含羞草社区

Consumer rights have been one of the most debated topics in the aviation industry in recent times. Be it legal consequences arising out of flight delays, flight cancellations, baggage damage, lost baggage, or denied boarding, these are all issues that can be an airline’s nightmare as a result of air travellers – the consumers – wanting to exercise their legal rights and hold the airline accountable.

While a jurisdiction like the EU has a robust legal mechanism in place to protect consumer rights vis-à-vis the aviation industry, India lacks such a dedicated regime. This article focuses on the prevailing legislation in India to protect air passenger rights, and why there is a need to enact a dedicated law for air passenger protection, similar to Regulation (EC) No. 261/2004 in the EU.

EU compensation rules

Regulation (EC) No. 261/2004 was enacted on 11 February 2004, and established common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations or long delays. This included, among other things, reducing the number of passengers denied boarding against their will by requiring air carriers to first call for volunteers to surrender their reservations in exchange for benefits, instead of denying boarding outright, and by fully compensating those finally denied boarding.

Under this regulation, passengers denied boarding against their will should be able either to cancel their flights with reimbursement of their tickets, or to continue their journeys under satisfactory conditions and be adequately cared for while awaiting a later flight. The regulation also provides that volunteers should be entitled either to cancel their flights with reimbursement or to continue them under satisfactory conditions, since they face difficulties similar to those experienced by passengers denied boarding against their will.