Am I eligible for Flight Compensation? Know EU & DGCA Rules

Air travel is always fun until you face flight delay, onboard denial or flight cancellation. It generally occurs for different reasons, from a lack of available crew to mechanical problems or something else. Availing compensation for flight disruptions was established under EU Regulation 261/2004 and in India under DGCA-CAR.

The Flight Compensation Regulation 261/2004 in EU law established common rules on compensation and assistance for passengers in the event of denied boarding, flight cancellations, or long delays of flights. Passengers can claim up to € 600 per passenger for flights which are delayed for 3 or more hours under this rule. This rule is applicable if you’re departing/arriving on an EU airline while, under DGCA rules, passengers are entitled to avail up to INR. 10,000.

Where does EU Flight Compensation Regulation 261/2004 apply?

European passenger rights are applicable on all flights that flies inside the EU, as well as flights that land in the EU provided the operating airline is a EU-based carrier. The regulation applies to scheduled, charter and low-cost flights. EU 261/2004 is also subject to restrictions in Iceland, Norway and Switzerland.

EU 261/2004 apply

• If you begin your air travel in the EU or your flight landed in the EU and the airline in which you boarded is EU-based.
• Regardless of whether your flight was scheduled, charter or low-cost flight or part of a package holiday deal.

EU 261/2004 doesn’t apply

• If you were late to check-in, as this is your responsibility and not the airlines. So make sure you do so at least 45 minutes before your departure.
• If you are using a tariff which is not available to the public directly.

DGCA Regulations for air passenger rights

The Directorate General of Civil Aviation, Government of India has drafted the rights to air passengers flying within the country. It includes rules & regulations that are specially designed to protect the air passenger rights.

Air passenger rights varies from country to country. In India, the rights cover compensation for flight delays, cancellations, denied boarding, and baggage lost or damage. However, passengers who frequently travel to different countries often feel protected under the regulations.

Still there are lots of air passengers who are not aware of their rights and do not even know if passenger rights actually exist. Almost 90% of Indian air passengers do not know about their rights and this has become the mission of refundme.in to decrease the figures.

Circumstances where airlines may deny to pay compensation

An airline company would never want to pay such amount of money or to get dragged down to the court which hampers its reputation maintained in the market. If the following cases hampers the regular scheduling of flight then they’re not liable to pay any compensatory amount to the passengers.

• The airline company can avoid compensating passengers for delayed flight claims if they can prove that the flight delay was caused by exceptional dysfunction which was beyond the airline’s control. (Exceptional conditions include severe weather, strikes and radar failure)

Airlines always try to refer to such circumstances which may help them to evade their part of responsibility and avoid paying compensation, even if this is not permissible. It is often difficult for passengers affected to prove them opposite. Here the task of refundme.in arises, it represents affected passengers against the airline and fights for your rights, often taking airlines to court, if necessary. If a flight is delayed and the airline cannot produce solid evidence to prove exceptional circumstances, it must compensate all affected passengers.

Services available for affected passengers under EU and DGCA Regulations

• Replacement services : In most of cases, it is a full refund of the ticket price or replacement transport to your final destination. Specifically it applies to passengers who have been denied boarding or whose flight has been cancelled. However, if a flight is delayed for over 5 hours, passengers can also choose to abandon the travel completely and claim compensation.
• Utilities entitled : In case you have to wait for a delayed flight, the airline is bounded by EU/DGCA regulations to provide you with you necessities(includes drinks and snacks as well as an overnight stay in a hotel) if necessary airport transfers are also a part of it.
• Compensation payment : Boarding denial, delay of more than 3 hours or a cancelled flight, you may be entitled to a compensation payment of up to 600 euros and according to DGCA rules passengers are entitled up to INR 10,000 subject to the flight distance and the duration of the delay.

refundme.in – the first ever flight claim compensation company in India, was established with the concern for the air passengers who face day to day problems. refundme.in is a platform where you can raise a ticket and get the flight compensation that you deserve. We even fight back in court, through official enforcement bodies, because we can’t see passengers suffering and airlines making unfair gains.

Don’t worry, refundme.in has got your back.