Air travel is now a part of everyday life: many first time fliers are now experiencing the ease and convenience of flying, as Airtravel is becoming more popular and low cost, so everyone should know their consumer rights as a traveler
In this article, we discuss your rights when you fly.
1. Flight Delays :
If you experience flight delay while traveling, your rights are as follows, depending on the scenario :
Scenario1: You have checked-in on time, but the airline expects a delay of:
- 2 hours or more in case of flights having a block time* of up to 2 ½ hours
- 3 hours or more in case of flights having a block time* of more than 2 ½ hours and up to 5 hours, or
- 4 hours or more in case of flights not falling in the above two categories
Your Right: You must be offered free-of-charge meals and refreshments, in relation to waiting time
Scenario2: If your domestic flight is expected to be delayed by more than 6 hours:
Your Rights:
- Rescheduled time should be communicated to you more than 24 hours prior to the originally scheduled departure time
- The airline shall offer an option of either an alternate flight within a period of 6 hours or a full refund of the ticket to you
Scenario 3: The airline experiences a delay in flight departure communicated more than 24 hours prior to its original scheduled time and if the delay is more than 24 hours or more than 6 hours for flights scheduled to depart between 20:00 and 03:00 hours :
Your Right:
Free hotel accommodation
2. Flight Cancellation :
Airlines must inform you of the flight cancellation at least two weeks before the scheduled time of departure and arrange an alternate flight or refund as acceptable to you.
Scenario1: You are informed of the flight cancellation less than two weeks before but, up to 24 hours of the scheduled departure time
Your Right:
The airline must offer an alternate flight allowing you to depart or refund the ticket, as acceptable to you
Scenario2: You are not informed as per the above provisions or have missed the connecting flight booked on the same ticket number
Your Rights:
The airline shall either provide an alternate flight as acceptable by you or provide compensation, in addition to the full refund, as follows:
- For flights having a block time of up to and including 1 hour, compensation of
₹5,000 or booked one-way basic fare plus airline fuel charge, whichever is less - For flights having a block time of more than 1 hour and up to and including 2 hours, compensation of ₹7,500 or booked one-way basic fare plus airline fuel charge, whichever is less
- For flights having a block time of more than 2 hours, compensation of
₹10,000 or booked one-way basic fare plus airline fuel charge, whichever is less
Additionally:
- If you have already reported for the original flight and while you wait for the alternate flight, the airline must provide free-of-charge meals and refreshments, in relation to waiting time
- You must provide adequate contact information at the time of booking, or else, no financial compensation shall be payable
- If the airline offers a flight to/from an airport or terminal other than that for which you had booked, the airline shall bear the cost of transferring you to/from that alternate airport or terminal from/to to the one for which you booked. If you have been informed of the change at least 6 hours in advance, you shall be responsible for making your own arrangements
3. Boarding denied due to overbooking :
Over-booking is when the number of passengers, who have been given confirmed bookings for flight travel and have reported for the flight well-within the specified time ahead of flight departure, is more than the number of seats available. In such a situation, the airline must first ask for volunteers to give up their seats so as to make seats available for other booked passengers to travel on the flight, in exchange of such benefits as the airline, at its own discretion, may wish to offer and provided that concerned airports have dedicated check-in facilities/ gate areas which makes it practical for the airline to do so.
Scenario1: The airline fails to arrange for an alternate flight scheduled to depart within one hour of the original scheduled departure time
Your Right:
You cannot hold the airline liable for any compensation for the missed original flight on which you were denied boarding due to overbooking
Scenario2: The airline fails to arrange for an alternate flight scheduled to depart within one hour of the originally scheduled departure time
Your Rights:
You must be compensated by the airline as per the following provisions:
- Compensation equal to 200% of booked one-way basic fare plus airline fuel charge, subject to a maximum of ₹10,000, if the airline arranges an alternate flight scheduled to depart within 24 hours of the booked scheduled departure
- Compensation equal to 400% of booked one-way basic fare plus airline fuel charge, subject to a maximum of ₹20,000, if the airline arranges an alternate flight scheduled to depart more than 24 hours of the booked scheduled departure
- ⦁ Refund of the full value of ticket and compensation equal to 400% of booked one-way basic fare plus airline fuel charge, subject to a maximum of ₹20,000, if you do not opt for alternate flight
How long before you get your refund?
