INTERPRETATIVE GUIDELINES ON CAPE VERDE REGULATION REGARDING PASSENGER RIGHTS IN THE CONTEXT OF THE EVOLUTION OF THE SITUATION WITH THE COVID-19 PANDEMIC

The civil aviation sector was one of the most affected by the Covid-19 Pandemic, the current situation created countless uncertainties about the coming times and the need to rethink and readapt, a stressful situation for many passengers, whose transportation was interrupted, canceled, who no longer wishes to travel or who are no longer authorized to do so, due to the closure of several borders and the suspension of air operations.

As this is an unprecedented situation, the Civil Aviation Agency - AAC considers important and pertinent to clarify some rights / obligations of passengers and air carriers, in application of Decree-Law No. 35/2006 of 26 June - which establishes the passengers' rights, in case of denied boarding against their will, cancellation and delay of flights and creates the respective sanction regime, in the context of the Covid-19 Pandemic, namely with regard to cancellations and flight delays.

THE REGULATION APPLIES:

• Passengers who board an airport located in the national territory, or who board an airport located outside the national territory for its destination, if the air carrier operating the flight in question is a national carrier, unless they have received benefits or compensation and if assistance has been provided in that third country;
• Passengers with tickets issued under a frequent flyer program or other commercial program of an air carrier or tour operator.

THE REGULATION DOES NOT APPLY:

• Passengers traveling free of charge or with reduced fare tickets not available, directly or indirectly, to the public;
• In cases where an organized circuit is canceled for reasons other than flight cancellation.

RIGHT OF CHOICE - REFUND OR REFERENCE
Currently, several air carriers are offering vouchers to passengers who no longer want (or are not authorized to) travel as a result of the Covid-19 Pandemic. These vouchers can be used by passengers for another trip with the same air carrier within a period established by them.
This situation has to be distinguished from the situation where the air carrier cancels the trip and offers only a voucher instead of the choice between reimbursement and re-routing.
In the event that the air carrier proposes to the passenger a voucher / voucher, this offer cannot affect the passenger's right to choose a refund instead.
In accordance with Article 7, in case of flight cancellation and delay, the operating air carrier must provide assistance to passengers:
They must be offered the choice between:

REIMBURSEMENT:

• within 7 working days, of the total purchase price of the ticket, for the part or parts of the trip not made, and for the part or parts of the trip already made if the flight is no longer justified in relation to the initial travel plan cumulatively, where appropriate, a return flight to the first point of departure:
• reimbursement is paid in cash, via electronic bank transfer, bank money orders, bank checks or, with the passenger's written agreement, via travel vouchers and or other services;

Or

REFERRAL:

• under equivalent transport conditions, to your final destination, at the earliest opportunity;
• re-routing, under comparable transport conditions, to your final destination at a later date, at the passenger's convenience, subject to availability of seats.

With regard to re-routing, the circumstances of the COVID-19 Pandemic limit the right to choose re-routing at the “first opportunity”, making it impossible for air carriers to re-route the passenger to the intended destination in a short period of time. In addition, it may be uncertain for some time from when re-routing is possible again.
In the current context, a refund of the ticket price or a re-routing at a later date, "at the passenger's convenience", may be preferable for the passenger.
Regarding the refund:

• in cases where the passenger reserves the outward flight and the return flight separately and the first is canceled, the passenger is only entitled to a refund of the canceled flight, that is, in this case, the outward flight;
• and in the case of the outward flight and the return flight are part of the same reservation, even if operated by different air carriers, passengers should be given two options in case of cancellation of the outward flight:
  • be reimbursed for the entire ticket (both flights).
  • or be rerouted to another outbound flight at a later date.

It is important for passengers to bear in mind that, if they choose to refund the ticket, that the refund is subject to the rules / conditions of the fare class or type of ticket purchased (if it is refundable, if you have to pay a penalty / fee for change or refund, among other rules).
Considering the conjuncture that the sector is going through and the restrictions imposed by each State, AAC recommends that there be negotiation between the parties, aiming to find a beneficial solution for both parties.

In case of doubt or request for clarification, passengers must contact the airline from which they purchased the ticket or contact AAC using the following means:

• Passenger Portal - www.passageiro.aac.cv 
• Email: dta@acivil.gov.cv
• Telephone: +238 2603430