Rights of Air Travellers in the Case of Flight Delays or Cancellations

Flight delays or cancellations can disrupt work schedules. Missing important meetings or losing valuable business transactions can ultimately cause economic loss. In these untoward situations, airline carriers have specific responsibilities towards passengers. You must have noticed a sign at the check-in counters intimating the passengers to ask for their rights when a flight is cancelled or delayed. Additionally, the airline provides a copy of the Passenger Charter with the ticket to help the passengers know about their compensatory rights in such conditions. The Passenger Charter, issued by Civil Aviation Ministry, states the airline passenger’s rules and rights.

As per the guidelines by the Directorate General of Civil Aviation (DGCA), airline passengers have the following rights with respect to flight delays

• Scenario: Passenger has checked-in on time, but the expected delay is of:

• 2 hours or more where the total time of flight is up to 2.5 hours, or

• 3 hours or more and the total flight time is between 2.5 hours to 5 hours, or

• 4 hours or more and the total flight time is more than 5 hours.

Right: To receive free of charge meals and refreshments.

• Scenario: The expected delay is more than 6 hours.

  Rights: a) An option of either an alternate flight that departs within 6 hours or a full refund of the ticket amount.

b) Rescheduled time of flight should be communicated at least 24 hours prior to the originally scheduled time of departure.

• Scenario: The expected delay is more than 24 hours or more than 6 hours for flights scheduled to depart between 2000 hours and 0300 hours.

 Right: Free hotel accommodation.

Rights of passengers when the flight is cancelled:

• Scenario: An airline informs passenger about the flight cancellation two weeks to 24 hours before the scheduled time of departure.

 Right: Arrangement of alternate flight or refund as acceptable to the passenger.

• Scenario: An airline does not inform a passenger about flight cancellation 24 hours before the scheduled time of departure and the passenger has missed connecting flight booked on the same ticket number.

Rights: The airline should either provide an alternate flight as per passenger’s suitability or compensation, in addition, to a full refund. However, if the passenger has not provided adequate contact information at the booking time, no compensation shall be payable.

• Compensation of Rs.5, 000 or basic one-way fare plus airline fuel charge, whichever is less, when the total flight time is up to one hour.

• Compensation of Rs.7, 500 or one-way basic fare plus airline fuel charge, whichever is less, when the total flight time ranges from one to two hours.

• Compensation of Rs.10, 000 or basic one-way fare plus airline fuel charge, whichever is less, when the total flight time is more than two hours.

If certain extraordinary circumstances cause flight cancellation, then the airline is not liable to pay compensation. Political instability, natural disasters, air traffic restrictions, computer glitch, riots, explosion, government order affecting the aircraft, strikes and labour disputes, etc. causing cessation, and the slowdown or interruption of work are some such circumstances.

• Scenario: Passenger reports for the original flight and waits for an alternate flight.

Right: Airline must provide free of charge meals and refreshments in respect of waiting time.

• Scenario: The alternate flight offered is scheduled to depart/arrive from/to an airport or terminal other than the originally booked terminal or airport.

Right: The airline will bear the cost of transferring the passenger to/from the airport or terminal from/to the airport or terminal booked. If the airline informs about the change of at least 6 hours prior, the passenger is liable to make his/her own arrangements.

Ways to avail your rights

• You can lodge a complaint and claim compensation at help desks placed at departure stations.

• If not satisfied with the resolution, you can file the AirSeva app or web portal’s grievance.

• If you are still not satisfied, approach any statutory body or court set up under the relevant applicable laws.