To increase the protection for the air transport passenger rights, the Civil Aviation Authority of Macao SAR (AACM) has studied into the legislation for the issue since several years ago. The Authority has now completed the draft administrative regulation of “Minimum Air Transport Passenger Rights in case of Denied Boarding, Flight Cancellation or Delay”. To ensure that the draft regulation is practical for implementation by the industry operators, AACM has launched a one-month consultation period to solicit views from the aviation sector and the tourism sector and so on. A consultation session was also held on 17 August 2010 by the Authority to present the draft regulation to and collect views from the two sectors. The views collected will be studied thoroughly by AACM and appropriate amendments will be introduced. The Authority anticipates that the implementation of the new regulation, when approved, will further enhance the quality of service of Macao’s aviation and consolidate Macao’s image as a tourism city. Provisions of the new draft regulation The new administrative regulation stipulates the minimum rights enjoyed by passengers in situations of denied boarding against passenger will, flight cancellation or delay, as well as the penalty on the air carriers if they do not comply with the regulation. The regulation is applicable to all flights departing from Macau International Airport and all flights operated by airlines registered in Macao. In case of the occurrence of the above three situations, the passengers can enjoy the rights listed in Table 1. In addition to providing the assistance as listed in Table 1, the regulation also specifies other provisions, such as, the airline must inform the passengers of their rights as set out in the regulation; in case of landing in an alternate airport, the airline should pay for the cost of the transfer to the airport originally planned; and all the obligations under the regulation cannot be excluded by the “conditions of carriage” established by the airline. Reference from legislation in Europe and the Americas AACM started the study on the legislation on air transport protection rights several years ago, including the research on similar legislation in places worldwide. The Authority pointed out that in Asia, only mainland China has issued a guidance material to airlines for handling cases of denied boarding, flight cancellation or delay. AACM worked on the drafting of the regulation since 2008, taking into reference the respective laws and regulations in Europe, USA, Canada and Brazil. Present and future regulations help further protect air transport passenger rights In what regards the air transport passenger protection rights, the Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) which is applicable to Macao, and the 11/2004 Administrative Regulation which was devised in accordance with the Warsaw Convention have already laid down provisions that airlines should compensate passengers for damages caused by flight delays. In addition, the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), complementary to the Warsaw Convention, has also become applicable to Macao since 2006. The Montreal Convention stipulates that a passenger is entitled to compensation for damages caused by an airline in case of flight delay, up to the limit of 4,694 SDR (around MOP58,000.00), unless the airline can prove that all reasonable measures have been taken, or it is impossible to take any measures, to avoid the damages caused. AACM is now in the process of amending the 11/2004 Administrative Regulation in order that the Regulation can go in line with Montreal Convention. In a way different from the above regulation on compensation, the draft regulation of minimum air transport rights aims to regulate the airlines to provide immediate and appropriate assistance to the passengers in case of denied boarding, flight cancellation or delay. The implementation of the new regulation together with the present 11/2004 administrative regulation can refine Macao’s legislation on the protection of passenger rights. Solicit views for further study The consultation session, officiated by the President of AACM, Mr. Simon Chan, took place at the conference facilities of the Conselho Consultivo para o Reordenamento dos Bairros Antigos de Macau from 15:00 to 17:00. Attendees were (local aviation operators) CAM-Macau International Airport Co. Ltd., Administrations of Airports. Ltd, Air Macau, East Asia Airlines and Menzies Macau Airport Services Ltd.; (foreign airlines operating to Macao) EVA Air, TransAsia, Air Asia, Tiger Airways and Philippines Airlines; (Comissão de Apoio ao Desenvolvimento Turístico) Labour Services Bureau, Consumer Council, Cultural Institute, individual members appointed by the Secretary for Social Affairs and Culture, Tourism Industry Association of Macau, Travel Agency Association of Macau, Tourism Retail Services Association of Macau, Hotel Association of Macau, Restaurant Proprietors Association of Macau, Tourist Guide Association of Macau, Automobile Association of Macau and Transmac. The attendees expressed a number of views during the consultation. Some operators pointed out that most of the flight delays at Macau International Airport were caused by uncontrollable factors such as weather and air traffic control. The operators requested to waive the uncontrollable factors as these factors cannot be prevented and are not caused by the operations of an airline. AACM said that the purpose of having the one-month consultation was to solicit views from the aviation sector and the tourism sector and so on for further study on appropriate amendment so that it is not a regulation that merely serves the passengers but is also a regulation that can be implemented practically by the industry. AACM will study into all the views collected and make appropriate amendments to the draft regulation. Some operators also expressed their views that the new regulation might decrease the interest of foreign airlines in operating to Macao. To this, AACM emphasized that the drafting of the new regulation is to further enhance the quality of service of Macao’s aviation through the strengthening of passenger protection. The Authority pointed out that presently the local airlines and some foreign airlines have already implemented similar measures to handle those situations and some airlines have even adopted measures that are more advantageous than the standards laid down in the new regulation. AACM believed that through complying with the provisions, airlines can improve their handling procedures in response to reasonable requests made by the passengers and hence improve their customer relations. This will ultimately benefit both the passengers and the airlines. In addition, the new regulation provides a guideline for the passengers and the airlines to follow in cases of denied boarding, flight cancellation or delay, which can help to avoid conflicts between the two parties. New regulation expected to be implemented next year Upon completion of the final draft, the regulation will go through the necessary legal procedures for bringing it into force. AACM expects that the new regulation can be implemented next year. Anyone interested in knowing about the provisions of the draft regulation of “Minimum Air Transport Passenger Rights in case of Denied Boarding, Flight Cancellation or Delay” can download the text through AACM’s website at www.aacm.gov.mo (under “News”). Table 1 Passenger rights Denied boarding Flight cancellation Flight delay The airline should look for volunteers that accept to change their bookings in return of benefits offered by the airline. If the number of volunteers is insufficient, R e-imbursement of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity Meals and refreshments in a reasonable relation to the waiting time Hotel accommodation if the passenger needs to stay one or more nights Transport between the airport and the hotel 2 free of charge phone calls, telex or fax messages, or e-mails Unless the airline informs the passenger of the cancellation of the flight 15 days before the departure time, or else it has to provide the following assistance: R e-imbursement of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity Meals and refreshments in a reasonable relation to the waiting time Hotel accommodation if the passenger needs to stay one or more nights Transport between the airport and the hotel 2 free of charge phone calls, telex or fax messages, or e-mails 1. Delays of more than 30 minutes inform the passenger of the reasons for the delay 2.Delays of more than 3 hours Meals and refreshments in a reasonable relation to the waiting time 3. Delays of more than 5 hours ： The airline must offer the passengers the possibility to choose the re-imbursement of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity 4. If the passenger does not accept the option mentioned in point 3 above, and the delay has been over 8 hours and involves an overnight stay, the airline should provide ： Hotel accommodation Transport between the airport and the hotel 2 free of charge phone calls, telex or fax messages, or e-mails
