15 November 2024 | 09:31

Аir carrier will be responsible for all flight changes in Kazakhstan

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©️ Tengrinews.kz / Turar Kazangapov ©️ Tengrinews.kz / Turar Kazangapov

Tengrinews.kz - Airlines will be responsible for any changes to the status of a flight: cancellations, delays, or route changes. Relevant amendments to the law have been proposed for discussion on the "Open NPA" website.

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Tengrinews.kz - Airlines will be responsible for any changes to the status of a flight: cancellations, delays, or route changes. Relevant amendments to the law have been proposed for discussion on the "Open NPA" website.

The document suggests increasing fines for airlines for improper service to passengers in case of flight cancellations, delays, or route changes. Currently, airlines are only held accountable for cancellations and delays, while "changes to the flight status" (such as route or schedule changes) do not always result in liability. The bill's developers note that airlines exploit this loophole to avoid responsibility for inconveniences caused to passengers.

"Currently, it is not possible to hold airlines accountable for failing to provide services and obligations to passengers when there are various changes in flight status. Therefore, it is proposed to amend Article 567 of the Administrative Code to state: 'Failure to fulfill or improper fulfillment by the carrier of duties under the legislation of the Republic of Kazakhstan on the use of airspace and aviation activities in providing services to passengers in the event of a change in the flight status," the document states.

They propose to double the fines for such violations. Under the new version of Article 567 of the Administrative Code, fines could be up to 400 monthly calculation indices (MCI) for the first violation and up to 2000 MCI for a repeat violation within a year.

The developers of the bill pointed out that the need for such changes is due to the increase in passenger traffic and "the rise in cases of failure to fulfill or improper fulfillment of the carrier's duties (...) when the flight status changes."

In 2022, there were 20,302 cases of flight delays, in 2023 – 16,666 cases, and as of September 2024, there were 17,827 cases of delays.

The developers referred to international practices applied in such cases.

"International regulations govern the obligations of carriers in situations such as cancellations, delays, and route changes, especially if these issues are caused by the airline. The main measure in many countries is compensation for passengers," the document states.

In Saudi Arabia, for example, the fine for violating passenger rights is 50,000 Saudi riyals. In the United States, for such violations, airlines will be required to pay up to 50,000 dollars to passengers and small businesses.

Compliance with the regulations will be monitored through passenger complaints and inspection checks. If the airline refuses to acknowledge the violation, the case may be taken to court.

The draft law is expected to be submitted to the Mazhilis and the Senate either this year or in 2025. If approved by the legislative body, the law could come into effect as early as 2025.

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