabin downgraded to, plus a compensation equal to (50%) of said amount.

2.If the passenger decides to terminate the contract, the value of the ticket (unutilized itinerary) shall be reimbursed plus a compensation equal to (50%) of said value, without prejudice to the passenger’s right to the care and support in accordance with the provisions of these regulations.

Downgrading on the same flight shall not be deemed a denial of boarding.

Article (35)

The air carrier shall explain to the passenger all stopovers in the itinerary, whether on the same or another aircraft.

Article (36)

The passenger has the right to request a compensation of (100) Special Drawing Rights Units for each additional stopover that is not announced by the air carrier at the time of Reservation. The request for such compensation does not waive the passenger’s right to receive compensation in case there is a delay in flight arrival.

Excluded stops that are added to the flight for security and safety purposes or to deal with an emergency on board the aircraft, provided that such incidents are recorded in reports that are adopted by The Competent Authority.

Article (37)

When the passenger is informed about adding a stopover after the ticket is issued, the passenger has the right to terminate the contract of carriage and get a refund of the ticket value without any deductions.

Article (38)

In the event of a flight cancellation or delay, the air carrier is obligated to provide care and support to the passenger as follows:

1.Refreshments and beverages as of the second hour.

2.An appropriate meal where the delay exceeds (3) three hours beyond the originally scheduled time of departure.

3.Hotel accommodation and transportation to and from the airport where the delay exceeds (6) six hours beyond the originally scheduled time of departure.

Article (39)

The air carrier shall compensate the passenger if it fails to provide any of the care services due to the passenger in accordance with Article (38) of these regulations, as follows:

1.(10) SDR when refreshments and drinks are not served.

2.(30) SDR when the proper meal is not provided.

3.(100) SDR when hotel accommodation and transportation to and from the airport are not provided

The above compensation does not exempt the air carrier from the obligation to provide any other compensations provided for in this regulation.

Article (40)

The air carrier shall reimburse the value of tickets or pay the compensations prescribed in these Regulations in cash or by bank transfer, bank draft, or exchange vouchers proving the passenger’s right; based on the passenger’s desire within a maximum period of (14) fourteen business days from the date on which the air carrier acknowledges the right of the passenger.

Article (41)

Where a refund of the value of the ticket or payment of compensation under the stipulated in Article (40) of these regulations, the passenger has the right to exchange it in Cash the same from any office of the air carrier or use the voucher to purchase ancillaries or service and product of the air carrier.

Article (42)

The air carrier shall update the passenger on the developments related to the cancellation or delay of the flight in case of force majeure.

Where a flight is delayed or canceled due to Force Majeure the operating air carrier may limit the right to care and support to a maximum of three nights.

The air carrier shall not be obligated to pay any compensation in accordance with the provisions of these regulations if it is proven that the cancellation or delay of the flight was due to force majeure in accordance with what is stipulated in Annex No. (1) attached to these regulations.

Article (43)

The air carrier shall develop a mechanism for receiving complaints, which must be approved by the Competent Authority, and that mechanism must be published on the air carrier’s website.

Article (44)

A passenger wishing to submit a complaint in accordance with the provisions of these regulations shall first record his complaint with the air carrier, and the air carrier shall decide on the complaint within (15) fifteen working days from the date of its submission. If that period passes without deciding on the complaint on the complaint, the complaint is considered rejected.

The passenger has the right to refer the complaint to the competent authority, and the competent authority must decide on the appeal within (60) sixty working days from the date of submitting the appeal. If that period has passed, the appeal shall be considered rejected.

Article (45)

The right of the passenger to claim damages shall be extinguished if the complaint is not lodged within a period of two years from the date of the arrival at the destination or from the date on which the aircraft ought to have arrived.

Article (46)

Without prejudice to the rules of criminal or civil liability, the air carrier shall be liable for the death of the passenger or bodily injury, whether the death or injury occurred during the passenger’s embarking process from the departure gates to the aircraft, or on board the aircraft, or during the passenger’s disembarkation from the aircraft to the airport lounge.