Know Your Rights: A Simple Guide to the Indian Passenger Charter (DGCA Rules You Must Know)

Introduction: Don’t Let Airlines Get Away With It – Know Your Rights!

We’ve all experienced it: the sudden flight cancellation, the frustrating hours-long delay, or the unsettling news that your baggage is nowhere to be found. In these moments of stress and uncertainty, it’s easy to feel powerless against an airline. But did you know that as an Indian air traveller, you are legally entitled to specific services, alternate flights, and even substantial cash compensation?

The Indian Passenger Charter, enforced by the Directorate General of Civil Aviation (DGCA) through its Civil Aviation Requirements (CARs), lays out your non-negotiable rights. This isn’t a request; it’s your right. This comprehensive guide will simplify the often-complex rules, empower you with the knowledge to assert your entitlements, and ensure you never pay full price for an airline’s operational failures again.

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1. Flight Cancellations: What You’re Owed When Your Flight Is Called Off

A flight cancellation can throw your travel plans into disarray, but your rights depend on when the airline notifies you.

• If you are informed at least 2 weeks (14 days) before your scheduled departure:
  • Your Right: The airline must offer you either a full refund or an alternate flight at no extra cost, allowing you to reach your destination.
• If you are informed less than 2 weeks but more than 24 hours before your scheduled departure:
  • Your Right: The airline must offer you either a full refund or an alternate flight at no extra cost.
• If you are informed less than 24 hours before your scheduled departure: (This is where compensation kicks in!)
  • Your Right: The airline must offer you either a full refund or an alternate flight to your destination.
  • PLUS you are entitled to mandatory financial compensation (in addition to the above):
    • ₹5,000 for flights having a block time of up to 1 hour.
    • ₹7,500 for flights having a block time of 1 to 2 hours.
    • ₹10,000 for flights having a block time of more than 2 hours.
  • Pro Tip: This compensation also applies if the airline reschedules your flight to depart earlier by 1 hour or more without giving you at least 24 hours’ notice.
  • Additional Care: If you have to wait for the alternate flight, the airline must also provide free meals and refreshments proportionate to your waiting time.

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2. Flight Delays: Services & Compensation for Waiting Time

Flight delays are perhaps the most common inconvenience. Your entitlements scale with the length of the delay:

• Delay of 2 hours or more (for flights having a block time up to 2.5 hours):
  • Your Right: Free meals and refreshments.
• Delay of 3 hours or more (for flights having a block time of 2.5 to 5 hours):
  • Your Right: Free meals and refreshments.
• Delay of 4 hours or more (for flights having a block time of more than 5 hours):
  • Your Right: Free meals and refreshments.
• Significant Delay (>6 hours) & Overnight Stay:
  • Your Right: If your flight is expected to be delayed by more than 6 hours, the airline should communicate this to you. If the revised departure time is 24 hours or more from the original scheduled departure time, the airline must offer an alternate flight within 6 hours or a full refund of the ticket.
  • Overnight Accommodation: If your domestic flight’s departure is delayed by 6 hours or more and is scheduled to depart between 8:00 PM and 3:00 AM, the airline must provide free hotel accommodation and free transport between the airport and the hotel.
• Tarmac Delays (Stuck Inside the Plane):
  • > 1 hour: The airline must provide free water and refreshments.
  • > 2 hours: The flight must return to the gate to de-plane passengers, unless there’s a safety or security reason not to.

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3. Denied Boarding: Don’t Get Bumped Without Compensation

Denied boarding, often due to overbooking, occurs when an airline cannot accommodate you on a flight for which you have a confirmed reservation.

• The Rule: Airlines often ask for volunteers to give up their seats. If you don’t volunteer and are involuntarily denied boarding, you are entitled to compensation.
• What You’re Owed:
  • If the airline arranges an alternate flight that departs within 1 hour of your original scheduled departure time:
    • Your Right: You are not entitled to any compensation.
  • If the alternate flight departs between 1 and 24 hours after your original scheduled departure time:
    • Your Right: 200% of your one-way basic fare plus airline fuel charge, subject to a maximum of ₹10,000.
  • If the alternate flight departs more than 24 hours after your original scheduled departure time:
    • Your Right: 400% of your one-way basic fare plus airline fuel charge, subject to a maximum of ₹20,000.
  • Additionally: The airline must also offer you a full refund of your ticket if you do not opt for an alternate flight.

