✈️ Flight Delays, Cancellations and Lost Baggage: Know Your Rights as a Passenger

Air travel is meant to save time and offer convenience, but delays, cancellations, or

lost baggage can quickly turn the experience into a nightmare. What many passengers

do not know is that they have legal rights under Indian law and international

conventions.

At Pairvii Legal, we are here to empower you with knowledge and support, so that

when airlines fail in their duty, you can confidently demand what is rightfully yours.

1. The Legal Framework

a) Domestic Law – DGCA Regulations

The Directorate General of Civil Aviation (DGCA) regulates civil aviation in India. It

has issued Civil Aviation Requirements (CAR), Section 3 – Air Transport, Series M,

Part IV under the Aircraft Act, 1934 and the Aircraft Rules, 1937.

These regulations specify in detail what airlines owe to passengers in cases of delay,

cancellation, or denied boarding.

b) International Law – Montreal Convention, 1999

India is a signatory to the Montreal Convention, 1999, which governs airline liability

in cases of baggage loss, delay, or damage. It applies to international flights and is

binding on airlines operating in India.

2. Flight Delays and Cancellations (DGCA Rules)

Delay over 2 hours → Meals and refreshments must be provided.

Delay over 24 hours → Hotel accommodation and airport transfers are mandatory.

Delay beyond 6 hours / flight cancelled → You can choose between a full refund

or an alternative flight at no extra cost.

Denied boarding due to overbooking → Compensation, alternative flight, or

refund, depending on your choice.

Refund timelines → Airlines must process refunds within 7 working days if the

ticket was booked directly with them, and within 30 working days if booked through

a travel agent or online portal.

3. Baggage Loss, Delay, or Damage (Montreal Convention)

Airlines are liable for baggage that is delayed, damaged, or lost.

Compensation can go up to 1,131 Special Drawing Rights (SDR), which usually

amounts to around ₹1.2 lakh, depending on exchange rates.

For damaged baggage → Claim must be filed within 7 days.

For delayed or lost baggage → Claim must be filed within 21 days.

4. What To Do in Such Situations

File a Property Irregularity Report (PIR) immediately at the airport.

Obtain written confirmation of the delay or cancellation from the airline.

Preserve all boarding passes, baggage tags, and receipts, including bills for essentials

purchased due to baggage delay.

Submit a written claim to the airline within the prescribed time frame.

5. If the Airline Denies Compensation

If the airline refuses to honor its obligations, you still have strong legal remedies:

File a complaint with DGCA through the AirSewa Portal/App.

Approach the Consumer Disputes Redressal Commission under the Consumer

Protection Act, 2019 for deficiency in service.

Pursue civil remedies or damages through legal proceedings, especially in cases of

gross negligence.

In international cases, initiate claims under the Montreal Convention in the

jurisdiction where the airline operates.

6. How to Avoid Future Trouble

Keep valuables and essentials in cabin baggage.

Label your luggage clearly with your name and contact details.

Take clear photographs of your baggage before check-in as proof.

Retain all documents and receipts throughout your journey.

Conclusion

Airlines cannot simply shrug off responsibility when passengers suffer due to delays,

cancellations, or baggage mishandling. As a passenger, you are not at the mercy of the

airline’s goodwill, you have enforceable legal rights.

Your compensation depends on the facts of your case - flight distance, delay hours, or

baggage loss. At Pairvii Legal, we help you assess your claim and secure what you

are rightfully owed.