Whether you’re a frequent flyer, an occasional holidaymaker or a first-time explorer, the bustle of getting to the airport, saying your goodbyes and checking in is sure to spark excited anticipation. But life doesn’t always go as planned, and arriving at the airport to find that your flight has been delayed, cancelled or overbooked can throw cold water on your wanderlust.

Is the airline liable for any lost holiday time or missed connecting flights? Are you entitled to some form of compensation? The answers to these questions will be determined by the specific facts of every different situation, but it helps to know your rights and the airline’s responsibilities.

Are airlines in South Africa obliged to compensate you?

Under South African law, airlines aren’t required to compensate you for delays or cancellations, which means that you can’t claim for hotel stays or meal vouchers if you have to wait near the airport overnight for the next domestic flight. You may, however, get your money back if a flight is cancelled and there are no other available flights. The Consumer Protection Act gives you some rights, but enforcing them can be tricky, especially in the case of overbooked flights. If your flight is cancelled and the airline doesn’t refund you or offer an alternative flight, file a complaint with the National Consumer Commission.

Fortunately, this doesn’t mean that airlines will simply refuse to compensate you for delayed, overbooked or cancelled domestic flights. Each airline has its own set of terms and conditions, which lists what the airline will cover and the conditions that must be met to qualify for reimbursement or compensation. However, getting compensation for later inconveniences caused by the delay – such as missed connecting flights or business meetings, or having to change your holiday plans – will be harder.

If your affected flight was international, you may be able to claim compensation for international travel under the Montreal Convention 1999 (MC99).

The Montreal Convention 1999

This treaty, formally called the Convention for the Unification of Certain Rules for International Carriage by Air, was established to improve and standardise compensation processes, enhance your protection as a passenger, and create a fairer international system of airline liability. It covers only international travel and will not apply to domestic flights. It also excludes certain types of claims (for example, psychiatric injury), and all liability amounts have strict limits.

What does the MC99 cover?

• Physical harm
  If you experience a serious injury or even death during a flight, the airline you are travelling with may be liable to compensate you or your family.

• Luggage protection
  Baggage liability includes compensation if your luggage is lost, damaged or delayed. Guidelines outline how to resolve various luggage-related disputes, so your outcomes may vary.

• Flight issues
  If your international flight experiences major delays that cause you extra costs – like having to pay for accommodation, meals, or transport – the airline can be held responsible for these expenses. Similarly, if your international flight is cancelled and you suffer from financial losses as a result – for example, by missing prepaid reservations or having to pay for additional hotel nights – you can claim under the MC99. However, in the case of both delayed and cancelled flights, fixed compensation amounts are not specified.

How to claim from MC99

Keep records

Keep all your travel-related documents, like boarding passes, ticket receipts and baggage tags. Record all communication with the airline about the issue.

Submit claims in time
 

• Lost and delayed baggage:
  You must claim compensation for delayed luggage within 21 days of receiving it. If the luggage is not found and delivered within 21 days, it is considered lost. You must claim for lost luggage immediately if it has not arrived after 21 days.
  
  
• Damaged baggage: 
  Claim within 7 days of receiving your baggage.
  
  
• Injuries or death: 
  Notify the airline within 7 days and file a claim within 2 years. In the case of death, next-of-kin must do this.
   

Give proper reasons for claims

• Baggage issues: 
  Include baggage tags and any receipts for expenses caused by delays or losses.
  
  
• Injuries or death: 
  Provide medical reports. In the case of death, your family must provide a death certificate.
  
  
• To submit your claim: 
  Contact the airline to report the situation immediately and get the necessary claim forms from them. Clearly describe the incident and provide all records and proof of damage or loss. If the airline does not help you and you want to take legal action, do so within 2 years of the incident.

Safeguard your trip with travel insurance

While the law is there to protect you, the claims process can be long, tiresome and frustrating. You might not qualify for compensation if you don’t meet strict conditions, and you may have to take costly legal action to get your claims processed. You can avoid most of these issues and all the inconvenience if you have travel insurance.

Nedbank’s MiGoals Premium debit and credit card come with many benefits, including automatic domestic and international travel insurance when you use these cards to buy return travel tickets – you can also add optional top-up cover. You also get 12 domestic lounge visits a year and access to travel and car hire savings through your Greenbacks membership (provided you’ve linked your account to Greenbacks). The same perks and more are available if you have a Private One or Private Bundle account, which also come with an American Express card that rewards you with double the Greenbacks on your eligible spend.

Even without a MiGoals Premium, Private One or Private Bundle account, you can take out personal travel insurance with Nedbank. You’ll benefit from free 24-hour emergency assistance, medical emergency cover, luggage protection and even ticket upgrades. Get peace of mind and premium benefits to make your trips stress-free and more rewarding.