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Ministry of Civil Aviation ECAR Part 601

Egyptian Civil Aviation Authority

Part 601
Passengers Protection

Issue 6, Rev. 1 Dated January, 2019 Page 1


Ministry of Civil Aviation ECAR Part 601
Egyptian Civil Aviation Authority

TABLE OF CONTENTS

ITEM TITLE
SUBPART A: Denied boarding, cancellations and long delays
601-1 INTERPRETATION
601-2 DEFINIBITIONS
601-3 APPLICATION
SUBPART B: ACTIONS
601-4 Action in the case of denied bording
601-5 Action in the Case of Flight cancellation
601-6 Action in the case of long delays
SUBPART C: Rights
601-7 Right to compensation
601-8 Right to assistance
601-9 Right to Care
SUBPART D: Assistance
601-10 Upgrading and downgrading
601-11 Persons with reduced mobility or special needs
SUBPART E: Rights
601-12 Further Compensation
601-13 Right of redress
601-14 Obligation to inform passenger of their rights
601-15 Air port contingency plan
SUBPART F: Infringements
601-16 Infringements
SUBPART G: Annexes
601-17 Annex1

Issue 6, Rev. 1 Dated January, 2019 Page 2


Ministry of Civil Aviation ECAR Part 601
Egyptian Civil Aviation Authority

PASSENGERS PROTECTION

Subpart A
Denied boarding, cancellations and long delays

601-1: Interpretation
Without prejudice to international conventions and/or treaties that has been entered by
Egypt .The provisions of this Regulation is based on the Egyptian Civil Aviation Law No.
28 of 1981 as amended by Law No. 136 of 2010 and establishes the rules governing
compensation and assistance provided to passengers in the event of denied boarding, flight
cancellation, long delay of flights and downgrading.

601-2: Definitions
(a) ‘Air carrier’ means an air transport undertaking with a valid operating license;
(b) ‘Operating air carrier’ means an air carrier that performs or intends to perform a flight
under a contract with a passenger or on behalf of another person, legal or natural,
having a contract with that passenger;
(c) ‘Reservation’ means the fact that the passenger has a ticket, or other proof, which
indicates that the reservation has been accepted and registered by the air carrier or tour
operator;
(d) ‘Tour operator’ means, with the exception of an air carrier, the person who, other than
occasionally, organizes packages and / or sells or offers them for sale;
(e) ‘Package’ means the pre-arranged combination of not fewer than two of the following
when sold or offered for sale at an inclusive price: transport; accommodation, other
tourist services not ancillary to transport or accommodation and accounting for a
significant proportion of the package;
(f) ‘Extraordinary circumstances’ means circumstances which, by their nature or origin,
are not inherent in the normal exercise of the activity of the air carrier concerned and
are beyond its actual control. For the purposes of this Regulation, extraordinary
circumstances shall include the circumstances set out in the Annex;
(g) ‘Tarmac delay’ means, at departure, the time the aircraft remains on the ground
between the start of boarding of the passengers and the take-off time of the aircraft or,
at arrival, the time between the touch-down of the aircraft and the start of
disembarkation of the passengers;
(h) ‘ticket price’ means the full price paid for a ticket and including the air fare, and all
applicable taxes, charges, surcharges and fees paid for all optional and non-optional
services included in the ticket;
(i) ‘Person with reduced mobility’ means any person whose mobility when using
transport is reduced due to any physical disability (sensory or loco motor, permanent
or temporary), intellectual disability or impairment, or any other cause of disability, or
age, and whose situation needs appropriate attention and the adaptation to his or her
particular needs of the service made available to all passengers;
(j) ‘Denied boarding’ means a refusal to carry passengers on a flight, although they have
presented themselves for boarding under the conditions laid down in the first
paragraph of Part ( 601-3 ), except where there are reasonable grounds to deny them
boarding, such as reasons of health, safety or security, or inadequate travel
documentation;
(k) ‘Volunteer’ means a person who has presented himself for boarding under the
conditions laid down in the first paragraph of Part ( 601-3 ) and responds positively to
the air carrier's call for passengers prepared to surrender their reservation in exchange
for benefits;

