The frequent occurrence of flight delays in the aviation industry not only causes discomfort for passengers but also has the potential to result in financial losses for them. Therefore, passengers have the right to receive compensation if flights are significantly delayed, and this should be ensured by the airlines.
Factors contributing to flight delays include:
1. Airline management factors :
- keterlambatan pilot, co pilot, dan awak kabin.
- Pilot, co-pilot, and cabin crew delays.
- Catering delays.
- Ground handling delays.
- Waiting for passengers, whether for check-in, transfer, or connecting flights.
- Aircraft readiness.
2. Operational technical factors :
- Inoperable departure and destination airports.
- Environmental disruptions en route to or at airports, such as cracks, floods, or fires.
- Queueing of aircraft for takeoff, landing, or departure slot allocation at airports.
- Fueling delays.
3.Weather factors :
Heavy rain, floods, lightning, storms, fog, smoke, below-minimum visibility, or wind speeds exceeding maximum standards affecting flight safety.
Based on Article 5 and Article 6 of Minister of Transportation Regulation No. PM 89 of 2015, airline passengers are entitled to compensation for flight delays caused solely by airline management factors. Therefore, airlines are exempt from liability for damages resulting from flight delays due to weather conditions, with evidence provided by a statement from BMKG, and operational technical factors, with evidence provided by a statement from airport authorities.
Under Article 3 of Minister of Transportation Regulation No. PM 89 of 2015, flight delays are classified into six categories :
- Category 1 : delays of 30 – 60 minutes.
- Category 2 : delays of 61 – 120 minutes.
- Category 3 : delays of 121 – 180 minutes.
- Category 4 : delays of 181 – 240 minutes.
- Category 5 : delays exceeding 240 minutes.
- Category 6 : flight cancellations.
Furthermore, compensation provided by airlines, as regulated in Article 9 of Minister of Transportation Regulation No. PM 89 of 2015, must correspond to the delay category :
- Category 1 : light refreshments.
- Category 2 : light refreshments and snacks.
- Category 3 : heavy meals.
- Category 4 : light refreshments, snacks, and heavy meals.
- Category 5 : monetary compensation of IDR 300,000.00 (three hundred thousand Indonesian Rupiah).
- Category 6 : airlines must rebook passengers on the next flight or refund the entire ticket cost.
Flight delay information will be provided via telephone, text message, or announcements by designated airport waiting area personnel, with the following provisions :
- Provided at least 45 minutes before scheduled departure or upon first knowledge of the delay.
- Cancellation information and departure certainty provided no later than 7 calendar days before the flight.
- Reschedule information provided no later than 24 hours before the flight.
However, if airlines fail to provide compensation as part of their responsibility for flight delays, affected passengers can take the following steps to pursue their rights:
1. Non-litigation or non-court measures:
- Through the Consumer Dispute Settlement Agency (BPSK)
BPSK is a non-structural institution that functions as a body resolving consumer issues outside of court in an inexpensive, fast, and straightforward manner. BPSK serves as an avenue for obtaining information and legal protection equally for airline passengers as consumers and airline companies as businesses. In handling consumer issues, BPSK has the authority to examine the accuracy of reports and statements from disputing parties. - Through Community-based Consumer Protection Institutions (LPKSM)
The dispute resolution process through LPKSM, as stipulated in the Consumer Protection Law, can be chosen through mediation, conciliation, and arbitration. In this process, the disputing parties agree to select one of these settlement methods. The outcome of the resolution process is documented in written agreements, with LPKSM acting solely as a mediator, conciliator, and arbitrator.
2. Litigation or court measures
Based on Article 45 of the Consumer Protection Law, consumers who suffer losses can sue businesses through dispute resolution institutions or through courts within the general court system.
If alternative consumer dispute resolution measures outside of the courts have been attempted and deemed unsuccessful by one of the parties involved, litigation may be pursued.
Preparations for litigation include: filing a lawsuit, preparing evidence or documents related to air transportation, detailing the losses incurred, and compiling a chronology of events from ticket purchase, check-in, boarding pass issuance, and waiting processes at the departure airport until departure and arrival at the destination airport.
As an example, the material losses claimed by the plaintiff in case No. 176/Pdt.G/2019/PN Ptk against PT Lion Mentari Airlines Branch Pontianak include:
The material losses suffered by the Plaintiff are as follows :
- Dinner and drinks = Rp. 120.000,-
- One-night stay at Aston Ketapang Hotel = Rp. 550.000,-
- Breakfast and lunch = Rp. 150.000,-
- Nam Air ticket = Rp.1.043.000,-
- Airport taxi to the hotel (round trip) = Rp.150.000,-
—————————————————————————————-
Total = Rp.2.013.000,-
The moral / immaterial losses are as follows :
- Cancellation of departure time on November 30, 2019, at 15:25 until not determined by the Defendant = Rp.15.000.000.000,-
- Plaintiff’s anxiety / disappointment = Rp.10.000.000.000,-
———————————————————————————————————————————————————————————-
Total = Rp.25.000.000.000,-
Grand Total = Rp.2.013.000,- + Rp.25.000.000.000,- = Rp.25.002.013.000,-
If you require legal consultation, you may contact us through:
Email : Secretary@mnllaw.co.id
Phone : 081295397825 / 081398941976