On an annual basis, World Consumer Rights Day is commemorated on March 15th. In our interconnected world, each of us assumes the role of a consumer, necessitating a vigilant awareness of our entitlements to safeguard against potential deceit, discrimination, or exploitation.
Within the realm of aviation, travelers in India frequently encounter instances of flight cancellations, delays, or interruptions, thus underscoring the imperative for flyers to acquaint themselves with their entitlements.
Over the past couple of months, airline passengers have grappled with sudden flight cancellations and interruptions stemming from dense fog, disrupting the travel itineraries and onward journeys of numerous individuals embarking on leisure trips or business ventures. Social media platforms reverberated with a flurry of videos and posts capturing passengers vociferating demands to assert their rights.
The recurring delays even precipitated minor altercations and calls for legal recourse against a particular airline. An incident aboard an IndiGo flight bound for Goa from Delhi saw a passenger physically assaulting the pilot mid-announcement of delays, thereby accentuating not only concerns regarding the safety of onboard personnel but also highlighting the exasperation experienced by passengers in such circumstances.
What provisions safeguard passengers’ rights in the event of flight delays and cancellations?
As per directives from the Department of Consumer Affairs, Ministry of Consumer Affairs Food & Public Distribution, airlines are mandated to explicitly disclose the quantum of refund to be disbursed to passengers in case of cancellations at the time of booking.
In instances of delays exceeding 24 hours, passengers are entitled to complimentary lodging arrangements.
Failure to notify passengers 24 hours prior to departure or causing them to miss connecting flights due to cancellations obligates the airline to offer compensation.
For delays exceeding six hours, airlines must relay the rescheduled departure time more than 24 hours in advance of the original schedule, alongside providing passengers with the option of either a full reimbursement or an alternative flight.
Lodging accommodations should be extended to passengers in cases of delays surpassing 24 hours, with similar provisions applicable for flights scheduled between 8 pm and 3 am facing delays exceeding six hours.
Airlines are further obligated to furnish passengers with meals and refreshments during extended delays. For instance, refreshments must be provided if a flight with a scheduled duration of two-and-a-half hours encounters a delay of two hours or more.
For flights falling within the duration range of two-and-a-half to five hours, a delay of three hours warrants the provision of refreshments. Should a flight deviate from these categories, refreshments are warranted after a delay exceeding four hours.
In the event of cancellations, airlines must notify passengers 24 hours prior to the scheduled departure time, providing them the choice between a full refund or an alternative flight.
In cases where cancellations are announced between two weeks and up to 24 hours before departure, airlines must offer alternative flights or refund the ticket fare.
Should passengers remain uninformed or miss connecting flights under the same ticket number (PNR), airlines are obliged to arrange alternate flights or provide compensation, ranging between Rs 5,000 and Rs 10,000, contingent upon the duration of the delay. Additionally, passengers stranded at the airport due to delays should receive refreshments while awaiting alternative flight arrangements.
Diversionary actions necessitate airlines to disembark passengers at the nearest airport and furnish refreshments.
Airlines bear no obligation to provide compensation if delays or cancellations arise from circumstances beyond their control, encompassing political unrest, natural calamities, civil disturbances, inundations, governmental regulations, meteorological conditions, security threats, and similar factors.
Moreover, Air India, backed by Tata, recently unveiled the “Fog Care” initiative, affording affected passengers the flexibility to reschedule or cancel flights sans additional charges.
In January, amid heightened incidents of flight disruptions and cancellations due to pervasive fog conditions, the Union Ministry of Civil Aviation implored airlines and operators to uphold passenger interests amidst the resultant flight disruptions and delays attributable to fog and operational exigencies.