Issue 6, Rev. 1 Dated January, 2019 Page 3


Ministry of Civil Aviation ECAR Part 601
Egyptian Civil Aviation Authority
(l) ‘Cancellation’ means the non-operation of a flight which was previously planned and
on which at least one place was reserved;
(m) ‘Downgrading’ means placing a passenger in a class lower than that for which the
ticket was purchased; and
(n) ‘Upgrading’ means placing a passenger in a class higher than that for which the ticket
was purchased.

601-3: Application
(a) This Regulation shall apply to international flights:
(1) To all passengers using or intending to use commercial air services at an airport
located in the territory of Egypt
(2) To passengers departing from an airport located in a third country to an airport
located in the territory of Egypt unless they received benefits or compensation
and were given assistance in that third country, if the operating air carrier of the
flight concerned is an Egyptian carrier; and
(3) On the condition that passengers have a confirmed reservation and except in the
case of change of schedule referred to in Part ( 601-6 ) present themselves for
check-in at the time indicated in advance or, if no time is indicated not later than
45 minutes before the published departure time.
(b) This Regulation shall not apply to passengers travelling free of charge or at a reduced
fare not available directly or indirectly to the public. However, it shall apply to
passengers having tickets issued under a frequent flyer programme or other
commercial programme by an air carrier or tour operator.
(c) Where an operating air carrier which has no contract with the passenger performs
obligations under this Regulation, it shall be regarded as doing so on behalf of the
person having a contract with that passenger.
(d) This Regulation shall not apply in cases where a package is cancelled or delayed for
reasons other than cancellation of the flight.

Issue 6, Rev. 1 Dated January, 2019 Page 4


Ministry of Civil Aviation ECAR Part 601
Egyptian Civil Aviation Authority

Subpart B
Actions

601-4: Action in the case of denied boarding


(a) When an operating air carrier reasonably expects to deny boarding, it shall first call
for volunteers to surrender their reservations in exchange for benefits under conditions
to be agreed.
(b) Volunteers shall be assisted in accordance with Part (601-8), such assistance being
additional to the benefits mentioned in this paragraph.
(c) If an insufficient number of volunteers come forward the operating air carrier may
then deny boarding to passengers against their will and the operating air carrier shall
immediately compensate them in accordance with Part (601-7), offer then assistance
in accordance with Article 8 and care in accordance with Part (601-9).

601-5: Action in the case of flight cancellation


(a) In case of cancellation of a flight, the passengers concerned shall:
(1) Be offered assistance in accordance with Part ( 601-8 ) and, in the event of re-
routing when the reasonably expected time of departure of the flight is at least 2
hours after the planned departure of the cancelled flight, the care specified in Part
( 601-9 ) and
(2) Have the right to compensation in accordance with Part ( 601-7 ), unless they are
informed of the cancellation:
(i) At least two weeks before the scheduled time of departure; or
(ii) Less than two weeks before the scheduled time of departure and are offered
re-routing, allowing them to reach their final destination less than four hours
after the scheduled time of arrival.
(b) An operating air carrier shall not be obliged to pay compensation in accordance with
Part (601-7), if it can prove that the cancellation is caused by extraordinary
circumstances which could not have been avoided even if all reason able measures
had been taken.

