Rev. 1, 14 January 2011 1 OFFICE OF THE DIRECTOR GENERAL

Rev. 1, 14

January 2011

GOVERNMENT OF INDIA

OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION

TECHNICAL CENTRE, OPP SAFDURJUNG AIRPORT, NEW DELHI

CIVIL AVIATION REQUIREMENTS

SECTION 3 – AIR TRANSPORT

SERIES ‘M’ PART IV

ISSUE I, DATED 6

AUGUST, 2010 EFFECTIVE: 01.08.2016

File No. 23-15/2016-AED

Subject: Facilities to be provided to passengers by airlines due to denied

boarding, cancellation of flights and delays in flights.

1. INTRODUCTION

1.1 In view of rapid expansion of air services within India and on international

routes to/from India and with the increase in the volume of passenger traffic, it

has become necessary for the Government to take appropriate action to

ensure appropriate protection for the air travelers in case of flight disruptions

and, in particular, denied boardings, flight cancellations and delays without

due notice to the passengers booked on the flight(s).

1.2 The Government accordingly considers it necessary to raise the standards of

protection both to strengthen the rights of the passengers and to ensure that

the airlines operate under harmonized conditions. As the distinction between

the scheduled and non-scheduled services is reducing, such protections shall

be provided to passengers traveling not only on scheduled flights but also on

non-scheduled flights and foreign carriers operating to/from India.

1.3 In order to ensure effective application of this CAR, the obligation of

compliance shall rest with the airline which performs or intends to perform the

flight in question whether with its own aircraft, aircraft under dry or wet lease

or on any other basis subject to the conditions laid down herein. This CAR,

however, does not restrict the rights of the operating airline to seek

compensation from any person, including third parties, in accordance with the

applicable law.

1.4 The operating airline would not have the obligation to pay compensation in

cases where the cancellations and delays have been caused by an event(s)

of force majeure i.e. extraordinary circumstance(s) beyond the control of the

airline, the impact of which lead to the cancellation/delay of flight(s), and

which

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January 2011

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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.

1.5 Additionally, airlines would also not be liable to pay any compensation in

respect of cancellations and delays clearly attributable to Air Traffic Control

(ATC), 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 aircraft 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 of the impact of the

relevant factor and, therefore, the delays or cancellations.

1.6 This CAR is issued under the provisions of Rule 133 A of the Aircraft Rules,

1937 and with the approval of Ministry of Civil Aviation for information,

guidance and compliance of all concerned.

1.7 This CAR shall be applicable to all scheduled and non-scheduled operators.

2. DEFINITIONS

2.1 Airline means an air transport undertaking with a valid Operating Permit

operating Scheduled or Non Scheduled services.

2.2 Operating airline means an airline that performs or intends to perform flights

under a contract with a passenger or on behalf of another person, legal or

natural, having a contract with that passenger.

2.3 Reservation means the fact that the passenger has a confirmed ticket or other

proof which indicates that the booking for travel on a particular flight or several

flights has been accepted and registered by the airline.

2.4 Final destination means the last destination shown on the ticket presented at

the check-in counter for a flight or in case of directly connecting flight, the

destination of the last flight. Alternative connecting flights available shall not

be taken into account if the original arrival time is respected.

2.5 A person with reduced mobility shall be as is defined in CAR Section 3, Series

M, Part I.

2.6 Denied Boarding means a refusal to carry a passenger or passenger holding

confirmed ticket on a flight although he/she has presented himself/herself for

boarding within the time specified by the airline, except where there are

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reasonable grounds to refuse carriage such as reasons of health, safety or

security, or inadequate travel documentation.

2.7 Volunteer means a person who has presented himself for boarding and

responds positively to the air carrier's call for passengers who are prepared to

surrender their reservation on the flight.

2.8 Cancellation means non-operation of a flight which was previously planned to

be operated and on which at least one place was reserved for a passenger.

2.9 Block time is the total time from the moment an aircraft first moves for the

purpose of taking off until the moment it finally comes to rest at the end of the

flight.

3. REQUIREMENTS

3.1 Information about Flights and Reservations

3.1.1 While making enquiries or making a booking for a flight through an airline or

its designated travel agent, each passenger shall be provided neutral and

accurate information on the flight details and reservation status as also the

applicable conditions specified by the airline for both the fare category and the

conditions of travel.

