Booked a biz class seat but got bumped to economy? Here are your rights

Imagine you booked a fancy business class plane ticket for your vacation, but when you got to the airport, the airline informed you that there wasn't enough space and moved you to a regular economy seat. Frustrating, right?  But what are your rights in this situation? Should the airline just say "sorry, not sorry" and leave you fuming?

A woman last week complained on social media that her mother was bumped down from business class to economy class on an Air India flight from Delhi to Washington DC. Here's what allegedly happened:

1. The woman's mother had a confirmed business class ticket for the flight
2. Upon arrival at the airport, she was told there was an issue with her seat.
3. Initial explanations were confusing. Airline staff first said the seat wasn't reclining, then claimed it was reserved for crew.
4. Eventually, the woman's mother discovered someone else was sitting in her business class seat.
5. She was then offered a seat in economy class, which lacked features like a fully-reclining seat, as expected in business class.
6. The passenger's daughter took to a social media platform (formerly Twitter) to express  frustration about the situation. She highlighted the inconvenience caused by the downgrade and the rude behavior of the ground staff at Delhi airport.
7. After the complaint, Air India offered some form of compensation, which included a 75% refund of the business class fare and an upgrade voucher for a future flight.

Business Standard dives into what happens when airlines bump you down from business class to economy. Here's the lowdown:

What does downgrading mean? 

"Downgrading passengers means shifting a passenger to a lower class of travel at the time of check-in than what was paid for at the time of booking the ticket. Airlines have cited reasons ranging from non-availability of seats, unserviceable seats and overbooking. Cases of downgrading have become increasingly common, especially with higher cabin classes being preferred for long distance travel by senior citizens and people with mobility and other health issues.   While grossly unfair and only permissible in exceptional situations such as natural disasters, war, political instability or factors beyond the control of the airline, it is a legal decision that the airline is authorized to take," said Gauri Subramanium, Advocate, Supreme Court.

Is Downgrading a Passenger a legal right? 
 

Yes, downgrading a passenger from flight is legal only in certain conditions. Shashank Agarwal, Advocate, Supreme Court of India explains:

a) General reasons: Unserviceable seats, change of aircraft, overbooking, etc. In such cases, Airline Operators will be liable to reimburse the flight ticket charges with taxes.

b)Due to force majeure reasons: Extraordinary circumstances including political instability, natural disaster, civil war, insurrection or riot, flood, explosion, government regulation etc, which affect the airline operator's ability to operate flights on schedule or any other factors that are beyond the control of the airline. In such cases, the reimbursement policy may not be applicable.

What is the compensation? 

"It is unfortunate what has happened with the passenger. All the airlines have to follow the guidelines of DGCA and as per the guidelines , the airlines are mandated to reimburse the ticket amount which shall include taxes. The passenger is entitled to 75 % of the cost inclusive of taxes on a domestics flight and in so far as international flights are concerned the reimbursements are as follows:

A. Less than 1,500 kms - 30 % inclusive of taxes 

B. Between 1,500 to 3500 kms - 50 % inclusive of taxes 

C. More than 3,500 Kms -75% inclusive of taxes 

However, the passenger can always file a complaint with Airsewa which is an initiative of MOCA ( Ministry of Civil Aviation) , Govt of India and register their grievances," said Alay Razvi, Partner, Accord Juris LLP

Example: If X is travelling on a flight from Hyderabad to Dubai and his travel distance is less than 1500 kms and for unforeseen reasons such as unserviceability of the seats, he has been downgraded, the passenger is entitled to claim 30 percent of the airfare including taxes.

In another incident, a retired judge filed a complaint against the airlines for seat unserviceability  before the consumer forum and was compensated for deficiency in service. 

What can you do as a passenger if this happens to you and what are the legal rights?
 

First of all, if this happens illegally, you can ask for compensation regarding the same, or of they do not provide then you can file a complaint on Air Sewa App or a Portal of DGCA.
 

If the passenger is not satisfied with the resolution of the grievance by the airline or Air Sewa, the passenger has the liberty to complain before the Consumer Court.

If this ever happens to you, the first thing to do is talk to the airline right away. Explain what happened and ask for a refund and compensation.
 

"Recent instances on long distance sectors have revealed that when passengers insisted on traveling and refused the percentage of reimbursement and upgrade vouchers, the airline finally succumbed and rebooked them on the soonest possible flight in the original cabin of choice. This is not an option available for urgent travel but must be kept in mind nevertheless," said Subramnium.