Your Basic Rights Explained
When your flight is disrupted in India, you are not powerless. The Directorate General of Civil Aviation (DGCA) has specific regulations—known as Civil Aviation Requirements (CAR)—that dictate what airlines must provide. These rules cover domestic flights
and all flights operating to and from India, regardless of the airline's nationality. These entitlements are not goodwill gestures; they are legal obligations. They cover three main scenarios: flight delays, cancellations, and denied boarding (usually due to overbooking). Understanding which rules apply to your situation depends on the length of the disruption and how much notice the airline provided.
When Your Flight Is Delayed
For delays, your rights are tiered based on how long you have to wait. While cash compensation isn't typically offered for delays alone, airlines have a mandatory duty of care. If your flight is delayed by two hours or more, the airline must provide you with free meals and refreshments appropriate for the time of day. If the delay extends to six hours or more for a domestic flight, your options expand significantly: you can choose to abandon your travel plans and receive a full refund, or you can accept an alternative flight. For overnight delays, especially those involving flights scheduled between 8 p.m. and 3 a.m., airlines are required to provide hotel accommodation along with transportation to and from the airport. It is important to note that these care provisions apply even if the delay is caused by factors outside the airline's control, like weather.
If Your Flight Is Cancelled
When an airline cancels your flight, you are always entitled to a choice: a full refund of your ticket or an alternative flight to your destination. The choice is yours, and the airline cannot force you to accept a travel voucher instead of a cash refund. Whether you are also entitled to financial compensation depends on when you were informed. If the airline notifies you less than 24 hours before the scheduled departure, you may be eligible for compensation up to ₹10,000, depending on the flight's original duration. If you are informed between 24 hours and two weeks before departure, the airline's main obligation is to offer you an alternative flight or a full refund, without the additional compensation.
Denied Boarding Due to Overbooking
Airlines sometimes sell more tickets than there are seats on a plane. If you are involuntarily denied boarding on an overbooked flight, you are entitled to significant compensation under DGCA rules. This is one of the few situations where substantial, on-the-spot compensation is mandated. If the airline arranges an alternative flight that gets you to your destination within an hour of your original arrival time, no compensation is due. However, for longer delays, compensation can range from 200% to 400% of your one-way basic fare plus fuel charge, capped at ₹20,000. This is in addition to being provided with an alternative flight or a full refund if you choose not to travel.
The 'Extraordinary Circumstances' Clause
The most important condition to understand is the 'extraordinary circumstances' clause. Airlines are exempt from paying financial compensation for cancellations and delays if the disruption is caused by events beyond their control. This includes severe weather, air traffic control restrictions, political instability, security risks, and strikes by airport staff. However, this clause has limits. It does not absolve the airline of its duty of care. You are still entitled to meals, refreshments, hotel stays for overnight delays, and the choice of a refund or an alternative flight. The burden of proof is on the airline to demonstrate that the disruption was truly unavoidable.
How to Claim What You're Owed
To claim your rights, start by speaking with the airline's staff at the airport. Be calm but firm, and state what you are entitled to under DGCA rules. Keep all documents, including your boarding pass, booking confirmation, and any communication from the airline about the disruption. If the airline's staff are unhelpful, file a formal complaint through the airline's official channels. If your issue remains unresolved, you can escalate it by filing a grievance on the government's AirSewa portal (airsewa.gov.in) or app, which is monitored by the DGCA. This creates an official record and puts pressure on the airline to comply with regulations.
