Passenger rights have once again come into sharp focus as a result of the recent proposal by the nation’s aviation regulator, the Directorate General of Civil Aviation (DGCA), to amend regulations regarding airlines downgrading passengers due to factors like unserviceable seats, change of aircraft, and overbooking.
The Ministry of Civil Aviation issued a succinct statement saying, “The amendment will allow the passenger, who is downgraded involuntarily from his booked class of ticket, to receive the full value of ticket including taxes as refund from the airline and the airline will carry the passenger free of cost in the next available class.”
However, this most recent suggestion won’t be put into practise until it has been considered by all parties.
India currently has the world’s fastest-growing aviation market. Domestic airlines carried 8.74 crore passengers from January to September 2022 compared to 5.31 crore during the same period in 2021, representing a rise of 64.61 percent annually and 46.54 percent monthly. As more individuals opt for flying over other forms of transportation, they must be aware of both their rights as well as the proper behaviour while in the air.
Rules for compensation
If a flight is delayed for more than 24 hours, the airline is required to provide hotel accommodations along with transfers under the present system of compensation for aircraft delays. According to the Civil Aviation Rules, passengers who checked in on time and had delays of two hours or more must be provided with complimentary meals and refreshments (CAR).
If a flight is cancelled and two weeks have passed since the scheduled departure, the airline is required to offer an alternative flight or a refund. The airline must make arrangements to transfer the customer to an alternative flight within two hours of the booked planned departure if the flight is cancelled less than two weeks but 24 hours before departure. In addition to a complete refund, an airline that fails to notify the passengers in accordance with the CAR regulations is also entitled to compensation that can range from Rs 5,000 to Rs 10,000, depending on the block duration. The block time is the flight time plus the taxiing time before takeoff and after landing of the aircraft.
It should be noted that if a flight is delayed or cancelled due to force majeure events or extraordinary circumstances, such as civil war, political instability, insurrection or riots, explosion, natural disasters, floods, security risks, meteorological conditions, strikes and labour disputes, government regulations or orders affecting the aircraft, slowdown or interruption of work, or cancellations or delays brought on by the ai, the passenger is not entitled to compensation (ATC).
If a passenger is denied boarding for a flight despite having a confirmed ticket and reporting for takeoff inside the airline’s stipulated window of time, they are entitled to compensation, unless
where there are valid reasons, such as those related to health, safety, or security, or insufficient travel documents.
The passenger may be entitled to a reimbursement of up to Rs 10,000 or 200 percent of the booked one-way basic fare plus airline fuel charges if the substitute flight is scheduled to depart within 24 hours of the original departure time. Amount equal to 400% of the booked one-way basic cost plus airline fuel charges, up to a maximum of Rs 20,000, may be claimed if the alternative flight is scheduled to depart more than 24 hours after the booked flight’s planned departure. The customer is entitled to a full refund and compensation equal to 400% of the booked one-way basic cost plus airline fuel charges, up to a maximum of Rs 20,000, if they choose not to take a different trip.
If the delay or damage occurred while the checked baggage was with the airline, on the plane, or at any other time during that time, the traveller may be entitled to compensation for lost, delayed, or damaged baggage or cargo. On domestic flights, the carrier’s responsibility is capped at Rs 20,000 per passenger in the event of baggage loss, delay, or damage. Carrier liability for loss, delay, or damage to cargo is capped at Rs 350 per kilogramme.
Mind your inflight manners
Recently, a video of an argument between an angry passenger and a supervisor of the cabin staff on an international aircraft run by the biggest airline in the nation, IndiGo, went viral. The customer was shifted from the full-service airline Turkish Airlines to the budget aircraft IndiGo as part of a codeshare arrangement between the two, and sources claim that this is what ultimately caused the conflict.
DGCA Arun Kumar assured Business Today, “We have taken note of the situation and shall take suitable action after the investigation is complete.
In addition to in-flight amenities, the incident has raised questions about proper passenger conduct.
The passenger is expected to follow the law at all times and use the channels and tools available for resolving grievances in accordance with government laws. Unruly or disruptive behaviour on a flight is illegal because such behaviour puts the safety of other passengers and crew members in danger.
According to DGCA regulations established in 2017, airlines must keep track of all disruptive or unruly passengers in a database and report them as they happen to the regulator and other airlines as part of the “National No-Fly List” of disruptive or belligerent customers.
Airlines may refuse to let anyone on the No-Fly List travel to, from, or within India for a duration of three months to two years. The person will be banned for twice as long as the prior ban for each subsequent offence.
Therefore, the next time you ask for a meal substitute on a flight, give the crew some time to assess their inventory and then get back to you with possibilities. Airlines must also educate their staff on how to handle disruptive and obnoxious guests.
Keep in mind that both the inflight crew and passengers must work together to ensure the safety of an aircraft operating at over 30,000 feet.