Mentoassociates.com – Legal Articles

Many times while traveling by air, we face situations like delayed or cancelled flights, and feel helpless to deal with such situations. This article will highlight obligations of airlines towards its customers and customer rights in such situations.

OBLIGATIONS OF AIRLINES:
The following obligations are applicable to passengers traveling not only on scheduled flights but also on non scheduled flights and foreign carriers operating to /from India if flight is delayed or cancelled or both.

1. Facilities to be offered to Passengers:
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 2 or more hours then passengers shall be offered free of charge the following

a. Meals and refreshment in relation to waiting time.
b. Hotel Accommodation when necessary (including transfers).
c. Airlines shall pay particular attention to the needs of persons with reduced, mobility and any other person(s) accompanying them.

2. Compensation:
The passengers have right to get compensation along with facilities mentioned above, if flight is delayed or cancelled or both.

Flight delayed and cancelled:
a. An amount equal to 200% of booked one-way basic fare plus airline fuel charge, subject to maximum of Rs. 20,000/- 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 Rs. 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 Rs. 20,000/-

Flight delayed:
If flight is only delayed, along with the facilities mentioned before, the passenger has right to get 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. Rs. 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. Rs. 7500/- or booked one way basic fare plus airline fuel charge, whichever is less for flights having a block time of more than 01 hour, and up to and including 02 hours.
c. Rs. 10,000/- or booked one way basic fare plus airline fuel charge, whichever is less for flights having a block time more than 02 hour.
Note: No financial compensation shall be payable to passengers who have not provided adequate contact information (email id or Phone number).

NO OBLIGATION ON AIRLINES TO COMPENSATE:
The operating airline would not have any obligation to pay compensation in cases where the cancellations and delays have been caused by an Event(s) of Force Majeure i.e. extraordinary circumstances beyond the control of the airline, the impact of which lead to the cancellation/ delay of flight(s), and which could not have been avoided even if all reasonable measures had been taken by airlines.

Such extraordinary situations are:
a.Political Instability
b.Natural Disaster,
c.Civil war
d.Insurrection or riot
e.Act of God
f.Explosion
g.Government Regulation or order affecting the aircraft.
h.Strike and labour disputes causing cessation
i.Slowdown or interruption of work
j.Meteorological Conditions
k.Security Risks
l.Cancellation or delay attributable to Ari Traffic Control
m.Any other factors that are beyond the control of airlines

PASSENGER REDRESSAL:
a. When affected by a cancellation or a long delay or both the passenger may complain directly to the airline in the event the airline has not provided the compensation and /or reasonable facilities as specified above.
b. The passenger may file the grievance on Air Sewa App or Portal.

YOUR LAST RESORT:
If the Airlines fail to fulfill the obligation to assist you and if you as a passenger are not satisfied with the resolution of grievance by air line and/or Air Sewa, the passenger has liberty to complain to Consumer Courts.

Authored by:
Adv. Shirin Yusuf
Associate,
MENTO ASSOCIATES.