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4. Baggage Issues: Lost, Delayed, Damaged, or Pilfered

Baggage woes are a common concern for travellers. The airline’s liability for checked and cabin baggage is capped under the Carriage by Air Act.

• For Domestic Carriage:
  • Lost, Delayed, or Damaged Checked-in Baggage: The airline’s liability is limited to ₹20,000 per passenger.
  • Lost, Delayed, or Damaged Cabin Baggage: The airline’s liability is limited to ₹3,000 per passenger.
• For International Carriage:
  • Lost, Delayed, or Damaged Checked-in Baggage: The airline’s liability is limited to 1,131 SDR (Special Drawing Rights) per passenger (approximately ₹1,25,000, but fluctuates with exchange rates).
  • Lost, Delayed, or Damaged Cabin Baggage: The airline’s liability is limited to 332 SDR per passenger (approximately ₹36,000).
• Crucial Pro Tip: File a PIR! If your baggage is lost, damaged, or delayed, you must file a Property Irregularity Report (PIR) at the airline’s counter before leaving the airport. Without this, your claim process becomes significantly harder.

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5. Refunds & Your “Golden Hour”: Cancellation & Amendment Rules

Even on tickets marked “non-refundable,” you have rights regarding certain fees, and there’s a special window for penalty-free changes.

• Refund of Statutory Taxes & Fees: If you cancel your ticket (even a “non-refundable” one), you are always entitled to a full refund of all statutory taxes, User Development Fees (UDF), Passenger Service Fees (PSF), and Airport Development Fees (ADF). Only the basic fare and fuel surcharge may be non-refundable.
• The “Golden 24-Hour Rule” (Free Cancellation/Amendment): For domestic flights only, you can cancel or amend your booking without any cancellation or amendment fee if:
  1. The cancellation/amendment is made within 24 hours of booking the ticket.
  2. The scheduled departure of the flight is at least 7 days away (168 hours) from the time of booking.
  • Your Right: The airline cannot charge you any additional charges for cancelling or amending within this window.

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6. Other Important Passenger Rights

• Flight Diversion: If your flight is diverted to a different destination due to unforeseen circumstances, the airline must communicate this promptly and provide refreshments if the waiting time exceeds 2 hours.
• Passengers with Reduced Mobility/Disability: Airlines cannot refuse to carry you or your assistive aids. They must provide assistance (wheelchairs, escorts) and appropriate seating arrangements. Notification of specific requirements must be given at least 48 hours in advance.
• Medical Emergency at Airport: All airports are equipped with medical doctors, ambulances, medical support equipment, and paramedical personnel. Airlines are also expected to handle medical emergencies professionally.
• Right to Information & Escalation: You have the right to constant information regarding delays, cancellations, etc. If an airline denies your rightful claim, you can escalate it to the AirSewa portal or app run by the Ministry of Civil Aviation.

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How to Make a Claim: Asserting Your Rights Effectively

Knowing your rights is only half the battle; successfully claiming them is the other.

1. Be Informed & Firm: Calmly and politely, but firmly, quote the specific rule from the Passenger Charter (e.g., “Under the DGCA Passenger Charter, CAR Section 3, Series M, Part IV, I am entitled to X compensation for this Y-hour delay”). Ask for the Station Manager if frontline staff are unhelpful.
2. Get it in Writing: If an issue occurs (delay, cancellation), try to get official documentation from the airline – a stamped boarding pass, an official letter, or email confirmation of the disruption.
3. Use AirSewa: This is your most powerful tool. The AirSewa portal (www.airsewa.gov.in) or mobile app (available on Android/iOS) allows you to file formal grievances directly with the Ministry of Civil Aviation/DGCA. Airlines are mandated to respond within a stipulated time frame. This often leads to quicker and more favorable resolutions.
4. Social Media Leverage: A polite but firm tweet tagging the airline’s official handle and @DGCAIndia can sometimes prompt a swift response from their social media team, who are often keen to resolve public complaints quickly.

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Conclusion

The Indian Passenger Charter is a powerful tool designed to protect you, the consumer. By understanding your rights regarding delays, cancellations, denied boarding, baggage issues, and refunds, you can navigate unforeseen travel disruptions with confidence. Don’t let airlines get away with denying you what you are legally owed. Stay informed, be firm, and use the resources available to ensure a smoother, fairer travel experience.