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  • Refund of Airline Tickets To Passengers of Public Transport Undertakings - D3M-M2 (Draft - June2016)

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    Disability Rights Alliance
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    Draft amendment to CAR Section 3 Series M Part II -Refund of Airline Tickets to Passengers of Public Transport Undertakings. Comments required by 27th June 2016 Please address comments to: Lalit Gupta, Joint Director General, Office of the Director General of Civil Aviation, Opp. Safdarjung Airport, Aurobindo Marg, New Delhi 110 003. Email:lalit.dgca@nic.in -- As downloaded 20160611 from http://dgca.nic.in/misc/draft%20cars/D3M-M2(Draft_June2016).pdf --- 1 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 6TH AUGUST, 2010 EFFECTIVE: 15.8.2010 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 travelling 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 2 control of the airline, the impact of which lead to the cancellation/delay of flight(s), and which 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 Aircraf

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    Draft amendment to CAR Section 3 Series M Part II -Refund of Airline Tickets to Passengers of Public Transport Undertakings. Comments required by 27th June 2016 Please address comments to: Lalit Gupta, Joint Director General, Office of the Director General of Civil Aviation, Opp. Safdarjung Airport, Aurobindo Marg, New Delhi 110 003. Email:lalit.dgca@nic.in -- As downloaded 20160611 from http://dgca.nic.in/misc/draft%20cars/D3M-M2(Draft_June2016).pdf --- 1 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 6TH AUGUST, 2010 EFFECTIVE: 15.8.2010 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 travelling 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 2 control of the airline, the impact of which lead to the cancellation/delay of flight(s), and which 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 Aircraf

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    Refund of Airline Tickets To Passengers of Public Transport Undertakings - D3M-M2 (Draft - June2016)

    Загружено:

    Disability Rights Alliance
    Draft amendment to CAR Section 3 Series M Part II -Refund of Airline Tickets to Passengers of Public Transport Undertakings. Comments required by 27th June 2016 Please address comments to: Lalit Gupta, Joint Director General, Office of the Director General of Civil Aviation, Opp. Safdarjung Airport, Aurobindo Marg, New Delhi 110 003. Email:lalit.dgca@nic.in -- As downloaded 20160611 from http://dgca.nic.in/misc/draft%20cars/D3M-M2(Draft_June2016).pdf --- 1 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 6TH AUGUST, 2010 EFFECTIVE: 15.8.2010 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 travelling 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 2 control of the airline, the impact of which lead to the cancellation/delay of flight(s), and which 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 Aircraf

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    из 3

    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 II
    ISSUE I, DATED 22 May, 2008
    Subject:

    EFFECTIVE FORTHWITH
    File No. 23-16/2016-AED

    Refund of Airline Tickets to Passengers of Public Transport


    Undertakings.

    1.

    Introduction

    1.1

    The issue of refund of tickets by airlines has become a major source


    of grievance amongst airline passengers. A large number of complaints are
    regularly received which can broadly be divided into the following
    categories:
    a) Delay in refund of unused tickets.
    b) The amount which is refunded by the airlines against cancelled tickets.
    c) Policy of no refund of the ticket amount but to adjust against tickets to
    be purchased by the passenger for future travel in the same airline that
    too valid for a limited period of time.

    1.2

    While the Government is committed to no interference in the


    commercial practices of the airlines, the volume of the complaints
    necessitates some affirmative action to safeguard the interest of the
    travelling public. The matter has been discussed in several meetings with
    the airlines with no significant improvement in the system adopted by
    airlines for refund of tickets. It is, therefore, now considered necessary
    by Government to fix some minimum bench marks, as far as the refund
    policy is concerned in order to stem the growing dissatisfaction among the
    passengers regarding the refund procedures adopted by some airlines.

    2.

    This CAR prescribes minimum requirements for


    purchased by persons/passengers with respect

    refund of ticket
    to air transport

    undertakings including scheduled domestic/non-scheduled operators/


    foreign carriers operating to/from India.
    This CAR is issued in public interest as per Rule 133A of the Aircraft Rules
    and Ministry of Civil Aviation Order No. AV 13030/105/2007-DT dated 12
    May, 2008.
    3.

    Requirements
    a)

    In case of credit card payments, refund shall be made by the airlines


    within seven days of the cancellation to the account of credit card
    holder.

    b)

    In case of cash transactions, refund shall be made immediately by


    the airlines office from where the ticket was purchased.

    c)

    In case of purchase of ticket through travel agents, the arrangement


    for refund be left to the passenger and the travel agent. In case of
    purchase of ticket through travel agent/portal, onus of refund shall lie
    with the airlines as agents are their appointed representatives. The
    airlines shall ensure that the refund process is completed within 15
    working days in case of domestic travel and 30 working days in case
    of international travel.

    d)

    Airlines shall necessarily return the PSF collected by them from the
    passengers on non-utilization/ cancellation of tickets. The airlines
    shall refund all statutory taxes and User Development Fee
    (UDF)/Airport Development Fee (ADF)/Passenger Service Fee
    (PSF) to the passengers in case of cancellation/non-utilisation of
    tickets/no show. This provision shall also be applicable for all types
    of fares offered including promos/special fares and where the basic
    fare is non-refundable.

    e)

    Airlines shall refund any charges such as congestion charge, fuel


    surcharge etc., alongwith the refund of the ticket, unless these are
    clubbed with basic fares.

    Note: For the charges, surcharges levied by the airlines, the word tax or
    taxes should not be used.
    e)

    When being offered tickets for future travel, passengers shall be


    allowed an option for refund of money instantly. The option of holding
    the refund amount in credit shell by the airlines shall be the
    prerogative of the passenger and not a default practice of the airline.

    f)

    The airlines should indicate in an unambiguous manner the amount


    of refund of money admissible on cancellation of a ticket. For this
    purpose, the amount and its break-up may be indicated on the ticket
    itself or through separate form used for the purpose, and the policy
    and amount of refund shall also be displayed by the airlines on their
    respective websites.

    g)

    In case of lost ticket coupons, the airlines shall take prompt action to
    refund the ticket amount after verification from their records,

    h)

    Under no circumstances, the airline shall levy cancellation charge


    more than the basic fare.

    i)

    The airlines shall not levy any additional charge to process the
    refund.

    j)

    Foreign carriers operating to/from India shall refund the tickets in


    accordance with regulations of their country of origin. The mode of
    refund shall be in accordance with Para 3 (a),(b) & (c) of this CAR.

    (M. Sathiyavathy)
    Director General Civil Aviation

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