Your Shield: The DGCA Passenger Charter
In India, your rights as an air traveller are not just goodwill gestures from airlines; they are mandated by law. The Directorate General of Civil Aviation (DGCA) has a comprehensive set of rules, often referred to as the Passenger Charter, outlining
what airlines must provide during disruptions. These regulations, specifically the Civil Aviation Requirements (CAR), Section 3, Series M, Part IV, apply to all flights operating to, from, and within India, regardless of the airline's nationality. Knowing these rules can transform a stressful situation by empowering you to claim what you are rightfully owed.
Decoding Delays: When Does the Airline Owe You?
The clock starts ticking the moment your flight is delayed. While no cash compensation is provided for delays alone, airlines have a 'duty of care'. If your flight delay exceeds certain thresholds, you are entitled to assistance. For delays of two to four hours, airlines must provide you with free meals and refreshments. If the delay extends beyond six hours, the airline is obligated to offer you the choice of an alternate flight or a full refund of your ticket. For overnight delays (often defined as those over six hours for flights scheduled between 8 p.m. and 3 a.m.), airlines must provide free hotel accommodation and transportation to and from the airport.
Cancellations: Your Right to a Refund and More
If an airline cancels your flight, your rights depend on when you were notified. If you are informed of the cancellation between two weeks and 24 hours before departure, the airline must offer an alternative flight or a full refund. The situation changes significantly if the notice period is less than 24 hours or if you're not informed at all. In such cases, on top of a full refund, you are entitled to monetary compensation. This can range from ₹5,000 to ₹10,000, depending on the flight's block time. Importantly, airlines are obligated to refund your money within 14 working days if you booked through a travel agent and within seven days for card payments.
Denied Boarding: When Overbooking Pays You Back
Airlines are legally allowed to overbook flights, but if you are involuntarily denied boarding despite having a confirmed ticket and checking in on time, you are entitled to significant compensation. Airlines must first ask for volunteers to give up their seats in exchange for benefits. If not enough volunteers come forward, those bumped off are owed compensation. If the airline arranges an alternate flight that departs within 24 hours, you are entitled to 200% of your one-way base fare plus fuel charge, capped at ₹10,000. If the alternate flight is more than 24 hours later, this compensation doubles to 400%, capped at ₹20,000. If you refuse the alternate flight, you get a full refund in addition to the compensation.
The 'Extraordinary Circumstances' Clause
It is crucial to understand that monetary compensation for cancellations and denied boarding does not apply when the disruption is caused by 'extraordinary circumstances'. These are events beyond the airline's control, such as severe weather, air traffic control restrictions, or political instability. However, even in these force majeure situations, the airline's 'duty of care' remains. They must still provide you with meals, refreshments, and hotel accommodation for long delays, and offer a full refund or an alternate flight if the service is cancelled.
How to Claim Your Rights
Knowing your rights is the first step; claiming them is the second. If you face a disruption, first approach the airline's staff at the airport. They are required to provide you with a written notice of your rights. Document everything: keep your boarding pass, take pictures of the departure board, and save all communication from the airline. If the airline staff are unhelpful, you can escalate the issue. The government has created the AirSewa portal and mobile app as a one-stop platform for grievance redressal. Since its launch, it has handled tens of thousands of complaints, and recent upgrades are aimed at resolving issues even faster.
