HANOI: Passengers will be compensated for flight delays from next month according to the newly introduced Government’s Decree No. 208.
The decree, issued this week, provides details on the civil aviation law, with items ranging from air transport, as well as provisions on assistance and compensation when flights are delayed, cancelled or rescheduled.
Per the new decree, a flight is regarded as delayed when its actual departure time is more than 15 minutes later than the scheduled departure time. A 'long delay' is defined as a delay of four hours or more from the scheduled departure time.
When the carrier anticipates that a flight will be delayed, it is obliged to notify passengers promptly, apologise and state the reason for the delay.
The carrier must also update the revised estimated departure time to the airport operator and the company providing passenger terminal services so that the information is displayed on the airport’s flight information screens at least once every 30 minutes.
For flights delayed by two hours or more, carriers must provide drinking water or issue vouchers of equivalent value to passengers.
The carrier is responsible for rebooking the departure time or rerouting to enable passengers to reach their final destination if requested; carriers must waive any restrictions on itinerary changes or rebookings and any applicable surcharges when the delay is caused by the carrier’s fault.
If the delay occurs between 7am and before 10pm, the carrier must arrange suitable rest facilities in accordance with the airport’s actual conditions.
If the delay occurs between 10pm on the previous day and before 7am the next day, the carrier must provide sleeping or resting accommodation appropriate to local conditions, or an alternative solution with the passenger’s consent.
The Minister of Construction will prescribe details on non‑refundable advance compensation amounts; the method and deadlines for paying non‑refundable advance compensation; and the carrier’s obligations to publish information and report in cases of delay, cancellation or denied boarding.
Apology, full refund
The decree also defines a schedule change for a flight as an alteration by the carrier to the planned departure time of a flight identified by a specific marketed flight number.
If the schedule change advances or delays the flight by five hours or more, in addition to notifying passengers the carrier must refund the ticket on request, or rebook the passenger on an alternative itinerary, adjust the departure time suitably, or place the passenger on another flight within 72 hours at the passenger’s request.
For flights whose scheduled departure time varies by no more than four hours earlier or no more than 15 minutes later than the original schedule, the carrier shall follow its own regulations.
The Decree No. 208 stipulates that a cancelled flight is one which is not operated under a flight number for which at least one passenger had a confirmed seat and a ticket.
Immediately after a cancellation or a refusal to carry a passenger, the carrier must notify without delay, apologise to passengers and state the reason.
If the cancellation is the carrier’s fault, the carrier must rebook the passenger on a suitable alternative itinerary or on another flight to enable the passenger to reach the final destination, and must waive any restrictions on itinerary changes or rebookings and related surcharges (if any); refund the full fare; or refund the unused portion of the ticket.
The decree will take effect from the beginning of next month. — Vietnam News/ANN
