Hyderabad: Every year, World Consumer Rights Day is observed on March 15. In this globalised world, we all are consumers and thus we need to be aware of our rights to ensure that we as consumers are not cheated, discriminated against, or exploited.
With regards to the aviation industry, air flyers in India several time face cancellations, delays, or disruptions of flights, and therefore it becomes crucial for the flyer to know his/her rights.
In the last two months, air flyers faced sudden flight cancellations, and disruptions due to the fog and affected travel plans and onward journeys of many passengers going out on vacations or business meetings. Social media was abuzz with videos and posts wherein passengers were seen yelling at the ground staff for their rights.
The frequent delays even led to some minor scuffles and calls for legal action against an airline. A passenger aboard an IndiGo flight, en route to Goa from Delhi, physically assaulted the pilot while he was announcing delays which raised several issues not just regarding the safety of staff on board but also the frustration a passenger had to face in such instances.
What are the passenger's rights in the event of flight delays and cancellations -
According to the Department of Consumer Affairs, Ministry of Consumer Affairs Food & Public Distribution, at the time of booking, the airline must clearly "indicate" the amount of refund money that will be given to the passenger in case of cancellation, the charter states.
- In case of a delay of over 24 hours, the passenger should be offered free hotel accommodation
- If the flier is not informed 24 hours before departure or he or she misses a connecting flight due to cancellation, the airline has to offer compensation
- 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. The airline also needs to 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. Free stay should also be offered if flights departing between 8 pm and 3 am are delayed for over six hours
- Airlines also need to offer meals and refreshments to passengers in case of delays beyond a certain period. For example, the passenger should get refreshments if a flight that has a block time of two-and-a-half hours is delayed by two hours or more
- But for flights that have a block time 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 over four hours for the airline to offer refreshments.
- In cases of cancellations, Airlines need to inform passengers about flight cancellation 24 hours before the scheduled departure time. In this case, the customers should be offered either a full refund of the ticket amount or an alternative flight.
- If the cancellation is announced between two weeks and up to 24 hours before the scheduled time, then the airline is bound to offer an alternate flight or refund the ticket.
- In case the passengers are not informed or they miss the connecting flight on the same ticket number (PNR), the airline has to provide an alternate flight or compensation which includes:
- The compensation amount ranges between Rs 5,000 and Rs 10,000, depending on the block time. Also, if the passenger is already at the airport and there’s a delay, the flier should get refreshments while the staff arranges an alternative flight
- Diversion: In case a flight is diverted, the airline should disembark the passengers at the nearest airport and provide refreshments
- The airline will have no obligation to pay "compensation" if the delay or cancellation happens due to circumstances beyond the control of the airline. These include political instability, natural disasters, riots, floods, government regulations, meteorological conditions, security risks, and so on.
Also, Tata-backed Air India has recently introduced the "Fog Care" initiative, which allows affected passengers to reschedule or cancel their flights without any additional charges.
In January when cases of flight disruptions and cancellations were at their peak due to extensive fog, the Union Ministry of Civil Aviation asked airlines and operators to do justice to passengers amid such cancellations and delays in flights due to fog and operational-related issues.
