Complaint
Article 1: Scope
This Regulation establishes rules for the protection of and provision of assistance to disabled persons and persons with Disabilities traveling by air, both to protect them against discrimination and to ensure that they receive assistance.
Article 2: Prevention of a refusal of carriage
1. An air operator or its agent or a tour operator shall not refuse, on the grounds of disability or of Disabilities:
(a) To accept a reservation for a flight departing from or arriving at an airport to which this Regulation applies;
(b) To embark a disabled person or a person with Disabilities at such an airport, provided that the person concerned has a valid ticket and reservation.
2. An air operator or its agent or a tour operator may refuse, on the grounds of disability or of Disabilities, to accept a reservation from or to embark a disabled person or a person with Disabilities:
(a) In order to meet applicable safety requirements established by national law or in order to meet safety requirements established by the authority that issued the Air Operator's Certificate to the air operator concerned;
(b) If the size of the aircraft or its doors makes the embarkation or carriage of that disabled person or person with Disabilities physically impossible.
3. A disabled person or a person with Disabilities who has been denied embarkation on the grounds of his or her disability or Disabilities and any person accompanying this person pursuant to paragraph 4 of this Article shall be offered the right to reimbursement or re-routing. The right to the option of a return flight or re-routing shall be conditional upon all safety requirements being met.
4.An air operator or its agent or a tour operator may require, on the grounds of disability or of Disabilities, that a disabled person or person with Disabilities be accompanied by another person who is capable of providing the assistance required by that person.
5. An air operator or its agent shall make publicly available, in accessible formats and in at least the same languages as the information made available to other passengers, the safety rules that it applies to the carriage of disabled persons and persons with Disabilities, as well as any restrictions on their carriage or on that of mobility equipment due to the size of aircraft. A tour operator shall make such safety rules and restrictions available for flights included in package travel, package holidays and package tours which it organises, sells or offers for sale.
6. When an air operator or its agent or a tour operator exercises a derogation under paragraphs 1 or 2, it shall immediately inform the disabled person or person with Disabilities of the reasons therefore. On request, an air operator, its agent or a tour operator shall communicate these reasons in writing to the disabled person or person with Disabilities, within five working days of the request.
Article 3: Transmission of information
1. Air operators, their agents and tour operators shall take all measures necessary for the receipt, at all their points of sale, including sale by telephone and via the Internet, of notifications of the need for assistance made by disabled persons or persons with Disabilities.
2. When an air operator or its agent or a tour operator receives a notification of the need for assistance at least 48 hours before the published departure time for the flight, it shall transmit the information concerned at least 36 hours before the published departure time for the flight:
(a) to the managing bodies of the airports of departure, arrival and transit, and
(b) to the operating air operator, if a reservation was not made with that operator, unless the identity of the operating air operator is not known at the time of notification, in which case the information shall be transmitted as soon as practicable.
3. In all cases other than those mentioned in paragraph 2, the air operator or its agent or tour operator shall transmit the information as soon as possible.
4. As soon as possible after the departure of the flight, an operating air operator shall inform the managing body of the airport of a destination of the number of disabled persons and persons with reduced mobility on that flight requiring assistance and of the nature of that assistance.
Article 4: Assistance by air operators
An air operator shall provide reasonable assistance, without additional charge, to a disabled person or person with reduced mobility departing from, arriving at or transiting through airports in Oman enabling the person to board or disembark a flight and shall coordinate that assistance with that provided by the airport, provided that the person in question has purchased a valid contract for carriage on that airline.
Article 5: Assistance by airports
1. When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the provision of reasonable assistance, without additional charge, to enable the person is able to take the flight for which he or she holds a reservation, provided that the notification of the person's particular needs for such assistance has been made to the air operator or its agent or the tour operator concerned at least 48 hours before the published time of departure of the flight. This notification shall also cover a return flight if the outward flight and the return flight have been contracted with the same air operator.
2. Where the use of a recognised assistance dog is required, this shall be accommodated provided that notification of the same is made to the air operator or its agent or the tour operator in accordance with applicable national rules covering the carriage of assistance dogs on board aircraft, where such rules exist.
3. In the event that no notification is made in accordance with paragraph 1, the managing body of an airport shall make all reasonable efforts to provide assistance in such a way that the person concerned is able to take the flight for which he or she holds a reservation.
4. When a disabled person or person with reduced mobility transits through an airport to which this Regulation applies, or is transferred by an air operator or a tour operator from the flight for which he or she holds a reservation to another flight, the managing body shall be responsible for ensuring the provision of reasonable assistance to enable the person to take the flight for which he or she holds a reservation.
5. On the arrival by air of a disabled person or person with reduced mobility at an airport to which this Regulation applies, the managing body of the airport shall be responsible for ensuring the provision of reasonable assistance to enable the person to reach his or her point of departure from the airport.
6. The assistance provided shall, as far as possible, be appropriate to the particular needs of the individual passenger.
Article 6: Responsibility for assistance at airports
1. The managing body of an airport shall be responsible for ensuring the provision of assistance within the airport, without additional charge, to disabled persons and persons with reduced mobility.
2. The managing body may provide such assistance itself or may contract with one or more other parties (including any air operators) for the supply of the assistance.
3. The managing body of an airport may, on a non-discriminatory basis, levy a specific charge on all airport users for the purpose of funding this assistance.
4. This specific charge shall be reasonable, cost-related, transparent and established by the managing body of the airport in cooperation with airport users. It shall be shared among airport users in proportion to the total number of all passengers that each carries to and from that airport.
5. If such a specific charge is levied, the managing body of an airport shall make available to airport users, as well as to the Authority, an audited annual overview of charges received and expenses made in respect of the assistance provided to disabled persons and persons with reduced mobility.
Article 7: Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices
Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international and national law.
Article 8: Exclusion of waiver
Obligations towards disabled persons and persons with reduced mobility pursuant to Chapter III, Part 2 of this Regulation shall not be limited or waived.
Article 9: Enforcement body and its tasks
The Authority shall be responsible for the enforcement of this Regulation as regards flights departing from or arriving at airports situated in Oman. Where appropriate, it shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility and any person accompanying them are respected.
Article 10: Complaint procedure
1. A disabled person or person with reduced mobility who considers that this Regulation has been infringed must in the first instance bring the matter to the attention of the managing body of the airport or to the attention of the air operator concerned, as the case may be.
2. If the complaint is not satisfactorily resolved it should be referred to the Authority.