MC Explains: What are your rights as a passenger in case of flight cancellation or denied boarding?

Flight

Flight cancellations and delays are back to haunt passengers as bad weather and low visibility in north India affect departures in the last week of December.

What happens in such cases and what are your rights as a passenger?

The Ministry of Civil Aviation released a charter in August 2019 on the rights of passengers flying within the country.

Here's a look at what customers are entitled to and how they can claim compensation.

Delays 

According to the Directorate General of Civil Aviation (DGCA), if a flight is delayed by over six hours, the airline needs to communicate the rescheduled time more than 24 hours before the original departure time and also offer customers either a full refund or an alternative flight.

In case of a delay of over 24 hours, the passenger should be offered free hotel accommodation.

Customers should also be offered a free stay if a flight departs between 8 pm and 3 am and is delayed for over six hours.

Airlines also need to offer meals and refreshments to passengers in case of delays beyond a certain period, depending on the 'block time' of each flight. Block time is the time between the departure of a flight from the gates and arrival at the destination gates.

Also Read: How to get maximum refund for delayed or cancelled flights

If a flight has a block time of two-and-a-half hours, customers are entitled to refreshments if the delay is for two hours.

In case of flights that have a block time of between two-and-a-half hours and five hours, the delay has to be three hours for the passenger to be eligible for refreshments.

If a flight doesn’t fall into these two categories, the delay has to be of over four hours for the airline to offer refreshments.

Cancelled flights 

Cancelled flights can play havoc with travel plans, so under ordinary circumstances, airlines are meant to inform you about the cancellation a minimum of two weeks before the scheduled departure time.

At the same time, airlines should arrange another flight for passengers or offer them a refund.

According to the DGCA website, the airline should give a full refund of the amount or an alternative flight if it informs the passengers about the flight cancellation less than two weeks before the flight’s departure but at least 24 hours before the time of departure.

If the airline fails to inform the passenger at least 24 hours before the time of departure, or if they miss a connecting flight booked on the same ticket number because of the cancellation, then it has to pay compensation ranging between Rs 5,000 and Rs. 10,000 to the passenger.

Also Read: Airlines may soon have to refund in full to passengers if shifted to lower class

If you paid cash, the airline has to refund the money immediately. If you have paid with a credit card, the money has to be refunded within 7 days.

For bookings made via a travel agent, approach the agent. The refund includes Passenger Services Fee, Airport Development Fee/User Development Fee and service tax. You can either take the refund or use it to travel on another date.

Denied Boarding 

Sometimes, passengers are denied the right to board in case of overbooking, which occasionally happens, to reduce the possibility of taking off with unoccupied seats.

In such cases, the airline is liable to offer compensation only when it is unable to put you on an alternate flight scheduled to leave within 1 hour of your original departure time.

The DGCA also clarified the amount of compensation to be paid if a passenger is denied boarding despite holding a valid ticket and an alternative flight is not arranged within an hour.

If the alternative flight is arranged within 24 hours of the original flight’s departure, an amount of up to Rs. 10,000 has to be paid as compensation by the airline.

If the alternative flight is beyond 24 hours of the original flight’s departure, an amount up to Rs. 20,000 has to be paid as compensation by the airline.

Downgraded to a lower class 

The DGCA on December 23 announced that it will soon come up with guidelines asking airlines to issue a full refunds to passengers who are downgraded to a lower class.

The proposal is currently going through stakeholder consultation before the final regulation is published. It is also open for public consultation for 30 days.

According to the proposal made by the DGCA, airlines need to carry a passenger downgraded to the lower class in the next available class for free.

These rules will apply to all airlines that operate to and from India.

How can a passenger seek remedies if denied boarding or if a flight is canceled or delayed? 

Airlines in India follow DGCA guidelines for processing any

compensation claims that are the result of cancellations and delays.

You can claim compensation by taking the matter up with the nodal officer of the concerned airline.

However, passengers need to claim refunds for being denied boarding within a month of the incident taking place.

When filing their claim, customers must upload all necessary documents required by the airline to avoid any complications in the process.

These include your contact details, number of the credit card used to purchase the ticket, ticket number, flight number, date of travel and billing address.

If the issue is unresolved by the nodal officer, you may take the issue up with the concerned airline’s appellate authority.

If you are struggling to file the claim on your own, companies such as RefundMe can help you to do so.

If you aren’t sure how your specific airline handles claims, visit their official website for details

The AirSewa portal of the Ministry of Civil Aviation also provides a system for online reporting and tracking of grievances concerning airports, flights and other air travel-related matters. By registering as a user on the AirSewa portal, anyone can file and track action being taken on their grievance.

How much compensation can a customer claim? 

If the airline fails to inform you about the cancellation within the stipulated time period of a minimum of two weeks in advance, the airline should compensate you.

The amount also depends on the travel provider you have booked with, whether it is the airline itself or an online travel agent.

According to the DGCA, customers can claim a refund of up to Rs 5,000 or a one-way basic fare plus fuel charge, whichever is lower, if the flight has a block time of up to and including one hour; Rs 7,500 or a one-way basic fare plus fuel charge, whichever is lower, if the flight has a block time of more than one hour and up to and including two hours; or Rs 10,000 or a one-way basic fare plus fuel charge, whichever is lesser, if the flight has a block time of more than two hours.

According to the DGCA, the airline also has to provide free meals and refreshments while you wait for your alternative flight, but this is only if you have already reported for your original flight.

If you have been informed of the change less than 6 hours before the departure time, the airline will also be responsible for getting you to a different airport or terminal in case the alternative flight requires that.

Financial compensation is paid only if you provided adequate contact information at the time of booking.