Answer ... The Civil Aviation Requirements (CAR), Section 3 – Air Transport, Series M, Part IV, issued by the Directorate General of Civil Aviation (DGCA), governs the rules and regulations relating to denial of boarding rights and or cancellation of flights.
(a) Flight delays or cancellations?
In the event of flight delays or cancellations, the operating airline will not be obliged to pay compensation if these were caused by an event(s) of force majeure – that is, extraordinary circumstance(s) beyond the control of the airline whose impact led to the cancellation or delay of flight(s), 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 disasters;
- civil war, insurrection or riot;
- flood;
- explosion;
- government regulation or order affecting the aircraft;
- strikes or labour disputes causing cessation, slowdown or interruption of work; or
- any other factors that are beyond the control of the airline.
The following scenarios illustrate different situations in case of flight delays.
Scenario 1 |
Scenario 2 |
Scenario 3 |
If a passenger has checked in on time, but the airline expects a delay of
- two hours or more in case of flights with a block time of up to 2.5 hours; or
- three hours or more in case of flights with a block time of between 2.5 hours and five hours; or
- four hours or more in case of all other flights,
the passenger must be offered meals and refreshments in relation to waiting time.
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When a domestic flight is expected to be delayed for more than six hours from the published scheduled time of departure or the previously revised departure time (communicated more than 24 hours prior to original scheduled departure time), the airline must offer the option of either an alternative flight within a period of six hours or a full refund of the ticket to the passenger.
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If the airline experiences a delay in departure of more than 24 hours or more than six hours for flights scheduled to depart between 20:00 and 03:00, the passenger must be given free hotel accommodation (including transfers).
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In case of flight cancellation, the airline must inform the passenger of the cancellation at least two weeks before the scheduled time of departure and arrange an alternative flight/refund as acceptable to the passenger. If the passenger is informed of the flight cancellation less than two weeks and up to 24 hours before the scheduled departure time, the airline must offer an alternative fight or refund the ticket, as acceptable to the passenger.
If the passenger has not been informed as per the above timeline or misses a connecting flight booked on the same ticket number of an airline, the airline must provide either an alternative flight as acceptable to the passenger or compensation, in addition to a full refund of the air ticket in accordance with the following scenarios.
Scenario |
Rights |
Flights with a block time of up to and including one hour
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Compensation of INR 5,000 or a booked one-way basic fare plus airline fuel charge, whichever is less, will be payable. |
Flights with a block time of between one and two hours
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Compensation of INR 7,500 or a booked one-way basic fare plus airline fuel charge, whichever is less, will be payable. |
Flights with a block time of more than two hours |
Compensation of INR 10,000 or a booked one-way basic fare plus airline fuel charge, whichever is less, will be payable |
(b) Overbooking?
An airline must first ask for volunteers to give up their seats so as to make seats available for other booked passengers to travel on the flight, in exchange for such benefits/facilities as the airline, at its own discretion, may wish to offer. However, if boarding is denied against the will of a passenger, the following scenarios may arise.
Scenario |
Rights |
The airline arranges an alternative flight scheduled to depart within one hour of the original scheduled departure time.
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The passenger cannot hold the airline liable for compensation. |
The airline arranges an alternative flight scheduled to depart within 24 hours of the booked scheduled departure.
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Compensation equal to 200% of the booked one-way basic fare plus airline fuel charge, subject to a maximum of INR 10,000. |
The airline fails to arrange for an alternative flight scheduled to depart within one hour of the original scheduled departure time, and arranges an alternative flight scheduled to depart more than 24 hours of the booked scheduled departure
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Compensation equal to 400% of the booked one-way basic fare plus airline fuel charge, subject to a maximum of INR 20,000. |
The airline fails to arrange for an alternative flight scheduled to depart within one hour of the original scheduled departure time and the passenger does not opt for an alternative flight
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A refund of the full value of ticket and compensation equal to 400% of the booked one-way basic fare plus airline fuel charge, subject to a maximum of INR 20,000. |
(c) Denied boarding for other reasons?
Please see question 4.1(d).
(d) Baggage delay, damage or loss?
International carriage
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Domestic carriage
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In case of loss, delay or damage to baggage, the carrier’s liability is limited to 1,288 Special Drawing Rights (SDR) per passenger |
In case of loss, delay or damage to baggage, the carrier’s liability is limited to INR 20,000 per passenger. |
In case of loss, delay or damage to cargo, the carrier’s liability is limited to 22 SDR per kilogram (kg) |
In case of loss, delay or damage to cargo, the carrier’s liability is limited to INR 350 per kg |
(e) Disabled access?
The CARs, Section 3 – Air Transport, Series M, Part IV deals with carriage of persons with disability and/or persons with reduced mobility.
Airlines cannot refuse to carry disabled passengers in India. They must, among other things, provide convenient seats and all relevant assistance to such passengers without any extra cost. They must also permit such passengers to travel along with any and all assistive aids/devices, escorts and guide dogs.