Introduction
The Aviation Industry is an integral part of the global transport system with Ghana’s being among the fastest-growing in West Africa. With the rapid growth of our aviation industry and the increasing numbers in consumers, safeguarding consumer rights is crucial to ensuring fair treatment and sustaining public confidence in the sector. Internationally, conventions such as the Convention for the Unification of Certain Rules for International Carriage by Air or the Montreal Convention, 1999, along with other regional and national frameworks, have been established to guarantee passenger protection.
In Ghana, the standards set by the Montreal Convention, 1999 have been domesticated through national legislation and regulatory directives issued by the Ghana Civil Aviation Authority (GCAA).
Comparative jurisprudence
In the United States, its Department of Transportation (DOT) has established rules to oversee and protect the rights of airline passengers. Alternatively, in the EU, regulations such as Regulation 261/2004 creates uniform rights across the EU for flight delays and cancellation. Globally, rights enjoyed by passengers stem from the International Civil Aviation Organization (ICAO)/International Air Transport Association (IATA) guidelines as well as the Montreal Convention (ratified by Ghana).
In Ghana, the obligations and rights of airline passengers are governed and provided for by Ghana’s Civil Aviation Authority’s (GCAA) Directives. These directives, on the international plane align closely with the European Union’s style. The Ghana Civil Aviation Act, 2024 (Act 1120) serves as the principal legal framework for regulating air transport in Ghana. It provides strong protection for passengers by incorporating the Montreal Convention through its Second and Third Schedules. Originally, the Montreal Convention was ratified and incorporated into national law through the Ghana Civil Aviation (Amendment), 2016 (Act 906); however, contemporarily, the provisions of the Convention have been integrated and modified in Act 1120, with its Second Schedule applying to international air travel to and from Ghana, and the Third Schedule applying to domestic travel within Ghana.
Rights and Responsibilities of Airline Passengers under Ghanaian Law
Act 1120 greatly enhances passenger rights for both international and domestic air travel by establishing clear liability limits and responsibilities for carriers. Additionally, the GCAA, as the regulator, plays a critical role in ensuring the protection of passengers by issuing directives that enforce passenger protection regulations, monitoring air compliance, handling complaints, and educating the public about their rights.
Among the directives issued by the GCAA is the Ghana Civil Aviation (Economic) Directive, 2019. Part 2 of the Directive, which focuses on Consumer Protection, defines a passenger as a consumer. Thus, an airline passenger is simply any consumer of the services of an airline, and the rights of a passenger are simply the entitlements enjoyed by consumers of an airline.
The Directive provides for these rights enjoyed by passengers under Ghanaian law, a number of them concern:
- Denied boarding.
Under Paragraph 2.3, before an Air Operator can reasonably deny a passenger his right to board a flight due to overbooking or an emergency necessitating such sudden change in the aircraft type, the Operator must first call volunteers to surrender their reservations in exchange for benefits under the conditions to be agreed between the passenger concerned and the Air Operator.
However, if a passenger is denied boarding against their will, Paragraph 2.3(4) requires the Air Operator to immediately compensate the passenger in accordance with Paragraph 2.7 and assist them in accordance with Paragraphs 2.8 and 2.9.
- Flight cancellation
According to Paragraph 2.5, if an Air Operator cancels a domestic flight without giving at least three (3) days’ notice or at least two (2) weeks’ notice for international flights, the passengers must be compensated.
Under Paragraph 2.7, for cancellation of domestic flights without notice to passengers, the compensation is a minimum of sixty dollars ($60.00), and for cancellation of international flights without notice to passengers, compensation is between two hundred dollars ($200.00) and six hundred dollars ($600.00) depending on the flight distance.
Additionally, under Paragraph 2.8, passengers have the right to be reimbursed of the full cost of the ticket at the price at which it was bought within seven (7) days or the option to reroute under comparable transport conditions to their final destination at the earliest opportunity or at a later date at passenger’s convenience, subject to the availability of seats.
- Flight delays
From Paragraph 2.6.1, when an Air Operator reasonably expects a domestic flight to be delayed beyond its scheduled time of departure, it shall provide the passengers with some assistance: after 1 hour of delay, passengers shall be provided with water; after 2 hours and beyond, passengers must be offered two (2) phone calls, emails or messages, as the passenger may prefer; and at a time where the airport is closed at the point of departure or final destination, passengers must be offered meals, hotel accommodation, transport and calls.
