KENYA ASSOCIATION OF AIR OPERATORS
CODE OF CONDUCT
Kenya Association of Air Operators (KAAO) is an establishment that was formed to promote, foster and protect the interests of those engaged in all forms of Civil Aviation activities, associated industries, and their customers. It is a registered non profit-making organization which enjoys recognition by the government, its agencies, and the private sector.
Its membership is composed of four categories as follows:-
Honorary life membership
The main activity of KAAO members is to carry out air operations [both scheduled and non-scheduled], aircraft leasing, and aircraft maintenance. The standards of operations are set and practiced, to reflect membersâ€™ commitment to the achievement of the following goals:
- To promote high level of flight safety.
To ensure that high standards of security are achieved and maintained in the countryâ€™s aviation sub-sector.
To assist the Government in promoting Kenya as a prime tourist destination.
To provide the country with efficient, safe and affordable transport system opening up remote corners of the country and acting as a link to the rest of the world.
To facilitate some of the large scale agricultural pest control.
To play an enabling role in emergency humanitarian missions.
To uphold the business ethics and operational standards of the aviation sub-sector, with a view to promoting and sustaining economic growth.
All members of the Kenya Association of Air Operators are bound by the rigid Rules in the Code of Conduct, designed to ensure that all members carry out their operations by observance of utmost professionalism. It is helpful in this regard that the aviation sub-sector has been traditionally used to operating within strict regulations which are based on international standards and recommended practices.
In compiling this Code of Conduct five clear objectives have been defined. These are:
To uphold the good reputation of the Aviation sub-sector by ensuring that members maintain the highest standards of service and value.
To institute a system of redress, to give operators, their agents, and clients, the confidence of knowing that the industry has a mechanism designed to consider possible redress of any wrongs which may have been occasioned.
To recommend certain requirements which the relevant Government agency / authority might consider in determining new regulations in the interest of safety , efficiency and industry growth.
To provide a means for the Associationâ€™s members to seek solutions or redress in any dispute involving another member or a non-member of the
To instill a spirit of unity and loyalty to each other amongst members of the Association.
CONDUCT BETWEEN MEMBERS AND THE PUBLIC/CLIENTS
Standard of Service
Members shall maintain high standards in serving the public/client and shall comply with all relevant statutory requirements.
Members have an obligation to provide clients with objective and honest information of their services. They shall ensure that the contractual clauses proposed to their customers are readily understandable as to the nature, price and quality of the services they commit themselves to provide and the nature of compensation in the event of a unilateral breach of contract on their part.
Advertising documents, statements or other publications, in writing or otherwise, shall not contain anything which is likely to mislead the public.
Alterations to or Cancellation of Services
When alterations/cancellations are made for which bookings have already been accepted, members shall inform their clients in good time.
A member shall not cancel service arrangements after the date when payment of the balance of the price becomes due unless it is necessary to do so as a result of hostilities, political unrest or other circumstances amounting to a force majeure. The member shall inform agents and direct clients without delay and shall offer the choice of alternative arrangement, of at least comparable standard, if available. Alternatively, a prompt and full refund of all monies paid less reasonable expenses shall be made.
Should a material alteration become necessary to a service arrangement for which bookings have already been made, the Member concerned shall inform clients the choice of either accepting the alteration, which must be of comparable standard, or of receiving a prompt and full refund of all money paid, less reasonable expenses when the alteration is due to circumstances amounting to force majeure.
In the event of delays or loss of baggage the action taken by the member-operator should be to the minimum of IATA guidelines and the Warsaw Convention.
Cancellation by Clients
A Member shall clearly state in his booking conditions the cancellation fees which the client shall be liable to incur, as well as the terms and conditions under which the client shall be liable to incur such fees.
Complaints shall be dealt with promptly and efficiently and in the event of a dispute with a client, every effort shall be made to settle the matter amicably and as quickly as possible. Where complaints are of such a nature that they involve other parties who are members of a KTF affiliate organisations, reference to the relevant association is necessary. A Member shall do his best, acting as intermediary, to bring about a satisfactory conclusion.
Transactions and Correspondence
Transactions with clients shall be treated as confidential and correspondences shall be dealt with promptly.
CONDUCT BETWEEN MEMBERS AND CLIENTS
Members shall give full services to their clients and shall conform to all lawful and reasonable instructions.
Members shall always carry out contractual obligations in an honorable manner and observe the rules, regulations and conditions of business.
Members and their staff shall make themselves conversant with the tariffs, rules and regulations of the industry.
Members should accept or release accommodation and other reserved services as quickly as possible and within the periods stipulated by the Principal.
Members shall adhere to truthful statements and professionalism when called upon to express opinions.
Members shall settle supplierâ€™s accounts promptly and within the specified period.
Whenever a complaint or grievance by a client involves any other parties, Members will give the party concerned every opportunity to make a full investigation before taking any action against the party or seeking to publicize the grievance.
CONDUCT AMONGST MEMBERS AND OTHER OPERATORS
Members shall deal fairly with one another and shall not damage the reputation of, nor disparage the business practices of or services offered by fellow members.
Members providing services in the aviation industry shall not operate any services unless fully authorized so to do and relevant permits, and current licenses and certificates, issued by the relevant regulatory body/agent, are held.
Members shall not engage the services of organizations/traders that do not have the necessary current permits/licenses/certificates required by the law.
Members shall not allow non-licensed companies or individuals to utilize their licenses/permits/certificates with the object of circumventing legal obligations.
Members shall not accept a client or agent who is allegedly indebted financially to another member of the Association, unless prior reference has been made to the Ethics and Standards Sub-Committee. This restriction shall be mandatory once the matter has been investigated by the Ethics and Standards Sub-Committee and in the opinion of the latter the client/agent has been proved to be culpable.
