WHEN A FLIGHT OR HOTEL IS CANCELLED, WHAT RIGHTS DO I HAVE AS A CONSUMER?

This paper will discuss the legal avenues open to the Indian travelers in case of cancellation of their flights or hotel bookings according to the provisions of Consumer Protection Act, 2019 and DGCA circulars. This paper will explore how issuance of non-refundable 'credit shells' or 'travel vouchers' by airlines amounts to 'deficiency in services' and an 'unfair trade practice'.

SERVICES

RIMI AGARWAL

5/7/20264 min read

INTRODUCTION :
The promise of global connectivity in modern travel fails to account for the uncertainties posed by cancellation at the last minute. Whether it is the sudden cancellation of your flight by the airline because of operational difficulties or the unilateral termination of your hotel reservation during peak season, travelers face unforeseen hassles and losses.
However, consumers in India need not feel powerless if their travel plans go awry for any reason. Indian law ensures significant statutory protection to consumers in such matters. The problems faced by air passengers are guided by stringent DGCA regulations, and that for hotels comes under the purview of the Consumer Protection Act, 2019.

FLIGHT CANCELLATIONS : THE DGCA PASSENGER RULES :
Your rights will be dependent solely on the timeline of the disruption. As per the DGCA guidelines, airlines have an obligation to pay compensation under set parameters based on the time at which you are informed regarding the cancellation of the flight. In cases where the airline cancels the flight early with more than two weeks' notice, they are liable only to offer an alternate flight or give a refund. Should the notice be between two weeks and 24 hours before departure, then you are owed an alternate flight that takes off within two hours of the time your flight was supposed to depart or get a complete refund.
Your maximum liability starts to kick in when you are given less than 24 hours' notice or when there is a last-minute cancellation in the terminal area. Under such extreme circumstances, you are eligible for a complete refund or an alternative flight, along with the monetary compensation of between ₹5,000 and ₹10,000 based on the flight's block time. Additionally, in cases of denial of boarding because of overbooking of the flight, the airline might incur the penalty of as much as ₹20,000.

HOTEL CANCELLATIONS : A “DEFICIENCY IN SERVICE”
Whereas there is one body responsible for the oversight in the aviation industry, in the hospitality industry, there isn’t. Bookings are treated as consumer agreements in terms of the Consumer Protection Act of 2019. In the event that your booking is cancelled unilaterally by a hotel or an OTA, or they refuse to check you in because they have overbooked their rooms, this is called Deficiency in Service in terms of Section 2(11).
It is quite normal for hotels to overbook the rooms in their hotels, however, in the event that you show up at their hotel premises with your confirmed voucher and they deny you check-in services, then the hotel should book you accommodation in another hotel of comparable standard in close proximity without incurring any additional costs for yourself.

THE ESCALATION LADDER : HOW TO ENFORCE YOUR RIGHTS :

When you are dealing with customer care people who are not helping you you should stop complaining in a way and follow a proper plan to make sure your rights are protected. The first thing you need to do is make a record of what happened. You should send an email to the customer care team of the airline or the manager of the hotel and ask for a specific case number. If the airline is not helping you you should take your complaint to the people in charge of solving problems at the airline. If you are having a problem with a hotel you should send them a notice in writing giving them 7 to 15 days to give you your money back or pay you for the trouble you had.
If the people you are dealing with are not helping you you can ask for help from the government. For problems with airlines you can go to the AirSewa website. Make a formal complaint. For problems with hotels you can call 1915. Talk to the National Consumer Helpline and they will help you work things out with the company. If nothing else works you can go to court. There is a website called E-Daakhil where you can file a complaint about a company that did not do what they were supposed to do. You do not need a lawyer to do it.

It is very important to keep track of what's happening. Take pictures of things that happen on your phone like if an app cancels your booking. Save emails. Take pictures of signs at the airport or hotel. If a hotel will not give you a room, ask the person at the desk to give you a piece of paper that says they will not give you a room.. Be careful when you are using travel apps because if you click on something that says you accept a voucher you might be giving up your right to get your money back.

CONCLUSION :

When you have a confirmed flight ticket or a validated hotel voucher that is a commitment. It is not something that can be changed easily. If a service provider breaks this agreement because they overbooked or something else went wrong the law is there to help you. You should not have to deal with the emotional problems that come with it.

In India the rules to protect consumers have changed a lot. Now individual travelers have power when dealing with big companies. If something goes wrong with your travel plans you can use the law to help you. There are things like the DGCA Passenger Charter, the National Consumer Helpline and digital platforms like AirSewa and E-Daakhil that you can use to make your complaint heard.

When you know your rights you can turn a travel experience into something that the law can help you with. This is like having insurance. If a company does not do what they promised you have the right to ask them to make it right. You have the right to be treated fairly and to get your money back. This is what it means to be a consumer with power. You have the law on your side to help you when things go wrong with your travel plans.