3.1.2 Unless a passenger specifies, the airline/agent must provide neutral

information on the different options available for a journey ranked in the

following order:

a) Non stop flights

b) Flights with intermediate stops but without a change of aircraft

c) Connecting flights

d) All the fares available from airlines, as applicable

However, the airline will have the right to give preference to its own flights in

providing the information in order to promote business on its services.

3.1.3 The airline or its designated travel agent must pass on to the passengers the

following information in the form of a computer print-out:

a) The identity of the airline which will actually provide the service, as

opposed to the airline mentioned on the ticket;

b) Changes of aircraft during the journey;

c) Stops en-route during the journey;

d) Transfer between the airports during the journey.

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3.2 Denied Boarding

3.2.1 When the number of passengers, who have been given confirmed bookings for

travel on the flight and who have reported for the flight well within the specified

time ahead of the departure of the flight, are more than the number of seats

available, 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 of such benefits/facilities as the airline, at its own discretion, may

wish to offer, provided airports concerned have dedicated check-in

facilities/gate areas which make it practical for the airline to do so.

3.2.2 If the boarding is denied due to condition stated at Para 3.2.1 to passengers

against their will, the airline shall not be liable for any compensation in case

alternate flight is arranged that is scheduled to depart within one hour of the

original schedule departure time of the initial reservation. Failing to do so, the

airline shall compensate the passengers as per the following provisions:

a) An amount equal to 200% of booked one-way basic fare plus airline fuel

charge, subject to maximum of INR 10,000, 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 INR 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 INR 20,000.

3.2.3 A passenger booked on connecting flights of the same airline or of the other

airline, shall be compensated by the airline of the first flight for the first leg in

accordance with the provisions of Para 3.2.2 of this CAR, when he has been

delayed at the departure station on account of denied boarding, but has arrived

at the final destination at least three hours later than the scheduled arrival time.

3.3 Cancellation of Flight

3.3.1 In order to reduce inconvenience caused to the passengers as a result of the

cancellations of the flights on which they are booked to travel, airline shall

inform the passenger of the cancellation at least two weeks before the

scheduled time of departure and arrange alternate flight/refund as acceptable

to the passenger. In case the passengers are informed of the cancellation less

than two weeks before and upto 24 hours of the scheduled time of departure,

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the airline shall offer alternate flight allowing them to depart within two hours of

their booked scheduled time of departure or refund the ticket, as acceptable to

the passenger.

3.3.2 Passengers who have not been informed as per the provisions contained in

Para 3.3.1, or missed the connecting flight booked on the same PNR, the

airlines shall provide compensation in addition to the full refund of air ticket in

accordance with the following provisions:

a) INR 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) INR 7,500 or booked one-way basic fare plus airline fuel charge, whichever

is less for flights having block time of more than 01 hour and up to and

including 02 hours.

c) INR 10,000 or booked one-way basic fare plus airline fuel charge, whichever

is less for flights having a block time of more than 02 hours.

Additionally, the airline shall provide them facilities at the airport in accordance

with Para 3.7.1 (a) in the event they have already reported for their original

flight and whilst they are waiting for the alternate flight.

3.3.3 No financial compensation shall be payable to passengers who have not

provided adequate contact information (email id or a phone number) at the time

of making booking or when the ticket for firm travel on the selected flight is

issued. In respect of such passengers the airlines will either refund the ticket

prices or make reasonable endeavor to make alternate travel arrangements as

per the choice of the passengers. Additionally, in respect of such passengers

who elect to travel to their destination on an alternate flight, the airline shall

provide them with reasonable facilities during the period that they are required

to wait at the airport for the alternate flights in accordance with Para 3.7.1 (a).

3.3.4 No such compensation shall be payable to any of the affected passengers in

case the cancellations occur due to extraordinary circumstances beyond the

control of the airline (as described in Para 1.4 and Para 1.5) even if all

reasonable measures had been taken by the airline.

3.3.5 The refund of air ticket shall be made in accordance with CAR Section 3, Series

M, Part II.

3.4 Delays in Flight

3.4.1 The airlines shall provide facilities in accordance with Para 3.7.1 (a) 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:

a) 2 hours or more in case of flights having a block time of up to 2 ½ hrs; or

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b) 3 hours or more in case of flights having a block time of more than 2 ½ hrs

and up to 5 hours; or

c) 4 hours or more in case of flights not falling under sub-para (a) and (b) of

Para 3.4.1.