- Immediately, if payment was made by cash
- Within 7 days, if payment was made by credit card
- From the travel agent, if payment was made through a travel agent
4. Flight Diversion
Your flight is diverted to a different destination
Your Rights:
- If the waiting time is more than two hours, the airline should make immediate arrangements to disembark at the nearest airport. Facilitation/refreshment should be provided during the waiting time.
- If Waiting time is less than two hours at an alternative airport, appropriate announcement for boarding to be made. Refreshment , water, tea/coffee to be provided
5. Cancellation Charges
At the time of booking, make sure to check the ticket cancellation charges.
The airline must clearly indicate the amount of refund money admissible on cancellation of ticket. The amount and its break-up must be indicated on the ticket itself or through a separate form used for the purpose, and the policy and amount of refund shall also be displayed by the airlines on their respective websites.
Your Rights:
- If you cancel the ticket, airlines must refund all statutory taxes and user development fee, airport development fee, passenger service fee to you. This shall also be applicable for all types of fares offered including promos/special fares and where the basic fare is nonrefundable
- Option of holding the
the refund amount in credit shell by the airlines is your prerogative and not a default practice - You are not liable to pay any additional charge to process the refund
- You shall get your ticket refund in accordance with regulations of the airline’s country of origin if the airline is a foreign carrier operating to/from India
- At least one integrated display should be provided that includes the schedules, fares, rules, and seat availability of all participating carriers
- If you point out a legitimate correction of your name within 24 hours of booking, the airline shall not levy any additional charge to incorporate the correction
No-charge cancellation or amendment within 24 hours
You can cancel or amend the ticket without any additional charges, within 24 hours of booking the ticket. This facility is available up to 7 days prior to the specified flight departure on the first leg
6. If you have a disability
Your Rights:
- No airline can refuse to carry you along with your assistive aids/devices, escorts, and guide dogs
- All the necessary information about your specific requirements shall be obtained by the airlines at the time of ticketing/online booking processes
- You must notify the airlines about your needs at least 48 hours prior to the scheduled departure time
- If you are assisted by an escort, the airlines shall make all reasonable efforts to give him/her a seat next to you
- The cabin crew in charge must brief you before taking off on the emergency procedures, cabin layout, and specialized equipment on board the aircraft to cater to your needs
- If you are being denied carriage basis your disability, the airline must specify in writing the reasons for the same
- You hold the highest priority for transportation, including your escorts, if for any reason offloading has to be done by the airline
- If you wish to travel without an escort, you are not required to produce a medical certificate or fill up special forms
- You will be allocated convenient seats and provided with all relevant and available assistive devices within India without any extra cost
- Arrangements for your quick clearance and baggage delivery shall be made by the airlines
7. Medical emergency at the airport
If you ever feel unfit or can sense a medical emergency, stay calm. All the airports are equipped with the following:
- Medical doctors
- Ambulance
- Medical support equipment
- Paramedical personnel
- Expert handling of medical emergencies
8. In an unfortunate eventuality
During International Travel:
- In case of death of or bodily injury to a passenger on board an aircraft, the airline is liable to pay damages up to 113,100 SDR per passenger
- In case of death inside the aircraft due to natural causes, the airline is not liable to pay any compensation
For Domestic Travel:
- ⦁In case of death or bodily injury to a passenger on-board an aircraft, the airline is liable to pay up to ₹20,00,000 per passenger
- In case of death inside the aircraft due to natural causes, airline is not liable to pay any compensation
natural causes, the airline is not liable to pay any compensation
8. Lost, delayed or damaged baggage or cargo
You can claim damages from the airlines only when the event which caused the loss, delay or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier.
Additionally, in case of unchecked baggage, the carrier is liable if the damage has resulted from its fault or that of its agents.
International Carriage:
- In case of loss, delay, or damage to baggage, the liability is limited to 1,131 SDR per passenger
- In case of loss, delay, or damage to cargo, the liability is limited to 19 SDR per kg
Domestic Carriage:
- In case of loss, delay, or damage to baggage, the carrier liability is limited to
` 20,000 per passenger - In case of loss, delay, or damage to cargo, the carrier liability is limited to ₹350 per kg
