Before flying, know your rights as a passenger

As a flight passenger, you have several rights. On World Tourism Day (September 27), let’s look at your rights in case of flight delay, cancellation, and more.

Globally, every day, 10 to 12 million people fly on aeroplanes. At peak hours, more than 1 million passengers are in the sky simultaneously. According to Flightradar24, there are between 100,000 and 130,000 flights per day (in 1980s, globally, there were only 20,000 flights a day). Flying can entail delays, cancellations, lost/damaged baggage but as a passenger you have your rights. Rules regarding refund and compensation might differ in various countries but certain rules have been endorsed by International Civil Aviation Organization (ICAO). India’s Directorate General of Civil Aviation (DGCA) also has a Charter of Rights for flight passengers.

Flying can entail delays, cancellations, lost/damaged baggage but as a passenger you have your rights. (HT Photo)

Here’s a look at all that you need to know before flying.

Flight delay: If you have checked in on time and the airline expects delay of more than two hours (check the block time of flights), you are entitled to free meals/refreshments.

If the domestic flight is expected to be delayed by more than 6 hours, the airline should communicate the rescheduled time and offer an option of either an alternate flight within a period of 6 hours or a full refund. If the flight scheduled to depart between 20:00 and 03:00 hours is delayed by over 6 hours, you are entitled to free hotel accommodation.

Flight cancellation: You are informed of the flight cancellation less than two weeks before but, up to 24 hours of the scheduled departure time, the airline must offer an alternate flight or offer a full refund, whatever you prefer. If an airline offers an alternate flight from an airport or terminal other than that for which your had booked, the airline has to bear the transfer/transport cost to the other terminal/airport.

Boarding denied due to overbooking: If you have booked a flight but the airline is not able to board you due to overbooking, the airline has to arrange an alternate flight within an hour of the original scheduled time.

If the airline fails to offer an alternate flight within 24 hours of original time, you are entitled to compensation: compensation equal to 200% of booked one-way base fare, plus airlines fuel charge up to a maximum of ₹10,000. If the alternate flight is more than 24 hours after the original flight time, you are entitled to 400% of base one-way fare up to a maximum of ₹20,000. If you do not opt for an alternate flight, you are still entitled to compensation - refund of full-value ticket and compensation equal to 400% of booked one-way basic fare (up to a maximum of ₹20,000).

Flight diversion: If the flight is diverted and the waiting time is more than two hours, the airline should make immediate arrangement to disembark at the nearest airport and refreshment should be provided during the waiting time. 

If you are a special-needs passenger: You must notify the airline of your needs at least 48 hours before departure. No airline can refuse to carry you along with your assistive aids/devices, escorts or guide dogs. If the airline is denying boarding on basis of your disability, it must specify in writing the reasons for the same.

Lost, Delayed or Damaged Baggage: Always check your bag when you pick from the baggage carousel. If it is damaged, head to the Airline Baggage Services Desk. If your bag is completely damaged, ask for an immediate replacement. If you notice the damage after you have left the airport, file a complaint online and seek compensation. Take photographs of the damaged bag as evidence.

If your bag is delayed, most airlines offer compensation and/or give you toiletries. It is the duty of the airline to deliver the delayed bag to your doorstep - you do not have to go to the airport to fetch it.

You can claim damages from the airlines only when the event which caused the loss, delay or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier.

• International carriage: In case of loss, delay or damage to baggage, the liability is limited to 1,131 Special Drawing Rights (SDR) per passenger. In case of loss, delay or damage to cargo, the liability is limited to 19 SDR per kilogram.
• Domestic Carriage: In case of loss, delay or damage to baggage, the carrier liability is limited to ₹20,000 per passenger. In case of loss, delay or damage to cargo, the carrier liability is limited to ₹350 per kilogram.

Force Majeure: Airline will not have the obligation to pay compensation in cases where the delays and cancellations are caused by an event of force majeure, that is, extraordinary circumstances beyond the control of the airline (for example, political instability, natural disaster, civil war, insurrection or riot, flood, explosion, government regulation or order affecting the aircraft, strikes and labour disputes causing cessation, slowdown or interruption of work). The airline will also not be liable to pay any compensation in respect of delay clearly attributable to air traffic control, meteorological conditions, security risks, or any other causes that are beyond the control of the airline.

Medical emergency: If you ever feel unwell or can sense a medical emergency at an airport, inform the nearest staff or Help Desk. All the airports are equipped with medical doctors, ambulances, paramedics, medical support equipment. If you feel unwell inside an aircraft, inform the crew immediately. Always carry medical prescription and medicine in your cabin baggage.

Death or injury: In case of death or bodily injury to a passenger onboard an aircraft, the airline is liable to pay damages up to 113,110 SDR per passenger during international journey and ₹20,000,00 per passenger during domestic journey, according to DGCA. In case of death inside the aircraft due to natural causes, the airline is not liable to pay any compensation.

Your right to escalation: In India, if you are not satisfied with the resolution of the airline, you can file the grievance on the AirSewa app or portal. If you are not satisfied by the resolution of AirSewa, you can complain to any statutory body/court set up under relevant applicable laws.

Lost passport: Always keep a scan of the front/back page of your passport and visa of the country you are travelling to in your email or a printed copy in your hand baggage. If you lose your passport, contact the Emergency Consular Services of the nearest Indian embassy/consulate - all embassies/consulates have an emergency contact number mentioned on their website. If you have forgotten your passport inside an aircraft, immediately contact the airline desk.

(Source: DGCA)