The Foundation: Your Passenger Charter
Your rights as an air traveller in India are laid out in the Civil Aviation Requirements (CAR), specifically Section 3, Series M, Part IV, issued by the Directorate General of Civil Aviation (DGCA). This document, often simplified as the Passenger Charter,
is not a matter of airline goodwill; it's a binding regulation. It covers every flight operating to, from, and within India, regardless of the airline's nationality. The rules detail what airlines must provide for delays, last-minute cancellations, and when you are denied boarding, often due to overbooking.
Rights During a Flight Delay
Airlines are not required to pay cash compensation for delays in India. Instead, their obligation is to provide care. If your flight is delayed by two hours or more, you are entitled to free meals and refreshments. For longer delays, especially those that stretch overnight (for instance, a delay of more than six hours for a flight scheduled between 8 p.m. and 3 a.m.), the airline must provide free hotel accommodation and transport. If a domestic flight is delayed by more than six hours, you have the right to choose between an alternative flight or a full refund.
When Your Flight is Cancelled
If an airline cancels your flight, your rights depend on how much notice you were given. If you're informed less than two weeks before departure and up to 24 hours prior, the airline must offer an alternative flight or a full refund, as you prefer. If the notice is less than 24 hours, or if you're not informed at all, you are entitled to financial compensation in addition to a full refund. This compensation can range from ₹5,000 to ₹10,000, depending on the flight's block time. You are not required to accept a travel voucher instead of a cash refund.
Denied Boarding and Overbooking
Overbooking flights is a legal and common practice in India. If a flight is overbooked, the airline must first ask for volunteers to give up their seats in exchange for benefits. If you are involuntarily denied boarding despite having a confirmed ticket and checking in on time, you are entitled to significant compensation. If the airline arranges an alternative flight that departs within 24 hours, the compensation is 200% of your one-way base fare plus fuel charge, capped at ₹10,000. If the alternative is more than 24 hours later, that amount doubles to 400%, with a cap of ₹20,000. If you refuse the alternate flight, you are still entitled to this compensation on top of a full ticket refund.
The Major Limit: 'Extraordinary Circumstances'
This is the most critical limit to understand. Airlines are not required to pay financial compensation for delays or cancellations caused by 'extraordinary circumstances' beyond their control. This includes events like bad weather, air traffic control restrictions, political instability, natural disasters, and security risks. However, even in these situations, the airline's 'duty of care' often still applies. This means they may still be obligated to provide meals or hotel accommodation during long waits, even if cash compensation is off the table. A full refund or an alternative flight for a cancellation also remains a right.
How to Claim Your Rights
To claim what you are owed, always start by contacting the airline directly at the airport. Politely but firmly state your rights. If you are denied boarding or your flight is cancelled, the airline must provide you with a written notice explaining your rights to compensation. Keep all your documents: your boarding pass, booking confirmation, and any receipts for expenses. If the airline does not resolve your issue, you can escalate your complaint through the government's AirSewa portal (airsewa.gov.in) or its mobile app. For unresolved issues, you can also approach a consumer court.