601-6: Action in the case of long delays


(a) When an operating air carrier reasonably expects the departure of a flight to be
delayed by at least two hours passengers shall be offered the relevant assistance
specified in Part ( 601-9 ); and when the delay is at least five hours, the assistance
specified in Part ( 601- 8 ) (1) (a).
(b) Where a tarmac delay reaches a maximum of five hours, the aircraft shall return to the
gate or another suitable disembarkation point where passengers shall be allowed to
disembark and to benefit from the same assistance as specified in paragraph 1, unless
there are safety related or security-related reasons why the aircraft cannot leave its
position on the tarmac.
(c) Where the passenger arrives at its final destination:
(1) Five hours or more after the scheduled time of arrival for journeys of 3500
kilometers or less;
(2) Nine hours or more after the scheduled time of arrival for journeys between of
6000 kilometers or more;
(3) Passengers shall have a right to compensation from the operating air carrier in
accordance with Part ( 601-7 ).
(d) Paragraph 2 shall also apply where the operating air carrier has modified the scheduled
times of departure and arrival causing a delay compared to the time of arrival of the
original schedule, unless the passenger was informed of the schedule change more
than fifteen days in advance of the originally scheduled time of departure.
(e) An operating air carrier shall not be obliged to pay compensation in accordance
with Part ( 601-7 ), if it can prove that the cancellation is caused by extraordinary
circumstances which could not have been avoided even if all reasonable measures had
been taken.

Issue 6, Rev. 1 Dated January, 2019 Page 5


Ministry of Civil Aviation ECAR Part 601
Egyptian Civil Aviation Authority
Subpart C
Rights

601-7: Right to compensation


(a) Where reference is made to this Part, passengers shall receive compensation amounting
to:
(1) EGP [300]: all flights under 1000 kilometers;
(2) EGP [900]: all flights between 1000 and 4000 kilometers;
(3) EGP [1500]: all flights above 4000 kilometers.
(b) The air carrier may reach a voluntary agreement with the passenger that replaces the
compensation provisions set out in paragraph 1, provided that this agreement is
confirmed by a document signed by the passenger which reminds the passenger of his
rights to compensation under this Regulation.

601-8: Right to assistance


(a) Where reference is made to this Part, passengers shall be offered the choice between:
(1) Reimbursement within seven days of the passenger’s request of the ticket price at
the price at which it was bought, for the part or parts of the journey not made and
a return flight to the first point of departure, at the earliest opportunity;
(2) Continuation of the passengers’ travel plan, by re-routing, under comparable
transport conditions, to their final destination, at a date to agree upon between the
carrier and the passengers.

601- 9: Right to care


(a) Where reference is made to this Part, passengers shall be offered free of charge:
(1) Meals and refreshments in a reasonable relation to the waiting time;
(2) Hotel accommodation in cases where a stay of one or more nights becomes
necessary,
(3) Transport between the airport and place of accommodation (hotel, place of
residence of the passenger or other).
(b) In addition, passengers shall be offered free of charge two telephone calls, telex or fax
messages, or e-mails.
(c) If the operating air carrier can prove that the cancellation, delay or change of schedule
is caused by extraordinary circumstances and that the cancellation, delay or change of
schedule could not have been avoided even if all reasonable measures had been taken,
it may limit the total cost of accommodation provided according to paragraph 1(b) to
EGP [500] per night and per passenger and to a maximum of 2 nights.

Issue 6, Rev. 1 Dated January, 2019 Page 6


Ministry of Civil Aviation ECAR Part 601
Egyptian Civil Aviation Authority
Subpart D
Assistance

601- 10: Upgrading and downgrading


(a) If an operating air carrier upgrades a passenger, it may not request any supplementary
payment.
(b) If an operating air carrier downgrades a passenger, it shall within seven days
reimburse:
(1) [30 %] of the ticket price at the price at which it was bought: flights of 1 000
kilometers or less;
(2) [50 %] of the ticket price at the price at which it was bought: all flights between
1000 and 4 000 kilometers or
(3) [75 %] of the ticket price at the price at which it was bought: all other flights.

601-11: Persons with reduced mobility or special needs


(a) Operating air carriers shall give priority to carrying persons with reduced mobility and
any persons or certified service dogs accompanying them, as well as unaccompanied
children.
(b) Operating air carriers shall give priority to carrying persons with reduced mobility and
any persons or certified service dogs accompanying them, as well as unaccompanied
children.
(c) In cases of denied boarding, cancellation and delays of any length, persons with
reduced mobility and any persons accompanying them, as well as unaccompanied
children, shall have the right to care in accordance with Part ( 601-9 ) as soon as
possible.