3.4.2 When flight is expected to be delayed for more than 4 hrs from the published

scheduled time of departure or previously revised departure time

(communicated more than 24 hours prior to original scheduled departure time),

airlines shall offer an option of full refund of ticket to the passenger.

3.4.3 When delay is more than 24 hrs from the published scheduled time of departure

and involves flight to fly the next day i.e. beyond 0000 hours, passenger shall be

offered facility in accordance with the provisions of Para 3.7.1 (b) of this CAR.

3.4.4 In case of connecting flight booked on the same PNR, if the first flight is delayed

due to airline’s fault (excluding force majeure), the airline shall offer the following

compensation:

a) More than 3 hours: INR 5,000

b) Between 4 and 12 hours: INR 10,000

c) More than 12 hours: INR 20,000

Note: The above compensation shall be paid only when the passenger has

provided the information of connecting flight to the airline at the time of

booking.

3.4.2 When the reasonably expected time of departure is more than 24 hrs. after

the scheduled time of departure previously announced, the airline shall

provide facility to the passengers in accordance with the provisions of Para

3.6.1 (b) hereunder.

3.4.5 An operating airline shall not be obliged to adhere to Para 3.7 if the delay is

caused due to extra ordinary circumstances as defined in Para 1.4 and Para

1.5 which could not have been avoided even if all reasonable measures had

been taken.

3.4.6 The burden of proof concerning the questions as to whether and when the

passenger has been informed of the delay of the flight shall rest with the

operating airline.

3.5 Compensation by Foreign Carriers

3.5.1 In the case of foreign carriers, the amount of compensation paid to the

passengers shall be as contained in the regulations of their country of origin or as

given in para 3.2.2/3.3.2/3.4.4 of this CAR.

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3.6 Mode of Compensation

3.6.1 The compensation referred to in Para 3.2.2, 3.3.2 and 3.4.4 shall be paid in cash,

by bank transfer or with the signed agreement of the passenger in the form of

travel vouchers.

3.7 Facilities to be offered to Passengers

3.7.1 Passengers shall be offered free of charge the following:

a) Meals and refreshments in relation to waiting time.

b) Hotel Accommodation when necessary (including transfers).

3.7.2 Airlines shall pay particular attention to the needs of persons with reduced

mobility and any other person (s) accompanying them.

3.8 Passenger Redressal

3.8.1 When affected by denied boarding, a cancellation or a long delay, the

passenger may complain directly to the airline in the event the airline has not

provided the

compensation and/or reasonable facilities as specified in this CAR.

3.8.2 The passenger may file the grievance on AirSewa App or Portal or with DGCA.

3.8.3 If the passenger is not satisfied with the resolution of grievance by airline and/or

AirSewa/DGCA, the passenger has liberty to complain to any statutory

body/court set up under relevant applicable laws.

3.9 General

3.9.1 If airlines offers a flight to/from an airport or terminal alternative to that for which

booking was made, where it is served by several airports or terminals, the airline

shall bear the cost of transferring the passenger to/from that alternate airport or

terminal to the one for which the booking was made.

3.9.2 The airlines shall display their policies in regard to compensation, refunds and

the facilities that will be provided by the airline in the event of denied

boardings, cancellations and delays on their respective websites as part of their

passenger Charter of Rights. Passengers shall be fully informed by the airlines

of their rights in the event of denied boarding, cancellations or delays of their

flights so that they can effectively exercise their rights provided at the time of

making bookings/ticketing, they have given adequate contact information to

the airline or their agents. The obligation of airlines to fully inform the

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passenger(s) shall be included in ticketing documents and websites of the

airlines and concerned third parties (GDS and travel agents) issuing such

documents on airlines’ behalf.

3.9.3 Airline shall display policy on their respective websites about passenger handling

in the event of cancellation and delays. Airline counters at airports shall

disseminate reasons of cancellation and delays to the affected passengers and

attend to their grievances.

3.9.4 Each Airline shall appoint a Nodal officer and Appellate Authority to settle

passenger grievances in a stipulated time frame. Airlines shall conspicuously

display the details of Nodal Officer and Appellate Authority on their respective

website.

3.9.5 The internal grievance mechanism of airlines shall be transparent with a

provision of on line complaint handling. All complaints registered shall be

issued a unique reference number.

3.9.6 Airline shall regularly submit data on number of cases of denied boarding,

cancellations and delays along with the status and reasons on a monthly basis

so as to reach DGCA office before the tenth day of the next month.

(B.S. Bhullar)

Director General of Civil Aviation