Passenger Rights

Decrees:

Article 1

Pursuant to the provisions of Article 173 septies of Law No. 98-06 of 3rd Rabie El Aouel 1419, corresponding to June 27, 1998, as referred to above, this decree aims to establish the conditions and modalities for the application of the rights of passengers using public air transport.

Article 2

For the purposes of this decree, the following terms are defined as:
a) Air carrier:
A company operating air transport services that holds a valid Air Operator Certificate (AOC).
b) Operating air carrier:
An air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of a legal or natural person who has entered into a contract with the passenger.
c) Package:
A prearranged combination of at least two of the following elements that is   sold or offered for sale at an inclusive price and where the service exceeds 24 hours or includes overnight accommodation:
— Transportation;
— Accommodation;
— Other tourist services not ancillary to transportation or accommodation and representing a significant part of the package.
d) Ticket:
A valid travel document establishing the right to transport, that may take the form of an electronic ticket issued or authorized by the air carrier or its authorized agent.
e) Reservation:
A passenger’s possession of a ticket or other proof indicating that the reservation has been confirmed and registered by the air carrier.
f) Final destination:
The destination shown on the ticket presented at the check-in counter or, in the case of connecting flights, the destination of the last flight.
g) Person with reduced mobility:
Any person whose mobility is reduced when using transport due to physical disability, intellectual impairment, age, or any other cause of disability and whose situation requires special attention and the adaptation of services provided to all passengers to meet their needs.
h) Denied boarding:
The refusal to carry passengers on a flight, despite their presence for boarding under the conditions set by this decree, unless there is a reasonable justification for refusal, such as health, safety, security reasons, or inadequate travel documents.
i) Volunteer:
A person who has appeared for boarding under the conditions set by this decree and is willing to give up their confirmed reservation at the air carrier’s request in exchange for compensation.
j) Cancellation:
A situation where a flight that was planned and for which at least one seat was reserved with at least one reserved seat planned for operation is not operated.

Article 3

The provisions of this decree apply to both scheduled and non-scheduled flights, whether part of a package or not, where passengers of public air transport are carried on motorized fixed-wing aircraft and :
— Have a confirmed reservation for the relevant flight, except in cases of cancellation referred to in Article 5 below, and present themselves for check-in :

• As specified and at the time indicated in advance and in writing (including electronically) by the air carrier or an authorized travel agent, or, in the absence of such indication,
• At least 45 minutes before the published departure time ;
  — Have been transferred by the air carrier from the flight for which they held a reservation to another flight regardless of the reason;
  — Hold a ticket issued by an air carrier under a loyalty program or other commercial programs.

These provisions also apply to any operating air carrier carrying passengers if an operating air carrier, which has not entered into a contract with the passenger, fulfills obligations under this decree. Such a carrier is deemed to act on behalf of the person who entered into the contract with the passenger concerned.

Article 4

When an operating air carrier, intends to deny boarding on a flight, it must first seek volunteers willing to give up their reservation in exchange for compensation agreed upon between the passengers concerned and the operating air carrier. Volunteers shall receive, in addition to the agreed compensation, assistance in accordance with Article 8 below or reimbursement.

If the number of volunteers is insufficient for other passengers with reservations, the operating air carrier may deny boarding involuntarily . In such cases, passengers must be:
— Reimbursed for their ticket within eight (8) days at the purchase price for the unused portion of the journey and the parts of the journey already made that have become useless in light of their original travel plan, and, where applicable, provided with a return flight to their initial point of departure at the earliest opportunity;
— Compensated in accordance with Article 9 below and offered assistance as per Article 10 below.

Article 5

In the event of a flight cancellation, affected passengers shall be entitled to receive from the operating air carrier :

— Reimbursement of their tickets within eight (8) days at the purchase price for the unused portion of the journey and the parts of the journey already made that have become unusable in light of their original travel plan, and, where applicable, a return flight to their initial point of departure at the earliest opportunity;
— Compensation in accordance with Article 9 below unless they are informed of the cancellation at least two (2) weeks before the originally planned departure time.

Article 6

An operating air carrier is not required to pay the compensation provided for in Article 9 below if it can prove, in accordance with applicable laws, that the cancellation was due to an event of force majeure.

Article 7

When an operating air carrier foresees, for a justified reason, that a flight will be delayed relative to the originally planned departure time :
— By two (2) hours or more for flights of less than 1,500 kilometers;
— By three (3) hours or more for flights between 1,500 and 3,500 kilometers;
— By four (4) hours or more for flights exceeding 3,500 kilometers.

Passengers shall be offered assistance as outlined in Article 10 below. If the delay is at least five (5) hours, passengers may request reimbursement.

Article 8

In the event of denied boarding, flight cancellation, or delays, passengers shall be entitled to the following options :
— Re-routing to their final destination under comparable transport conditions and at the earliest opportunity; or
— Re-routing to their final destination under comparable transport conditions at a later date of their convenience, subject to seat availability.

Article 9

In the event of denied boarding or flight cancellation, passengers shall receive a flat-rate compensation set at 3,000 DA for domestic flights and 4,500 DA for international flights, provided they do not receive any other form of compensation for the same claim.
This compensation shall be paid within a period not exceeding thirty (30) days.
The provisions of this article shall take effect one (1) year from the date of publication of this decree in the Official Gazette.

Article 10

(1) In cases of denied boarding, flight cancellation, and flight delays, passengers shall be entitled to the following free of charge :
— Refreshments and sufficient meals, considering the waiting time ;
— Hotel accommodation in cases where:

• An overnight stay or more is required, or
• A stay additional to that planned by the passenger is necessary;
  — Transportation from the airport to the place of accommodation (hotel or other).
  (2) Additionally, passengers shall be entitled to the possibility of making two free telephone calls, sending two free telex messages, two fax messages, or two electronic messages.

Article 11

The operating air carrier is required to meet the needs of any person with reduced mobility, in accordance with Articles 173 quater, 173 quinquies, and 173 sexies of Law No. 98-06 dated 3 Rabie El Aouel 1419 (corresponding to 27 June 1998), as well as the needs of any accompanying person and unaccompanied minors.

Article 12

Public air transport passengers have the right to be informed about :
— The identity of the carrier(s) operating the relevant flight(s);
— Their rights regarding assistance, reimbursement, and compensation in the event of denied boarding, flight cancellation, or delayed flights by the operating air carrier.
The above provisions also apply to blind and visually impaired passengers through adapted means.

Article 13

This decree shall be published in the Official Gazette of the People’s Democratic Republic of Algeria.
Issued in Algiers, 9 Ramadhan 1437, corresponding to 14 June 2016.