Air Transport & Legal Affairs - Frequently Asked Questions
 


Air Transport

What is a Bilateral Agreement?

A formal bilateral consultation usually begins with a request by one governmental party to another governmental party to hold talks. In the vast majority of cases, each party will be a national government; however, one or both could be an Organization of states, which has requisite authority from its members to hold the consultation.

A bilateral air transport agreements cover only scheduled international air services, but a few also regulate non- scheduled International air Services, but a few also regulate their International air services.

A memorandum of Understanding (MOU) is a less formal type of agreement, which, notwithstanding the lesser formality, may be as binding as a formal agreement and may cover either or both types of International air services.

Standard Bilateral Agreement will deal with the relationship between two states (or goveranments) on the following items.

    1. Designation and Authorization of Air lines.
    2. Grant of Rights
    3. Principles governing operation of agreed services.
    4. Customs, duties, other charges and fees
    5. Entry and Clearance laws and Regulations.
    6. Safety.
    7. Aviation Security.
    8. Commercial Activities between Airlines.
    9. Settlement of disputes
    10. Code sharing

List of Bilateral Air Services Agreements Entered into by Sri Lanka ( bilateral.pdf )


What is the Air Transport Providers (Passenger) Licence?

This is a legal Certificate the Authority issues in terms of the Air Navigation (special Provisions) Act No.55 of 1992 by the Director General of Civil Aviation to a prospective applicant for carrying on the business of air transportation in Sri Lanka.

Any person, Partnerships or Companies who/which intend to carry on the business of air transportation must obtain this licence.

Basically there are two categories of licences viz. Group A and Group B depending on the Paid up capital/Share Capital /Capital Contribution of the Institution.

(a) Who can obtain a Group 'A' Licence?

* A Company registered under the Companies Act No.17 of 1982,having a paid up Capital of Rs. 500,000 or Higher

* A Partnership registered under the Business Names Ordinance (Chapter 149) , having a capital contribution of Rs.500,000 or higher.

* Sole proprietor, registered under the Business Names Ordinance having a Capital Contribution of Rs. 500,000 or higher.

* An Airline that holds a valid Foreign Air Operator Certificate (FAOC ),

Will be entitled to apply for a Group ' A' Licence.

(b) Which institutions can obtain a Group 'B' Licence?

* A Company registered under the Companies Act No. 17 of 1982,having a paid up capital of not less than Rs.250, 000/-.

* Partnerships registered under the Business Names Ordinance (Chapter 149) having a capital Contribution of not less than Rs.250, 000/-

* Sole proprietor registered under the Business Names Ordinance having a capital contribution of not less than Rs250, 000/-.

Will be entitled to apply for a Group 'B' Licence .

Travel Agencies ( travel_agents.pdf )

What are the Documents to be submitted?
There are few documents you have to submit with the Application form as per the Air Transport Provides (Passenger) Licensing regulations No. 01 of 1993.They are as follows.

(a) An appointment letter fro m an Airline or Group 'A' Licence holder that

the Applicant has been appointed as an agent.

(b) Qualifications of the staff. There must be at least two IATA/UFTA

qualified members in the staff.

(c) Agency should have enough office space to carry on the business.

(d) A valid tourist board licence.

(e) Documents to Prove that the agency has enough capital to continue the

business.

(f) Certification letter that the agency agreed to inform all the changes
within the Organization in future to DGCA.

(g) Business registration certificate.

(h) Financial statements.

(I) Certification letter that the agency has agreed to give bank guarantee in future if required .

Complains against an air carrier/Travel Agencies or Airport

How to send a complaint?
may mail or fax the Authority at:

The Director General /CEO,
Civil Aviation Authority of Sri Lanka,
64,Galle Road,
Colombo- 03.


For more information, you may call the Authority from Monday to Friday, from 9 am to 4.45 pm, Local Time.
Please Contact - Mr.Rayhan Wanniappa Deputy Director
( Air Transport & Legal Affairs Section )

Phone: (94-11)-2441522
Fax : (94-11)- 2441522
E-mail Address- rayhanw@sltnet.lk

Is there anything I should do before I contact the Authority?
You should collect all your facts, receipts, names and phone numbers of people to whom you spoke and, most importantly, a copy of your ticket. Having this information at hand will assist in the review of your complaint. Approaching the carrier with your concerns is often a good idea as many problems can be handled quite quickly that way. In the end if you feel that you have a justifiable complaint, or if you are not satisfied with how the airline has resolved your complaint, you may bring it to the Authority.

Do I need to complain to the carrier first?
In many instances, issues or problems may be dealt with quite quickly and simply by bringing the situation to the attention of the carrier first . Some issues such as quality of service provided by an airline should first be brought to the carrier's attention before the Authority will be able to address your complaint.

What if I don't have all the information from my flight?
While it would be helpful to have as much information as possible concerning your air travel arrangements, this does not prevent you from filing your complaint. However, you may encounter delays while staff researches the information that is needed to deal with the complaint. In some cases, it may be impossible to make a determination without sufficient relevant information.

What needs to be included in my complaint?
The more detail you can provide in your complaint, the more easily the matter can be resolved. Please see the complaint forms for details on the type of information, which you should provide for different types of complaints.

If you do not have all the information that the form requires, that is okay, but it will take extra time to find that information and process your complaint.

Is there a time limit to file a complaint?
No, but in practical terms it is better to bring the matter to the carrier's or Agency's attention sooner rather than later. The older a complaint, the more difficult it may be to obtain necessary documents, records, or information.

Are there any fees/costs to process my complaint?
There is no charge to file a complaint with the Authority.

Once I file my complaint, what happens?
When the Authority receives a complaint, a few things must be verified before the complaint can be processed.

First, the complaint is examined to determine if it falls within the jurisdiction of any other government department or agency. If so, then it will be referred to the appropriate organization, and at the same time you will be notified where it has been sent.

Then, it must be verified that you have first raised the issue with the air carrier. If you have not, then your complaint will be forwarded to the airline on your behalf to give the carrier the opportunity to resolve it.

If you are still not satisfied with the way in which the airline handled your complaint, then the Authority can become involved. The nature of the complaint and the outcome that you seek will be determining factors in how the Authority deals with your complaint.

Your complaint will be reviewed to ensure that it is clear and complete. It is possible to expedite matters if you collect all the facts, receipts, names and numbers of people who were involved and, most importantly, a copy of the ticket. Having this information at hand will greatly assist in the review and resolution of your complaint.

Once the Authority has received all your relevant information, it will be forwarded to the carrier to give the airline a chance to respond. Should the air carrier raise any new issue or information, then you may be asked to respond. The Authority will try, whenever possible, to arrive at a solution acceptable to both parties.

Even if your particular complaint cannot be resolved, it will prove useful in assisting the Authority to analyze issues for the airline industry.

If you are curious about the status of your complaint at any time, you may call the Authority staff assigned to your case, using your case reference number, to get an update.

How long does it take?
The Authority procedures for a regulatory complaint require a resolution within 60 days unless an extension is agreed to by all parties. The length of the complaint process will depend heavily on the complexity of the complaint, on the quality and accuracy of information that is provided, and the type of outcome you seek.

It is possible to expedite matters if you collect all the facts, receipts, names and numbers of people who were involved and, most importantly, a copy of the ticket. Having this information at hand will greatly assist in the review and resolution of your complaint.