Know your flyer rights

Consumer rightsexperts share what you can do if you face a long delay or your flight is cancelled

On Sunday, some 50 outbound flights were delayed at Kempegowda International Airport (KIA), Bengaluru, and schedules of several inbound flights were affected, too. 

Metrolife asked travel and consumer rights experts about what flyers can do in such circumstances. 

According to the Directorate General of Civil Aviation (DGCA) guidelines, when a flight is delayed for less than 24 hours, a flyer is entitled to meals and refreshments at the airport. In case of a delay of more than 24 hours, the flyer is entitled to hotel accommodation. Delays are calculated according to the flight travel time. For example, if a flight is delayed by 2 hours or more when the travel time is 2.5 hours, then the flyer is entitled to these amenities.

If the flight operator is responsible for a delay or cancellation, and the flyer is not willing to travel on an alternative or subsequent flight, the airline is required to refund the fare. The airline is bound to provide alternative travel at no additional cost. If the flyer has reported at the airport for the original flight and is waiting for an alternative flight, the flyer must be provided meals and refreshments.

A flyer gets a fare refund but is not entitled to any other financial compensation when the cancellation occurs due to “extraordinary circumstances beyond the control of the airline”.

Extraordinary circumstances include natural disasters, civil war, political instability, security risks, insurrection or riot, flood, and explosion. Government regulation or order affecting the aircraft, strikes and labour disputes causing cessation, meteorological conditions, cancellations and delays attributable to Air Traffic Control, and slowdown or interruption of work or causes that are beyond the control of the airline but will affect their ability to operate flights on schedule, are also included.

Legal side

Advocate Shobhana Raj, partner at Raj Rai & Das Associates, says the airline must inform the passenger about delays and cancellations two weeks prior to the scheduled flight and arrange for alternative flights or a full refund. 

“However, if the cancellation is caused by circumstances beyond the airline’s control, including weather conditions, no compensation is payable, according to the Civil Aviation Requirements (CAR) issued by the Government of India,” she says. 

Passengers should be offered the option of a full refund or an alternative flight within two hours of their scheduled time of departure. “In case these requirements aren’t met, the flyer can complain to the airline through its grievance mechanism or initiate proceedings under the Consumer Protection Act,” she says. 

It is important that adequate contact information is provided by the passenger to get financial compensation, Shobhana adds. If passengers choose to travel on an alternative flight, the airline should provide “reasonable facilities” when the flyer is required to wait at the airport. 

Flyers can approach the Consumer Dispute Redressal Commission in case of non-initiation of refunds, and file a complaint under Consumer Protection Act, 2019, Section 35. 

To complain

To file a complaint, keep a record of all documents, including boarding passes and ticket, and information related to why the flight got delayed or cancelled.

Advocate Jaison J suggests that flyers must first ask for compensation from the airline before approaching a consumer court.

“Check about the compensation. If they agree to provide it, seek a written confirmation. If denied rightful compensation, use the documentation to seek legal assistance or approach a consumer rights’ forum,” he says. 

Chaotic week

Bad weather conditions led to the disruption of flight operations at KIA across the last week. Heated arguments with airline staff and passengers being deplaned after sitting in the flight for hours, were some scenes from the airport this week.

Airport says

The Bengaluru airport has the capacity to handle more than one lakh flyers daily. The daily footfall now is 70,000-80,000, according to a BIAL source.