Guidelines for air passenger compensation due to cancellation and delay in flight

In view of rapid expansion of air services within India and on international routes to/from India and with the increase in the volume of passenger traffic, it has become necessary for the Government to take appropriate action to ensure appropriate protection for the air travelers in case of flight disruptions and, in particular, denied boardings, flight cancellations and delays without due notice to the passengers booked on the flight(s). 

The airline has to facilitate affected passengers due to cancellation & delay in flight in accordance with Directorate General of Civil Aviation (DGCA) issued Civil Aviation Requirement (CAR) Section 3, Series M, Part IV titled as "Facilities to be provided to passengers by airlines due to denied boarding, cancellation of flights and delays in flights".

Salient points

Information about Flights and Reservations

• While making enquiries or making a booking for a flight through an airline or its designated travel agent, each passenger shall be provided neutral and accurate information on the flight details and reservation status as also the applicable conditions specified by the airline for both the fare category and the conditions of travel.
• Unless a passenger specifies, the airline/agent must provide neutral information on the different options available for a journey ranked in the following order:
  a) Non stop flights
  b) Flights with intermediate stops but without a change of aircraft
  c) Connecting flights
  d) All the fares available from airlines, as applicable
• However, the airline will have the right to give preference to its own flights in providing the information in order to promote business on its services.
• The airline or its designated travel agent must pass on to the passengers the following information in the form of a computer print-out:
  a) The identity of the airline which will actually provide the service, as opposed to the airline mentioned on the ticket;
  b) Changes of aircraft during the journey;
  c) Stops en-route during the journey;
  d) Transfer between the airports during the journey.

Denied Boarding

• 3.2.1 - When the number of passengers, who have been given confirmed bookings for travel on the flight and who have reported for the flight well within the specified time ahead of the departure of the flight, are more than the number of seats available, an 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/facilities as the airline, at its own discretion, may wish to offer, provided airports concerned have dedicated check-in facilities/gate areas which make it practical for the airline to do so.
• 3.2.2 If the boarding is denied due to condition stated at Para 3.2.1 to passengers against their will, the airline shall not be liable for any compensation in case alternate flight is arranged that is scheduled to depart within one hour of the original schedule departure time of the initial reservation. Failing to do so, the airline shall compensate the passengers as per the following provisions:
  a) An amount equal to 200% of booked one-way basic fare plus airline fuel charge, subject to maximum of INR 10,000, in case airline arranges alternate flight that is scheduled to depart within the 24 hours of the booked scheduled departure.
  b) An amount equal to 400% of booked one-way basic fare plus airline fuel charge, subject to maximum of INR 20,000, in case airline arranges alternate flight that is scheduled to depart more than 24 hours of the booked scheduled departure.
  c) In case passenger does not opt for alternate flight, refund of full value of ticket and compensation equal to 400% of booked one-way basic fare plus airline fuel charge, subject to maximum of INR 20,000.
• A passenger booked on connecting flights of the same airline or of the other airline, shall be compensated by the airline of the first flight for the first leg in accordance with the provisions of Para 3.2.2 of this CAR, when he has been delayed at the departure station on account of denied boarding, but has arrived at the final destination at least three hours later than the scheduled arrival time.

