For the purposes of Article 1 st of Regulation No. 03/2003 / CM / UEMOA establishing the rules relating to compensation for denied boarding passengers and for cancellation or long delay of a flight, made in Ouagadougou, on March 20, 2003, and published in the Official Bulletin of the West African Economic and Monetary Union (UEMOA), we mean by:
Final destination : destination appearing on the ticket presented at check-in or, if there are several successive flights, on the coupon corresponding to the last one flight. Connecting flights which can be performed without difficulty, even if the denied boarding has caused a delay, are not taken into account.
Denied boarding : refusal by the air carrier to board passengers who cumulatively have a valid ticket, a reservation confirmed for the flight concerned and presented themselves for check-in within the required time limits and conditions;
Reservation confirmed : fact that a ticket, sold by the air carrier or by its authorized travel agent: specifies the number, the date and the The time of the flight, bears in the space reserved for this purpose the mention “OK” or any other mention or means by which the air carrier indicates that it has registered and expressly confirmed the reservation.
Air carrier : an air transport company operating traffic rights to, from and within WAEMU member states (West African Economic and Monetary Union).
Scheduled flight : flight which has the following characteristics: performed, against payment, using aircraft intended to carry passengers and cargo and / or mail, under conditions such that, on each flight, seats are made available to the public, either directly by the air carrier or by its authorized agents, organized so as to ensure the connection between two or more points : either according to a published timetable; or with such regularity or frequency that it is part of an obvious systematic series.
Overbooked flight : flight on which the number of passengers with a confirmed reservation and arriving for check-in within the deadlines and conditions required exceeds the number of seats available.
Volunteer : person who, having a confirmed reservation and, having presented himself for check-in within the required deadlines and conditions, is ready to cede, when the air carrier so requests, the said reservation in exchange for compensation.
Scope, Boarding Rules and Remedies
Article 2 of these Regulations establishes the minimum rules applicable to passengers refused boarding an over-booked scheduled flight and to passengers who are victims of a canceled flight or subject to a long delay for which they have a valid ticket that has been the subject of a booking confirmation, departing from an airport located in the territory of a Member State, and what regardless of the State in which the air carrier is established, the nationality of the passenger as well as the place of destination.
The Boarding Rules are set by Article 3 of Regulation No. 03/2003 / CM / UEMOA:
The air carrier must set the rules that it will follow for the boarding of passengers in the case of a reserved flight. It shall notify these rules and any changes to the Member State concerned and to the Commission, which will make them available to the other Member States. Any changes will enter into force one month after the notification of the air carriers.
The rules referred to in paragraph 1 above are made available to the public at the agencies and check-in counters of the air carrier in a visible, accessible and legible manner.
The rules referred to in paragraph 1 above must provide for the use of volunteers willing to waive boarding.
In any case, the air carrier must take into consideration the interests of passengers who must be routed as a priority for legitimate reasons, such as people with reduced mobility and children unaccompanied.
In addition, air carriers must provide each passenger denied boarding, victim of a cancellation or a long flight delay, a notice setting out the rules of financial compensation (Article 9).
As for Article 10 of Regulation No. 03/2003 / CM / UEMOA, it relates to other remedies:
The provisions of these Regulations apply without prejudice to any civil liability action that the passenger may exercise before the competent courts.
Paragraph 1 above does not apply to volunteers as defined in article 1, paragraph l) above who have accepted compensation in application of the rules referred to in Article 4 above.
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Regulation No. 03/2003 / CM / UEMOA