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The National Civil Aviation Office (OFNAC), within its various missions, has a "Passengers" mission within its Air Transport Directorate.
This mission is responsible for consumer protection and defending the interests of passengers.
The mission implements actions to resolve, where applicable, conflicts between air transport companies and consumers under the conditions specified by regulation.
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Note: The Office is not responsible for reimbursing the passenger
The travel ticket is a contract between the air carrier and the passenger; a contract governed by conventions, either the Warsaw or Montreal Convention.
The signatories, carrier and passenger, are bound to respect the terms of this contract. The two aforementioned conventions address several areas such as:
No compensation is due from the carrier. However, if the passenger believes they have suffered damage resulting from a significant delay, they can still claim compensation from the carrier (Article 19 of the Warsaw and Montreal Conventions).
Before denying boarding to a passenger, airlines are required to make an announcement in the gate area to find volunteers. Passengers denied boarding involuntarily are entitled to re-routing or compensation.
Compensation is not due if the passenger is notified two weeks in advance or if re-routing is offered at the same times or in case of force majeure (weather conditions).
OFNAC acts as a mediator between the passenger and the air carrier. The passenger can contact OFNAC after three months without a response from the airline.
The carrier’s liability is subject to two regimes for international flights: the Warsaw Convention signed in 1929 and the Montreal Convention in 1999. The Warsaw Convention applies between two states not signatories to the Montreal Convention or between two states where one has ratified it and the other has not. The Montreal Convention applies between two states that have ratified it. Compensation for loss or damage follows the airline’s standards.
Acceptance, reservation, and transport cannot be refused to a person with reduced mobility; except to comply with safety requirements set by the manufacturer or if the size of the aircraft or its doors makes boarding or transport physically impossible.
You should first try to resolve the issue you encountered by contacting the responsible company directly. If you have not given your carrier the time limit provided at the time of ticket purchase, the Office’s role will be limited to forwarding a copy of your complaint to the carrier.
Before asking the National Civil Aviation Office (OFNAC) to investigate your complaint, you should first try to resolve the issue you encountered by contacting your carrier directly.
If you have not given the air carrier at least 30 days to respond to your written complaint, the Office’s role will be limited to forwarding a copy of the complaint to which it must respond directly by communicating with you.
The Office can handle complaints concerning the following topics:
Baggage: for example, lost, damaged and delayed baggage, or size and number limits. Claims related to baggage, both in Haiti and abroad, require proof of loss. In general, the Office cannot award compensation beyond the liability limits prescribed by carriers in their tariffs.
Flight disruptions: note that carriers usually do not accept liability for flight delays, missed connections when traveling with tickets from two or more different carriers, expenses incurred in "force majeure" situations (weather conditions, mechanical failure), or damages resulting from flight delays.
Tickets and reservations: for example, lost tickets, expired tickets, fees associated with ticket issuance, and canceled reservations. Issues related to tickets and reservations fall under the Office’s jurisdiction and the related terms of use and transport must be clear, reasonable and not unduly discriminatory.
Denied boarding: refers solely to a situation where a person is unable to board an aircraft when a carrier sells more seats than available (also called "overbooking" or "bumping").
Refusal to transport: refers to a situation where a person is denied access to an aircraft or is removed due to actions the person has or has not taken.
Passenger transport fares and fees: Air fares and fees for flights to and from Haiti must comply with carrier tariffs, international conventions and/or the relevant bilateral air services agreement between Haiti and the country concerned.
Goods: for domestic air transport, the Office’s jurisdiction applies to rates for goods transport where competition is minimal or nonexistent. For international services, the Office’s jurisdiction depends on the nature of the applicable international convention or air transport agreement. The terms of carriage for goods transported both in Haiti and abroad must be clear, reasonable and not unduly discriminatory.
The Office cannot handle complaints concerning the following topics:
Level or quality of customer service: These issues are strictly the responsibility of the airline management and should be addressed directly to it.
Travel agencies: Complaints regarding travel agencies should be addressed to the Ministry of the Interior, including travel.
Indirect damages: The Transport Office has no mandate to award damages such as loss of income, loss of enjoyment, pain, suffering, etc. If you believe you are entitled to damages in a similar case, you may wish to consult a lawyer.
Aircraft safety and security: These issues fall under the competence of the Security and Safety Group of the OFNAC General Directorate of Civil Aviation.
Aircraft noise: Complaints about aircraft noise should be addressed to the relevant airport authority (AAN).
Aircraft cabin safety standards: These issues fall under the competence of the Directorate of Civil Aviation Safety of Haiti (DESACH).
Problems encountered in airport terminals: Complaints on this subject should be addressed directly to the airport administration responsible for the terminal where the problem occurred (National Airport Authority - AAN).
The Office’s mandate is to ensure that air carriers comply with their legal obligations and that their tariffs are clear, reasonable and not unduly discriminatory. Most of the time, complaints received by the Office are first handled through the informal complaint resolution process. If the Office believes that the way the carrier resolved your complaint complies with its legal obligations, or if the Office’s efforts to informally resolve your dispute with your carrier have been unsuccessful, you will receive written notice to that effect with an explanation justifying this conclusion. If you are not satisfied with the results of the informal complaint resolution process – if you believe the air carrier has not complied with its legal obligations, or if you believe the carrier’s tariff is unclear, unreasonable or unduly discriminatory – you can turn to the Office’s formal complaint resolution process.
The Office is a quasi-judicial administrative tribunal responsible for a wide range of regulatory issues as well as dispute resolution related to air transport, governed by laws and regulations. The Office’s quasi-judicial decision-making process for handling complaints is governed by rules of procedural fairness and natural justice. The formal process is conducted fairly and impartially and concludes with a decision by a committee of members assigned to handle the complaint. The formal process usually involves a written exchange of arguments (pleadings) between the complainant and the air carrier. If the Office considers your case to be of public interest, it may opt for a public hearing. Once the committee has reviewed and weighed the evidence submitted by the parties, it issues an official Office decision.
It is important that you know that the decision posted on the Office’s website will include the names of the parties involved. It will also be distributed to a number of organizations subscribed to receive Office decisions. Any other personal information will be protected. For more information on the disclosure of personal information, refer to the Privacy Statement attached to the Air Transport Complaint Form.
Once your file is opened, a complaint processing agent from the Office will contact you. They may ask you questions to better understand the nature of your complaint (complaint service).
The complaint agent will attempt to determine whether your air carrier appears to have complied with its legal obligations and, if applicable, will attempt to facilitate a settlement with the carrier.
Note: If you are completing the form on behalf of the passenger, you must be able to fully participate in all aspects of the complaint processing, with the passenger’s authorization.
If you have any questions or would like more information,
do not hesitate to contact us.
