DCGA seeks to provide full refunds in case of involuntary downgrade of tickets

The regulatory body informed that in the 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 been noticed that sometimes airlines downgrade passengers (tickets).

In an effort to protect the rights of air travellers affected by the downgrading of their ticket by an airline, the Directorate General of Civil Aviation (DGCA) is amending its Civil Aviation Requirement (CAR) to provide full refunds and a free-of-cost passage to ticket holders.

DGCA said that in case of cancellation of the flight, it expects the airline to inform & arrange an alternate flight at least two weeks in advance for the passengers (Representative Photo)

In a statement released on Thursday, the air regulator said this change will only be done after consulting stakeholders. This will help all those who book premium economy, business or first-class tickets but are downgraded to a lower class at the time of check-in, it added.

The regulatory body informed that in the 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 been noticed that sometimes airlines downgrade passengers (tickets). As per the DCGA, there are several reasons for the downgrade of tickets such as unserviceable seats, change of aircraft, and overbooking of flights.

“The amendment will allow the passenger, who is downgraded involuntarily from his booked class of ticket, to receive the full value of the ticket, including taxes, as a refund from the airline, and the airline will carry the passenger free of cost in the next available class. However, this proposal will go through stakeholder consultation, and the final regulation shall be published and made applicable afterwards,” a press release by the DCGA said.

HT tried to get the reactions of airlines on this proposed change but has not received any so far.

To cater to such situations, the DGCA is in the process of amending it is Civil Aviation Requirement (CAR) Section-3, Series M, Part IV, namely “facilities to be provided to passengers by airlines due to denied boarding, cancellation of flights and delays in flights,” for protecting the rights of air travellers affected by the downgrading of their ticket, the press released by DCGA noted.

The civil aviation regulatory body also clarified that in case of cancellation of the flight, it expects the airline to inform & arrange an alternate flight at least two weeks in advance.

Additionally, “provided the airline cancels a flight less than two weeks before, and up to 24 hours after booked flight, the airline must arrange an alternate flight within 2 hours of the original departure or refund the ticket.”

The release mentioned, if the airline cancels a flight within less than 24 hours of booked flight, with a block time of less than one hour, the airline is to refund the air ticket and provide compensation for the one-way fare and fuel charge, subject to a maximum amount of ₹5,000. Provided that the block time is over two hours, the passenger is to be provided with a one-way fare and a fuel charge of a maximum of ₹10,000.

There is no obligation from the airline to refund ticket costs in case of unforeseeable circumstances, it said.

It is a common practice among airlines to overbook flights to reduce the possibility of departing with empty seats. DCGA also clarified that in such a case, if a passenger is denied boarding against confirmed bookings for travel on the flight, no compensation would be provided to the passenger if the airline arranges an alternate flight within one hour of the original departure.