The Ministry of Civil Aviation, Government of India, in February 2019, published a passenger charter dealing with air passengers’ rights.
The civil aviation requirements (CAR) has also been issued under the provisions of Rule 133A of the Aircraft Rules, 1937, for information, guidance and compliance by all organisations who operate flights to international destinations or intend to operate flights to such international destinations in future.
The CAR and the passenger charter recognise the air passenger’s rights and aim to protect their interests, so that in case of any violation of the provisions of the applicable CAR, appropriate action can be taken against the violator airline; the violation can be treated as deficiency of service; and the passenger can approach an appropriate legal forum for remedy.
Denial of boarding
If a passenger is denied boarding due to overbooking of a flight, he/ she would be entitled to compensation from the airline if he / she is not given an alternate flight within one hour of the original flight’s departure.
In case the airline arranges alternate flight that is scheduled to depart within the 24 hours of the booked scheduled departure, the airlines are required to compensate passengers by paying 200% of booked one-way basic fare plus airline fuel charge, subject to maximum of Rs 10,000.
In case the airline arranges alternate flight that is scheduled to depart more than 24 hours of the booked scheduled departure, the airlines are required to compensate an amount equal to 400% of booked one-way basic fare plus airline fuel charge, subject to maximum of Rs 20,000.
In case a passenger does not opt for alternate flight, the airlines need to compensate full value of ticket and compensation equal to 400% of booked one-way basic fare plus airline fuel charge, subject to maximum of Rs 20,000.
Delayed flights
If the flight is delayed for 2-5 hours, the airline must offer passengers free-of-charge meals and refreshment based on the time the flight is delayed. Airlines also have to refund the total ticket cost to passengers where it is expected that a flight will be delayed by more than six hours, or offer an alternate flight to the passengers.
Even if the airline has communicated that there will be over six hours delay 24 hours before the scheduled departure, they should provide the passengers with hotel accommodation if the flight is scheduled to depart between 20:00 hours and 3:00 hours. The same holds if the flight is delayed over 24 hours.
Cancellation
The Charter also entitles passengers to an alternative flight or get a full refund if an airline fails to inform passengers about a flight cancellation within two weeks of that flight’s departure. Further, as per the Charter, airlines must inform passengers about flight cancellation 24 hours before the scheduled departure time. If the passenger is not informed 24 hours before departure, or if he / she misses a connecting flight due to cancellation without it being the passenger’s fault, the airline has to offer compensation.
Diversion
If the flight is diverted to a different destination, the airline must provide refreshment during the waiting time if it's two hours or less. If the waiting time is over two hours at the alternative airport, the airline should make arrangements for disembarkation & must provide passengers with refreshment, water, tea or coffee.
No charge cancellation or amendment
Passengers can amend or cancel the tickets without any additional charge within 24 hours of booking of tickets. This facility is available up to seven days prior to flight departure.
Loss, delay or damage to baggage
Airline liability is limited to Rs 20,000.
No compensation
The airline will have no obligation to pay "compensation" if delay/cancellation/diversion happens due to circumstances beyond the airline's control. These include political instability, natural disaster, riots, floods, government regulations, meteorological conditions, security risks, etc.
Complaints and redressal mechanism
Online Portal: airseva.gov.in
Twitter: @airsewa_MoCA
Facebook: @AirSewa
(The writer is a Vile Parle-based social activist.)
