Your rights when a flight is delayed or cancelled
India, Dec. 6 -- 1. I'm at the airport and my flight is delayed. What do I get?
If you have checked in on time, your rights depend on the length of the delay relative to your flight duration.
l Free meals & refreshments: You are entitled to this if the delay is:
2+ hours (for flights with duration 5 hours).
l Rescheduling or refund: If the delay exceeds 6 hours, the airline must offer you a choice:
An alternate flight within 6 hours, OR
A full refund of the ticket.
This is somewhat complicated. The rules differ based on why the flight is delayed.
The general rule: Airlines must provide free hotel accommodation (with transfers) if the delay is overnight or exceeds 24 hours.
The "force majeure" trap: The regulations contain an exception. Airlines are not obliged to provide hotels (or compensation) if the delay is caused by "extraordinary circumstances" beyond their control.
l Includes: Fog, weather conditions, security risks, natural disasters.
l Excludes: Crew shortages, rostering issues, and administrative failures.
Your strategy: If an airline denies you a hotel citing "Weather/Fog," they are legally within the current Indian rules. However, if they admit the delay is due to "operational reasons" (e.g., pilot shortage), you should demand the hotel accommodation mandated by CAR Section 3, Series M, Part IV.
You are legally entitled to financial compensation if the airline fails to inform you of the cancellation at least two weeks before the scheduled departure. If you are not informed in time, or if you miss a connecting flight booked on the same ticket, the airline must provide compensation in addition to a full refund.
The specific compensation amounts depend on your flight duration:
l Flights up to 1 hour: Rs.5,000 (or basic fare + fuel charge, whichever is less).
l Flights between 1 and 2 hours: Rs.7,500 (or basic fare + fuel charge, whichever is less).
l Flights longer than 2 hours: Rs.10,000 (or basic fare + fuel charge, whichever is less).
Yes. If your flight is cancelled OR if it is delayed by more than 6 hours, you have the right to refuse the alternate flight offered by the airline and demand a full refund.
Refund timeline:
l Cash/bank transfer: Immediate.
l Credit card: Within seven days.
l Travel agent: You must claim it from them.
If your checked baggage is lost, delayed, or damaged:
l Domestic Flights: Liability is limited to Rs.20,000 per passenger.
l International Flights: Liability is limited to 1,131 SDR (approx. Rs.1.2 Lakh) per passenger.
If the airline rejects your claim (e.g., blaming weather when it was actually a crew shortage), lodge a formal grievance:
AirSewa App/Portal: www.airsewa.gov.in (The primary government channel).
DGCA nodal officer: Available at major airports....
To read the full article or to get the complete feed from this publication, please
Contact Us.