The COMESA Competition Commission (CCC) issued an informal guidance letter to airlines operating within the Common Market for Eastern and Southern Africa in response to growing consumer complaints in the aviation sector. Between 2021 and 2024, the CCC handled over ten major complaints involving issues such as flight delays, cancellations, poor passenger support, and mishandled baggage.
A consumer survey revealed widespread dissatisfaction: 31.7% of complaints concerned delayed flights, followed by rescheduling (15.4%), damaged baggage (11.7%), delayed baggage (10.6%), and cancellations (9.4%). Over 70% of affected passengers did not receive proper redress.
The guidance outlines airlines’ obligations under the COMESA Competition Regulations and related international conventions. Key provisions include:
- Delayed Flights: Airlines must provide regular updates, refreshments, communication access, and, where applicable, meals, accommodation, and transport. Passengers delayed six hours or more must be offered reimbursement or re-routing options.
- Cancelled Flights: Airlines must inform passengers of reasons, rights to refunds or re-routing, and compensation. They must provide refreshments and communication assistance.
- Overbooking: Passengers denied boarding due to overbooking are entitled to the same rights as for delays or cancellations, including refunds and possible compensation.
- Baggage Issues: Airlines’ liability for lost, delayed, or damaged baggage is capped at 1,000 Special Drawing Rights (SDR) per passenger under the Montreal Convention.
- Reimbursement and Re-routing: Refunds must be made within 30 days in the original payment form, and re-routing should be under comparable conditions.
- Compensation: As per Article 18 of Annex 6 of the Yamoussoukro Decision, compensation levels are USD 250, 400, or 600 depending on flight duration, subject to reduction if alternative flights minimise delays.