Members shall only sub-contract to licensed operators and where in doubt to consult the Secretariat for clarification.
Members will carry out their undertakings with due regard to the national environmental protection requirements.
Members shall uphold the principles of equal opportunity in employment and carry out their business devoid of any manner of discrimination.
INFRINGEMENT AND ENFORCEMENT
Any Member becoming aware of unethical practices on the part of fellow Members should advise the Ethics & Standards Sub-Committee and, provide full information and evidence of the alleged malpractices. Such information will be held in strict confidence.
In the event of a complaint touching on infringement of this Code of Conduct, all facts pertaining to the alleged infringement shall be fully examined by the Associationâ€™s Ethics & Standards Sub-Committee.
The Member against whom an allegation has been made shall provide, at the request of the Ethics & Standards Sub-Committee, such further information or documentation as may be required within such period as may be specified.
The Ethics & Standards Sub-Committee shall, before reaching any final conclusions; give the Member concerned the opportunity of making representations either personally or in writing in cases where disciplinary action is likely to be the out-come.
The Ethics & Standards Sub-Committeeâ€™s decision in regard to a reprimand, fine or expulsion shall be binding on the part of the member concerned.
A member may make a substantiated case of appeal to the Executive Committee on any decision reached by the Ethics & Standards Sub-Committee. The decision of the Executive Committee will be final.
When a dispute involves a member and another party which is member of a sister association, the Ethics Committee may recommend to the Executive Committee to refer the matter to the KTF Ethics sub-committee.
Members shall insure against legal liabilities from any injuries caused to clients and members of the public whilst legally in its premises.
Members and their principals shall act only as agents of their clients in all matters relating to hotel accommodation, sightseeing, tours and transport whether by aircraft, road, motor coach, ship, boat, or any other means, and shall not be liable for injury, delay, loss or damage from any cause and in any manner whatsoever, except when the business and/or the facility is operated or owned by the member.
The memberâ€™s liability to clients shall be governed by the laws of the Republic of Kenya and no other country, unless in special circumstances contractually so provided for. All claims are subject to the jurisdiction of the courts of the Republic of Kenya.
The member reserves the right to employ subcontractors to carry out all or any part of the services agreed to be supplied and in the event of the exercise of such right the terms of clause (c) relating to the memberâ€™s liability shall apply.
Members shall in as far as possible encourage their clients to have own insurance to cover any eventuality.
In the event that any claim is made against a member in respect of any loss or damage occasioned by breach of contract, negligence or other fault by the member, the member shall be liable to indemnify the claimant only if such claim would have succeeded and only to the extent that damages would have been awarded in the courts of the Republic of Kenya if the claimant had submitted to the jurisdiction of the said courts.
In respect of any such claim as is mentioned in sub-clause f) of this clause the member shall be under no liability whatsoever or howsoever arising other than the liability expressly assumed in this clause.
For the purpose of this clause the member shall be deemed to include his servants and agents and shall be deemed to contract on his own behalf and on behalf of each such servant and agent.
The Association however encourages competition among its members and does not seek to be a cartel. On the contrary, it would normally reject any proposal which seeks to promote monolithic, closed shop or anti competitive practices. It may however, as a last resort sometimes call upon its members to voluntarily adopt certain codes of practice in the interests of the majority, particularly where standards of safety might otherwise be compromised or the economic viability of the members is endangered. For example, it may impose a ban on the use of unsafe airfields, or refuse to provide services to a known bad payer, or it may impose minimum standards above those required by the law to ensure the safety of a given operation, if in the committeeâ€™s opinion such standards are reasonable, justifiable, economically sustainable and serve to promote the safety of passengers and enhance the professionalism of air operations. In the event that the committee calls for unanimous action of such a kind, the members of the Association are bound to comply.
Members and their staff shall constantly familiarize themselves with the provisions of this Code of Conduct.
Members shall observe not only the letter but also the spirit of the Code of Conduct, its ethics and ideals, thus giving true significance to the aims and objectives of the Association.
All advertising material, brochures, and letterheads produced by Members may indicate membership of the Association and carry the association logo. Members are encouraged to display the logo insignia in a prominent position in their business premises.
Members shall allow and facilitate entry and inspection of their business premises, documents, and equipment, by the standards & ethics sub committee and / or the Executive Committee, [or their member/s] when requested so to do for purposes of investigation of a specific case or complaint.
The Ethics and Standards Sub-Committee, members are elected/nominated by the Executive Committee and shall include an officer appointed by the Ministry of Transport & Communications or Kenya Civil Aviation Authority. It is the body which has been set up for the purpose of monitoring and interpreting the conditions contained in the Code of Conduct, for inquiring into any alleged breach of these conditions and making recommendations accordingly to the Executive Committee. The Sub-Committee will also make recommendations to the Executive Committee in respect of amendments to the code in the light of experiences gained.
Members are required to signify their agreement to strictly observe the Ethics and Standards incorporated in this Code of Conduct and to abide by judgments reached by the Standards and Ethics Sub-Committee and the Executive Committee whenever the requirements of the Code of Conduct are considered to have been breached.
The conditions contained in the Code are by no means exhaustive and will be amended to continually reflect positive experiences and representations from members and the industry. The Code of Conduct is acceptable to the Ministry in charge of Transport, which has indicated that major or continued contravention of its conditions, even by non-members of the Association, may well have a deleterious effect on the Kenya Civil Aviation Authorityâ€™s decision to grant or renew license/s and / or operating certificate/s of the contravening organization/s.