Flight delayed or cancelled due to fog? Know your compensation rights

The sudden flight cancellations earlier this week due to dense fog in cities like Delhi and Chandigarh have affected travel plans and onward journeys of many passengers going out on vacations or business meetings. Social media platforms have also been abuzz with videos of passengers yelling at ground staff for their rights after flights were delayed at a few airports across the country. Since a weather-related delay or cancellation is more likely to happen now than ever, it is best to get travel insurance to be on the safer side because airlines can't be held liable to compensate the customer in case of weather-related issues or other extraordinary forces called 'Force Majeure'. 

 

Air India has recently introduced the "Fog Care" initiative, which allows affected passengers to reschedule or cancel their flights without any additional charges. 

The Union Ministry of Civil Aviation has asked airlines and operators to do justice to passengers amid cancellations and delays in flights due to fog and other operational-related issues. 

In a meeting with senior officials and airlines, including operator representatives, the aviation minister Jyotiraditya Scindia himself asked operators to strictly follow the Civil Aviation Requirements (CAR) in terms of flight cancellations, or delay and refund policies.

In December 2022, the government issued guidelines for compensation to air passengers due to flight cancellations and delays.

Here are some general guidelines that may apply, but specific policies can vary among airlines

In case of cancellation, the airlines shall either provide an alternate flight or provide compensation in addition to the full refund of air tickets. Additionally, the airline shall provide meals and refreshments to the passengers who have already reported for their original flight at the airport while waiting for the alternate flight.

In case of a flight delay, the airline is required to provide meals and refreshments, an alternate flight or a full refund of the ticket to the passenger or hotel accommodation (including transfers), depending on the total flight delay.

However, airlines shall not be obliged to compensate in cases where the cancellation and delay are caused by a force majeure event--extraordinary circumstances beyond the control of the airline.

Usually, passengers are entitled to a full refund or a replacement flight if there is a delay of over six hours. This delay has to be informed to the passengers at least 24 hours before the departure time. But in the case of a fog-related delay, it is unlikely.

Moreover, if the flight was to depart between 8 pm and 3 am and was delayed for over six hours, passengers should also be given complimentary hotel accommodation. This, however, is at the airline's discretion in case of a weather-related event.

"ndiGo reserves the right to cancel, reschedule or delay the commencement or continuance of a flight or to alter the stopping place or to deviate from the route of the journey or to change the type of aircraft in use without incurring any liability in damages or otherwise to the Customers or any other person whatsoever. Sometimes circumstances beyond IndiGo’s control result in flight delays or cancellations. In such circumstances, IndiGo reserves the right to cancel or delay a flight without prior notice. Circumstances beyond IndiGo’s control can include, without limitation, weather; air traffic control; mechanical failures; acts of terrorism; acts of nature; force majeure; strikes; riots; wars; hostilities; disturbances; governmental regulations, orders, demands or requirements; shortages of critical manpower, parts or materials; labour unrest; etc. IndiGo does not connect to other airlines and is not responsible for any losses incurred by Customers while trying to connect to or from other airlines," reads IndiGo's travel advisory. 

 In case of delays of more than 2 hours or Preponement of the flight by more than 1 hour, IndiGo customers are entitled for a full refund or re-booking onto an alternative IndiGo flight at no additional cost subject to availability. In the special case in which a subsequent portion of an IndiGo flight is cancelled while a Customer is already in transit, a Customer shall have the right to choose to remain at the transit station and accept a partial refund for the portion of the flight not completed; or to return to the point of origin and receive a refund; or a credit for future travel on IndiGo; or re-booking onto an alternative IndiGo flight at no additional cost subject to availability. Any compensation arising out of cancellation or delay of flights will be processed as per DGCA guideline outlined in Civil Aviation Requirement, Section - 3, Series M Part IV.