Similarly, under Paragraph 2.6.2, when an Air Operator reasonably expects an international flight to be delayed beyond its scheduled time of departure, it shall provide the passengers with some assistance: after 1 hour of delay, passengers shall be provided with water; after 2 hours to 6 hours, passengers must be offered refreshments, two (2) phone calls, emails or internet access, as the passenger may prefer; and after more than 6 hours or at a time where the airport is closed at the point of departure or final destination, passengers must be offered meals, hotel accommodation, transport and calls.
- Upgrading and downgrading
According to Paragraph 2.10, where an Air Operator places a passenger in a class of service higher than that for which the ticket was purchased, the Air Operator shall not request any supplementary payment from the passenger. However, where passenger is placed in a class of service lower than that for which the ticket was purchased, the Air Operator shall within seven (7) days reimburse the passenger with the difference in the fares of both classes.
- Persons with disability
According to Paragraph 2.11, Air Operators or Airlines must provide priority boarding and seating for persons with disability and any persons or certified service dogs accompanying them, as well as unaccompanied children.
- Flight information
According to Paragraph 2.14, Air Operators shall ensure that their contract of carriage, baggage allowances and any fees for additional baggage, procedures in respect of lost, delayed and damaged baggage and their complaints handling procedure are displayed prominently on its website in a clear and accessible format.
- Baggage delay, loss, or Damage
According to Paragraph 2.22 and Articles 17 to 22 of the Third Schedule of the Ghana Civil Aviation (Amendment) Act, 2016 (Act 906) (Modification to the Convention for The Unification of Certain Rules Relating to International Carriage by Air), passengers have a right to monetary compensation by the airline carriers should there be any loss, damage or delay in the arrival of their baggage unless such was due to an inherent defect or force majeure.
Furthermore, some responsibilities to be performed by passengers include:
- Regulatory compliance
Passengers must comply with airline policies, security regulations, and immigration requirements such as providing accurate documentation and following crew instructions as and whenever instructed or requested.
- Timely arrival
Passengers should arrive well before flight departure time (usually at least 2 hours before departure time) for check-in, security, and boarding. Late arrival may lead to denied boarding and ticket forfeiture.
- Respectful conduct
Passengers must maintain respectful behavior towards airline staff, fellow passengers, and airport personnel, as disruptive behavior may lead to penalties or denied boarding.
- Baggage care
Passengers are responsible for the packing, labeling, and handling of their baggage; thus, they must do well to package them and label properly to minimize loss or risk of damage.
- Awareness of rights and responsibilities
Passengers should familiarize themselves with their rights and required responsibilities.
- Awareness of flight information
Passengers have a responsibility to familiarize themselves with the required information about the flight they are to board to ensure prompt arrival before departure and the use of right terminals and flight gates.
Challenges to the Enforcement of Passenger Rights and Responsibilities
Despite the establishment of regulatory frameworks outlining the rights and responsibilities of airline passengers, implementation often falls short due to various reasons and hurdles. A number of such barriers include:
- Limited awareness
Many passengers are unaware of their rights and the responsibilities they are to perform when enjoying the services of an airline. Most especially, many are unaware of their rights to compensation, care, or redress in cases of delay, cancellation, or denied boarding. As a result, even when redress or compensation is available, they are often unable to assert their
- Inadequate complaint resolution systems
Although complaint mechanisms exist in airports, they are frequently poorly managed, with long response times, unresponsive staff, and unclear processes that discourage passengers from pursuing their claims.
Conclusion
Ghana’s legal framework for consumer protection in the aviation industry provides robust safeguards for passengers and the rights by incorporating the Montreal Convention into Act 1120, as well as supplementing it with other directives. Nonetheless, despite the strength of the overall legal framework, significant gaps remain in its practical implementation that must be addressed. Once addressed, consumers would develop more confidence and trust in the aviation sector, thus, reinforcing Ghana’s role as a regional leader in consumer rights within the aviation industry.
– by Mavis Ekua Enyamah Kwainoe and Caroline Obeng