Issue 6, Rev. 1 Dated January, 2019 Page 7


Ministry of Civil Aviation ECAR Part 601
Egyptian Civil Aviation Authority
Subpart E
Rights

601-12: Further compensation


This Regulation shall apply without prejudice to a passenger's rights to further
compensation.

601-13: Right of redress


In cases where an operating air carrier pays compensation or meets the other
obligations of assistance or of care incumbent on it under this Regulation, no provision of
this Regulation or of national law may be interpreted as restricting its right to seek
compensation for the costs incurred under this Regulation from any third parties which
contributed to the event triggering compensation or other obligations.

601-14: Obligation to inform passengers of their rights


The operating air carrier shall ensure that at check-in a clearly legible notice
containing the following text is displayed in a manner clearly visible to passengers: ‘If you
are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at
the check-in counter or boarding gate for the text stating your rights, particularly with
regard to compensation and assistance’.
An operating air carrier denying boarding or cancelling a flight shall provide each
passenger affected with a written notice setting out the rules for compensation and
assistance in line with this Regulation. It shall also provide each passenger affected by a
delay or a change of schedule of at least two hours with an equivalent notice. The contact
details of the national designated body referred to in Article 16 shall also be given to the
passenger in written form.
In respect of blind and visually impaired persons, the provisions of this Article shall
be applied using appropriate alternative means.

601-15: Airport contingency plan


At airports whose annual traffic has been not less than three million passengers for at
least three consecutive years, the airport managing body shall ensure that the operations of
the airport and of airport users are coordinated through a proper contingency plan in view
of possible situations of multiple cancellations and/or delays of flights leading to a
considerable number of passengers stranded at the airport.

Issue 6, Rev. 1 Dated January, 2019 Page 8


Ministry of Civil Aviation ECAR Part 601
Egyptian Civil Aviation Authority
Subpart F

601-16: Infringements
ECAA is the body responsible for the enforcement of this Regulation as regards
flights from airports situated in the territory of Egypt and flights from a third country to
such airports. Where appropriate, it takes the measures necessary to ensure that the rights
of passengers are respected.

Without prejudice to Part ( 601-12 ), each passenger may complain to ECAA, or to


any other competent body designated by Egypt about an alleged infringement of this
Regulation at an airport situated in the territory of Egypt or concerning any flight from a
third country to an airport situated in that territory.

Issue 6, Rev. 1 Dated January, 2019 Page 9


Ministry of Civil Aviation ECAR Part 601
Egyptian Civil Aviation Authority
Subpart G
Annexes

601-17: Annex 1:
(a) Non-exhaustive list of circumstances considered as extraordinary circumstances for
the purposes of this Regulation
(1) The following circumstances shall be considered as extraordinary:
(i) Natural disasters rendering impossible the safe operation of the flight;
(ii) Technical problems which are not inherent in the normal operation of the
aircraft, such as the identification of a defect during the flight operation
concerned and which prevents the normal continuation of the operation; or a
hidden manufacturing defect revealed by the manufacturer or a competent
authority and which impinges on flight safety;
(iii) Security risks, acts of sabotage or terrorism rendering impossible the safe
operation of the flight;
(iv)Life-threatening health risks or medical emergencies necessitating the
interruption or deviation of the flight concerned;
(v) Air traffic management restrictions or closure of airspace or an airport;
(vi) Meteorological conditions incompatible with flight safety; and
(vii) Labor disputes at essential service providers such as airports and Air
Navigation Service Providers.
(2) The following circumstances shall not be considered as extraordinary:
(i) Technical problems inherent in the normal operation of the aircraft, such as a
problem identified during the routine maintenance or during the pre-flight
check of the aircraft or which arises due to failure to correctly carry out such
maintenance or pre-flight check; and
(ii) Unavailability of flight crew or cabin crew.

Issue 6, Rev. 1 Dated January, 2019 Page 10

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