Passenger rights to know when flying: Guide as per Civil Aviation Ministry of India

Navigating Air Travel: A Passenger’s Guide to Rights and Regulations

During times of air travel, passengers find themselves navigating a complex web of regulations and scenarios. In the pursuit of a smooth and hassle-free journey, the Ministry of Civil Aviation strives to establish an efficient and approachable system, ensuring that the rights of every traveller are upheld. With a commitment to transparency and passenger well-being, the ministry has formulated the Passenger Charter – a guide that empower individuals with the knowledge of their rights and entitlements during various aspects of air travel. This charter serves as a beacon, illuminating the path for passengers to enjoy a comfortable and informed journey through the skies.

In this article we breakdown the Guidelines in an easy to understand quick scroll through for passengers who need to be well aware of these while confronting any issues with airlines in times of a confusion.

FLIGHT DELAYS

FLIGHT CANCELLATION

BOARDING DENIED DUE TO OVERBOOKING

Refunds and Cancellations

Refunds should be processed immediately for cash payments, within 7 days for credit card payments, and through the travel agent if applicable. You have the right to cancel or amend your ticket within 24 hours without additional charges.

Passenger Rights for Disabilities

Passengers with disabilities have the right to:

– Travel with assistive aids/devices, escorts, and guide dogs.

– Receive briefings on emergency procedures and cabin layouts.

– Quick clearance and baggage delivery arrangements.

Medical Emergency at Airport

Airports are equipped with medical support services, including doctors, ambulances, and paramedical personnel in case of a medical emergency.

In an unfortunate eventuality

During International Travel:
A. In case of death of or bodily injury to a passenger on-board an aircraft, the airline is liable to pay damages up to 113,100 SDR per passenger
B. In case of death inside the aircraft due to natural causes, airline is not liable to pay any compensation

For Domestic Travel:
A. In case of death or bodily injury to a passenger on-board an aircraft, airline is liable to pay up to ` 20,00,000 per passenger
B. In case of death inside the aircraft due to natural causes, airline is not liable to pay any compensation

Baggage Concerns

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.
Additionally, in case of unchecked baggage, the carrier is liable if the damage has resulted from its fault or that of its agents.

International Carriage:
A. In case of loss, delay or damage to baggage, the liability is limited to 1,131 SDR (Special Drawing Rights) per passenger
B. In case of loss, delay or damage to cargo, the liability is limited to 19 SDR (Special Drawing Rights) per kg

Domestic Carriage:
A. In case of loss, delay or damage to baggage, the carrier liability is limited to
Rs. 20,000 per passenger
B. In case of loss, delay or damage to cargo, the carrier liability is limited to
Rs. 350 per kg

Free Wi-Fi Services and Right to Information

All airports offer free Wi-Fi services. Passengers have the right to information through visible notices, the Passenger Charter, and regular data submissions by airlines to DGCA.

Your right to escalation

A. You can lodge and claim compensation at help desks placed at arrival and departure stations or

do so electronically

B. If you are not satisfied with the resolution of the airline, you can file the grievance on AirSewa app or portal

C. If you are not satisfied with the resolution of grievance by airline and/or AirSewa, you can complain to any statutory body/court set up under relevant applicable laws

Force majeure:

A. Airline will not have the obligation to pay compensation in cases where the delays and cancellations are caused by an event of force majeure i.e. extraordinary circumstances beyond the control of the airline, the impact of which lead to the delay of flights, and which could not have been avoided even if all reasonable measures had been taken by the airline. Such extraordinary circumstances may in particular, occur due to 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 or any other factors that are beyond the control of the airline

B. Additionally, 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 but which affect their ability to operate flights on schedule.

Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft or several aircrafts on a particular day, gives rise to a long delay or delays, an overnight delay, or the cancellation of one or more flights by that aircraft, and which could not be avoided even though the airline concerned had taken all reasonable measures to avoid or overcome the impact of the relevant factor and, therefore, the delays

Disclaimer: The above information is obtained from the official website of Civil Aviation Ministry of India, and a pdf attached as, “Passenger Charter of Rights”,  on the date of publishing this article 20^th Jan ’24. Also, For more details and specific rules, please refer to the Civil Aviation Requirements (CAR) Series M, Section 3 on the Directorate General Civil Aviation (DGCA) portal (www.dgca.nic.in) and other relevant laws and rules. This booklet is for general guidance and information only.

https://www.civilaviation.gov.in/ministry-documents/passenger-charter-of-rights