Understanding flight cancellation rights and airline penalties in India.
Air travel in India, much like in other parts of the world, can sometimes be fraught with unexpected changes such as flight cancellations or delays. When these disruptions occur, it’s important for passengers to be aware of their rights and the obligations of airlines under the regulations set by the Directorate General of Civil Aviation (DGCA).
The DGCA, through its regulatory framework outlined in the Civil Aviation Requirements (CAR) Section 3, Series M, Part IV, ensures that passengers’ rights are well-protected. This framework is derived from the powers vested by the Aircraft Act, 1934 and the Aircraft Rules, 1937. Rules regarding compensation and assistance to passengers in the event of denied boarding, cancellations and significant flight delays laid down are as under:
DENIED BOARDING: A CASE OF OVERBOOKING
Overbooking is a common airline practice that, when mismanaged, leads to denied boarding. The DGCA mandates that airlines first seek volunteers willing to give up their seats. Should there be insufficient volunteers and passengers are denied boarding involuntarily, they are entitled to compensation. The compensation ranges from 200% of the one-way fare plus the airline fuel charge, capped at Rs 10,000, to 400% of the fare capped at Rs 20,000, depending on the duration before an alternate flight is arranged. Alternatively, passengers have the right to a full refund.
FLIGHT CANCELLATIONS: PASSENGER ENTITLEMENTS
Airlines are required to notify passengers of cancellations well in advance—two weeks before the scheduled departure at a minimum—to avoid penalties. When notifications occur less than two weeks prior but more than 24 hours ahead, passengers are entitled to compensation based on the flight’s block time, ranging from Rs 5,000 to Rs 10,000, in addition to the choice of a refund or an alternate flight.
DELAYS AND THE ENSUING OBLIGATIONS
Flight delays trigger an obligation on the part of airlines to offer meals, refreshments and accommodation, with the specifics depending on the length of the delay. For instance:
1. If a delay is anticipated to extend beyond the initially scheduled time of departure or a revised time of departure, passengers are entitled to meals and refreshments corresponding to their waiting time.
2. The specifics of the facilities provided are based on the block time of the flight:
(a) For flights with a block time of up to 2 hours and 30 minutes, facilities are offered for a delay of 2 hours or more.
(b) For flights with a block time of more than 2 hours and 30 minutes, and up to 5 hours, facilities are offered for a delay of 3 hours or more.
(c) For flights not covered by the above categories, facilities are offered for a delay of 4 hours or more.
3. In the event of a domestic flight delay exceeding 6 hours from the published scheduled departure time or a previously communicated revised departure time (provided more than 24 hours before the original scheduled departure time), airlines must offer passengers the choice between an alternative flight scheduled to depart within 6 hours or a full refund of the ticket.
4. If the total delay is over 24 hours from the scheduled departure time, or more than 6 hours for flights scheduled to depart between 8:00 PM and 3:00 AM, passengers should be provided with hotel accommodation, if necessary, including transfers, as per the provisions of Para 3.8.1 (b) of the Civil Aviation Requirement (CAR).
EXCEPTION OF EXTRAORDINARY CIRCUMSTANCES
Compensation rules are not applicable in situations classified under “extraordinary circumstances”, which are beyond the airline’s control, like severe weather conditions or political unrest. However, airlines must demonstrate that all reasonable measures were taken to avoid the delay or cancellation.
PENALTIES FOR NON-COMPLIANCE
The DGCA does not hesitate to impose penalties for infringements of its regulations. Airlines can face monetary fines that vary depending on the severity of the non-compliance and the impact on passengers. Repeated violations can lead to more severe consequences, such as the suspension or revocation of the airline’s operating licence. Formal warnings serve as precursors to these penalties, alerting airlines of their non-compliant status and the impending actions.
In certain cases, airlines may be mandated to undertake corrective actions. This could mean internal changes in procedures or retraining of staff to align with regulatory requirements. Furthermore, airlines that fail to compensate passengers as required may face enforced compensation payments and additional fines.
SEEKING REDRESSAL: AVENUES FOR PASSENGERS
Passengers facing issues with their air travel can use several channels for grievance redressal. The Centralized Public Grievance Redress and Monitoring System (CPGRAMS), an online portal administered by the Department of Administrative Reforms and Public Grievances (DARPG) and AirSewa Portal managed by the Ministry of Civil Aviation are platforms that facilitate complaints and redressal mechanisms. All complaints related to air services including flight delays, baggage loss and unusually long periods for refund besides long queues at airports can be registered using Air Sewa Web Portal/Mobile App. The complaints can be registered under specific category/sub categories such as ticketing, fares & refunds, flight delays, baggage, check-in & boarding etc., or against general category “Others”. It is mandatory for airlines to appoint a nodal officer to address grievances, with their contact details publicly accessible on their website.
In the event of ticket purchases made through third-party agents or portals, airlines are still responsible for providing refunds, which must be processed within 30 working days.
FINAL THOUGHTS: A CALL FOR INFORMED TRAVEL
It is incumbent upon travellers to stay abreast of the latest in the legal framework and their rights. The DGCA continuously monitors airline operations for compliance and can amend penalties or introduce new measures as needed. One such is the introduction of CPGRAMS and AirSewa Portal.
In conclusion, passengers need to arm themselves with knowledge of their rights and the means to enforce them to experience a more equitable and efficient aviation environment. As the industry grows and more people take to the skies, the importance of such regulations and the enforcement of penalties for non-compliance by airlines cannot be overstated. There is a need for a balanced ecosystem where the rights of passengers are not overshadowed by the operational complexities of airlines.
The DGCA and airlines need to ensure that the skies remain not only a mode of transport but also a symbol of the rights and dignities that modern society upholds. Whether it’s dealing with the inconvenience of a cancelled flight or understanding the implications of a delayed departure, the DGCA’s regulations and the penalties for non-compliance will play a critical role in shaping the experiences of millions of travellers each year.
Khushbu Jain is a practicing advocate in the Supreme Court and founding partner of the law firm, Ark Legal. She can be contacted on X: @ advocatekhushbu