The Bharatiya Vayuyan Adhiniyam, 2024 (BVA) was enacted to lay down a robust legal framework for air passenger rights within India. While the Act itself sets the foundation, the detailed entitlements for passengers are primarily conveyed through rules, charters, and notifications issued by the Directorate General of Civil Aviation (DGCA) and the Ministry of Civil Aviation. The regulations governing passenger rights are laid out in the DGCA Passenger Charter. These rules ensure that passengers are well-informed of their rights and are able to assert them when needed, especially in the context of delays, cancellations, and other travel disruptions. Below are the insights into the rights of passengers during a flight delay.
Where Are Passenger Rights Actually Detailed?
The passenger rights, like compensation for flight delays, baggage loss, overbooking, etc., are detailed in DGCA’s Civil Aviation Requirements (CAR).
What Are The Passenger Rights under the DGCA Passenger Charter?
A right under the charter is the right to information. Airlines must proactively inform passengers of their rights, sending them a direct link to the DGCA Passenger Charter via SMS or WhatsApp after a booking is made. Additionally, this information must be clearly visible on the airline’s website and tickets, ensuring transparency from the outset of the travel journey.
In the case of flight delays and cancellations, the passenger’s welfare is prioritized. For domestic flights, if there is a delay of over two hours, or for international flights, delays beyond four hours, airlines must provide passengers with complimentary meals and refreshments. In cases where the delay exceeds six hours, airlines are required to offer alternatives, including rebooking passengers on the next available flight, full refunds, or accommodation if the delay results in an overnight stay. Similarly, when cancellations occur within 24 hours to two weeks of the flight, passengers are entitled to an alternative flight or a full refund.
For those who experience denied boarding, the BVA mandates that airlines provide compensation if a passenger is properly ticketed but is not offered an alternative flight within an hour. Moreover, passengers whose baggage is lost are entitled to ₹3,000 per kilogram in compensation, while delayed or damaged baggage is compensated at ₹1,000 per kilogram. In a bid to make air travel more inclusive, the BVA also ensures that passengers with disabilities receive necessary assistance, such as wheelchair services, without any additional charges.
Are There Refunds and Compensation for Delays and Accidents?
The refund process is another important area where the BVA seeks to safeguard passenger’s interests. If airlines cancel a flight, the passenger is entitled to a full refund, which must be processed within seven days for credit card payments and 30 days for cash payments. Furthermore, in the unfortunate event of an accident during flight operations, the law stipulates a compensation of up to ₹20 lakh for death or injury, ensuring that passengers or their families are supported in the case of tragic incidents.
An essential aspect of air travel transparency is the display of fares. Airlines are required to display the total ticket price, with no hidden charges, ensuring passengers can make fully informed decisions.
How Are Passenger Rights Enforced?
To enforce these passenger rights, the BVA establishes a system of grievance redressal. Airlines are required to have mechanisms in place to handle complaints, and the two-tier appeals process ensures that unresolved issues can be escalated for timely resolution. Passengers can approach airline nodal officers, appellate authorities, or platforms such as the Air Sewa portal for grievance redressal. This layered approach is designed to ensure that passenger complaints are dealt with swiftly and efficiently, providing a sense of security to travelers.
Does BVA Protect Passenger Data and How?
In addition to passenger rights related to service delivery, the Bharatiya Vayuyan Adhiniyam also emphasizes the security of passenger data, especially with the introduction of the “Digi Yatra Biometric Boarding System” (DYBBS). This biometric system aims to streamline the boarding process while ensuring that personal data is protected. Built on the principle of privacy by design, the Digi Yatra system guarantees that passenger data is stored securely in a digital wallet on the passenger’s smartphone, making it a verifiable digital travel credential. This system is based on robust encryption standards, including end-to-end, peer-to-peer encryption, ensuring that all communication between airlines, airports, and immigration authorities is protected against unauthorized access.
The system puts passengers in control of their data. Passengers are required to give explicit consent before sharing their personal information, such as biometric data, with the airlines or other entities within the travel ecosystem. This control mechanism is central to the Digi Yatra system, ensuring that passengers can decide which data to share, with whom, and when. Furthermore, the system adheres to strict data minimization principles, meaning that only necessary information for air travel is collected, stored, and shared.
To further protect passenger privacy, data retention policies have been implemented. The biometric data collected is purged within 24 hours after the passenger’s flight departure, ensuring that there is no long-term storage of sensitive information. Travel data stored in airport systems can be retained for up to 30 days, primarily for audit or forensic purposes, but it is expected to be deleted afterwards, safeguarding against unauthorized access or misuse.
Conclusion
In conclusion, the Bharatiya Vayuyan Adhiniyam, 2024 (BVA) is a significant step forward in securing passenger rights and ensuring data security in India’s air travel industry. While the Act itself lays down the broad framework, the DGCA Passenger Charter and Ministry notifications provide detailed regulations that airlines must follow. From flight delays, cancellations, and denied boarding to baggage compensation and accident claims, the BVA seeks to make air travel more transparent, fair, and accessible. Moreover, the introduction of the Digi Yatra Biometric Boarding System represents a pioneering effort to secure passenger data while maintaining a seamless travel experience.
