Is Singapore Airlines liable for misconnections?

sia-logoamericanemirates-logoetihad-logoturkish-airliens-logoSingapore Airlines (SIA) is among five major carriers taken to task by the British Civil Aviation Authority (BCAA) for not compensating their customers for flight delays that resulted in missed connections. Emirates Airlines is said to be the worst offender. The other three carriers are American Airlines, Etihad Airways and Turkish Airlines.

According to BCAA Director of Consumers and Markets, Richard Moriarty, the five carriers have “systematically” denied the passengers their rights. He said: “Airlines’ first responsibility should be looking after their passengers, not finding ways in which they can prevent passengers upholding their rights. So it’s disappointing to see a small number of airlines continuing to let a number of their passengers down by refusing to pay them the compensation they are entitled to.”

Under EU regulations, which apply to airlines even if they are not based in the EU, a delay of more than three hours becomes compensable, unless caused by “extraordinary circumstances”. An airline is off the hook if the delay is caused by factors outside their control, such as inclement weather, but not if it is due to poor performance resulting from, say, the lack of maintenance, procedural hiccups or staff negligence.

This is not the first time an airline has been charged with not giving their customers their dues. Protecting air passengers’ rights has been a long running battle between regulators and the airlines, and the matter is far from being satisfactorily concluded. Nor is it as widely pursued as in the EU, United States and Canada. Even then, monitoring is not an easy task, and as arduous is the arbitration to decide if an airline should be held accountable. Ever since the EU ruling came into force, many airlines have been fighting the cases in court, and this can mean unduly long delays of compensatory payments if ever they are ruled in favour of the passengers.

Singapore airlines is putting compensation claims “on hold” if they involve connecting flights. This is a contentious issue as the delivering carrier has no control over a passenger’s choice of onward journey if he or she makes separate bookings. The question hinges on what is considered a reasonable connecting time. If an airline arranges the entire journey including the connection, it is usually obliged to look after the passenger who misses the connection as a result of a flight delay. This may cover a stopover stay at a hotel, meals, rebooking on the next flight or an alternative flight, and other related expenses. Some airlines have leveraged on short-connecting times as a marketing strength.

Following the US Department of Transportation final ruling on protecting passengers’ rights, SIA published a customer service plan for tickets purchased in the US for flights to and from that country. The plan stipulates: “In the event that Singapore Airlines cancels, diverts or delays a flight, Singapore Airlines will, to the best of our ability, provide meals, accommodation, assistance in rebooking and transportation to the accommodation to mitigate inconveniences experienced by passengers resulting from such flight cancellations, delays and misconnections. Singapore Airlines will not be liable to carry out these mitigating efforts in cases where the flight cancellations, delays and misconnections arise due to factors beyond the airline’s control, for example, acts of God, acts of war, terrorism etc., but will do so on a best effort basis.”

While an airline like SIA is unlikely to put its reputation on the line (the airline has often been commended by its customers for going the extra mile), there is always the caveat that it can only do so much to the best of its ability and on a best effort basis. In response to BCAA, SIA pointed out “a lack of clarity in the law” which it hoped would be resolved in the ongoing discussion with the British authority.

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About Dingzi
Writer by passion, with professional expertise in aviation, customer service and creative writing. Aviation veteran, author, editor and management consultant. Besides commentary on business issues and life-interest topics, travel stories and book reviews, genres include fiction, poetry and plays. Nature lover who abhors cruelty of any form to animals, and a tireless traveler. Above all, a dreamer.

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