Cancellation of Flight

• 3.3.1 In order to reduce inconvenience caused to the passengers as a result of the cancellations of the flights on which they are booked to travel, airline shall inform the passenger of the cancellation at least two weeks before the scheduled time of departure and arrange alternate flight/refund as acceptable to the passenger.
• 3.3.2 In case the passengers are informed of the cancellation less than two weeks before and up to 24 hours of the scheduled time of departure, the airline shall offer an alternate flight or refund the ticket, as acceptable to the passenger.
• Passengers who have not been informed as per the provisions contained in Para 3.3.1, or missed the connecting flight booked on the same ticket number of an airline, the airlines shall either provide alternate flight as acceptable to the passenger or provide compensation in addition to the full refund of air ticket in accordance with the following provisions: 
  a) INR 5,000 or booked one-way basic fare plus airline fuel charge, whichever is less for flights having a block time of up to and including 01 hour
  b) INR 7,500 or booked one-way basic fare plus airline fuel charge, whichever is less for flights having block time of more than 01 hour and up to and including 02 hours.
  c) INR 10,000 or booked one-way basic fare plus airline fuel charge, whichever is less for flights having a block time of more than 02 hours.
  Additionally, the airline shall provide them facilities at the airport in accordance with Para 3.8.1 (a) in the event they have already reported for their original flight and whilst they are waiting for the alternate flight.
• No financial compensation shall be payable to passengers who have not provided adequate contact information (email id or a phone number) at the time of making booking or when the ticket for firm travel on the selected flight is issued.
• Airlines shall require travel agents to provide that information to the airline for operational purposes only. In respect of such passengers the airlines will either refund the ticket prices or make reasonable endeavour to make alternate travel arrangements as per the choice of the passengers. Additionally, in respect of such passengers who elect to travel to their destination on an alternate flight, the airline shall provide them with reasonable facilities during the period that they are required to wait at the airport for the alternate flights in accordance with Para 3.8.1 (a).
• No such compensation shall be payable to any of the affected passengers in case the cancellations occur due to extraordinary circumstances  beyond the  control of the airline even if all reasonable measures had been taken by the airline.
• The refund of air ticket shall be made in accordance with CAR Section 3, Series M, Part II.

Delays in Flight

• 3.4.1 The airlines shall provide facilities in accordance with Para 3.8.1 (a) if the passenger has checked in on time, and if the airline expects a delay beyond its original announced scheduled time of departure or a revised time of departure. of:
  a) 2 hours or more in case of flights having a block time of up to 2 ½ hrs; or
  b) 3 hours or more in case of flights having a block time of more than 2 ½ hrs and up to 5 hours; or
  c) 4 hours or more in case of flights not falling under sub-para (a) and (b) of Para 3.4.1.
• When domestic flight is expected to be delayed for more than 6 hrs from the published scheduled time of departure or previously revised departure time (communicated more than 24 hours prior to original scheduled departure time), airlines shall offer an option of either an alternate flight within a period of 6 hours or full refund of ticket to the passenger.
• When total delay is more than 24 hrs from the published scheduled time of departure or more than 6 hrs for flights scheduled to depart between 2000 and 0300 hrs, passenger shall be offered facility in accordance with the provisions of Para 3.8.1 (b) of this CAR.
• An operating airline shall not be obliged to adhere to Para 3.8 if the delay is caused due to extra ordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
• The burden of proof concerning the questions as to whether and when the passenger has been informed of the delay of the flight shall rest with the operating airline.

Downgrading

• 3.5.1 In case the passenger is downgraded involuntarily and is carried in a class lower than that for which the ticket is purchased, the airline shall reimburse the passenger as follows :-
  • For domestic sector:-75% of the cost of ticket including taxes.
  • b) For international sector:-
    • 30% of the cost of ticket including taxes for flights of 1500 km or less.
    • 50% of the cost of ticket including taxes for flights between 1500 km to 3500 km.
    • 75% of the cost of ticket including taxes for flights more than 3500 km.
• Compensation by Foreign Carriers
  In the case of foreign carriers, the amount of compensation paid to the passengers shall be as contained in the regulations of their country of origin or as given in para 3.2.2/3.3.2/3.5.1 of this CAR.
• Mode of Compensation - The compensation referred to in Para 3.2.2 and 3.3.2 shall be paid in cash, by bank transfer or with the signed agreement of the passenger in the form of travel vouchers.
• 3.8 Facilities to be offered to Passengers - 
  • 3.8.1 Passengers shall be offered free of charge the following:
    • 3.8.1 a Meals and refreshments in relation to waiting time.
    • 3.8.1. b Hotel Accommodation when necessary (including transfers).
  • 3.8.2 Airlines shall pay particular attention to the needs of persons with reduced mobility and any other person (s) accompanying them.
• Passenger Redressal
  • When affected by denied boarding, a cancellation or a long delay, the passenger may complain directly to the airline in the event the airline has not provided the compensation and/or reasonable facilities as specified in this CAR.
  • The passenger may file the grievance on Air Sewa App or Portal.
  • If the passenger is not satisfied with the resolution of grievance by airline and/or Air Sewa, the passenger has liberty to complain to any statutory body/court set up under relevant applicable laws.

To access the complete guidelines, click here.

Source : Directorate General of Civil Aviation