Aeronautical transportation.

In this article you will learn interesting information about the rights of passengers in aeronautical transportation.

Aeronautical transportation is a highly regulated activity both nationally and internationally.

At the international level, the most relevant international conventions are the Warsaw System of 1929, the Hague Convention of 1955, the Montreal Convention of 1999 and Decision 619 of the Andean Community.

At the national level, the RAC as a special rule and the consumer statute as a complementary rule, taking into account the principle that the special rule takes precedence over the general rule.

With respect to the most relevant rights contemplated by both aeronautical transportation regulations, they are:

The right to information and its protection:

It consists of information about the characteristics and conditions of the service. In the case of promotions and offers, the information must be clear with respect to the conditions and circumstances of time, manner and place required to make the promotion or offer effective.

Right of withdrawal:

It can be exercised 24 hours after the flight and the refund of the amount paid in money or services of the airline or agency must be made, after any withholdings that may apply without exceeding 10% of the fare as long as they are not promotional fares.

Right of withdrawal:

When the purchase has been made through non-traditional or remote methods, a full refund of the amount paid may be requested.

The maximum term to exercise the right of withdrawal is 5 business days from the execution of the contract and shall proceed as long as the contract has not started to be executed before 5 days.

Now, specifically, the RAC3 contemplates as a right of passengers in aeronautical transportation:

Respect for the reserve:

It must be respected by the carrier, agents or intermediaries in the terms and conditions thereof. In the event of any change affecting the agreed reservation, the passenger must be informed by the fastest possible means at least 24 hours prior to the flight. *Exceptions apply.

Notice for shipment:

The passenger must be informed when to board the aircraft.

Passenger transportation:

The passenger must be transported as contracted, in accordance with the agreed fare, itinerary, frequency and schedule.

Treatment of passengers in aeronautical transportation:

They shall be treated with dignity and respect.

Information on changes and delays:

The carrier shall provide the passenger with sufficient, truthful, clear and timely information on flight delays, cancellations and diversions.

Cancellation, interruption or delay:

When the trip cannot be started under the stipulated conditions or its start is delayed, the passenger may demand the immediate refund of the total price without penalty, provided it is due to force majeure or for meteorological reasons that affect his safety.

Compensation in aeronautical transportation:

In the event of cancellations, interruptions or delays that are not reimbursable and are attributable to the carrier, compensation must be made in different ways depending on the case.

Thus, the aviation transport rights mentioned above are only some of the rights mentioned in the standard. Therefore, for further information on this matter, it is suggested to refer directly to the applicable regulations.

Cybergraphy:

• https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=44306
• https://www.supertransporte.gov.co/documentos/2021/Septiembre/DelegaturaPU_07/Linea-de-tiempo-modo_Aereo.pdf
• https://www.aerocivil.gov.co/normatividad/RAC/RAC%20%203%20-%20Actividades%20A%C3%A9reas%20%20Civiles.pdf