- April 27, 2020
- Posted by: IAAI
- Category: International, News
Dear Travel Industry Colleagues and Partners,
Greetings from IAAI
As you all are aware, immediately after MoCA directed Airlines on 16th April to refund all tickets issued on or after 24th March, IAAI approached the regulatory authorities, Hon. Minister for Civil Aviation, Jt Secretary MoCA and DGCA on 18th and 19th April respectively and requested for a full refund of Air tickets issued before and after March 24 for the Flights cancelled due to Coronavirus Covid-19 pandemic situation. Also, our new initiative ” IAAI Air Passenger Rights Forum, ” is receiving numerous complaints from Passengers regarding the refund of Domestic and International Flights for tickets issued before and after 24th March.
On April 18, in our memorandum addressed to the Hon Minister for Civil Aviation, we pointed out that the MoCA order dated 16th April, directing Airlines to provide a full refund of the amount only to those Passengers who booked their tickets during the lockdown period and leaving out those who booked tickets before lockdown for the Fights cancelled due to the lockdown amounts to violation of Consumer Rights as well Fundamental Rights. Furthermore, IAAI earmarked the rationale to this, by stating that the question of anyone booking a ticket during the lockdown does not arise since Passenger Fights had already been cancelled, and this makes the Office Memorandum dated 16th April “ambiguous” and “devoid of any logic.”
Subsequent to our request to MoCA for an obligatory condition of a full refund for tickets issued for the journey after 3rd May in the event of Flights not operated, the Central Government reacted positively and instructed all Airlines to stop accepting bookings until further notice.
Meanwhile, we have coordinated with Adv Jose Abraham, President of the “Pravasi Legal Cell” at New Delhi, a registered NGO striving to provide legal aid to the voiceless individuals of the society, especially NRI’s, who had filed a Public Interest Writ (PIL) before the Hon. Supreme Court of India seeking orders to the Central Government and DGCA for a full refund of Air tickets issued before and after March 24 for the Flights cancelled due to Coronavirus Covid-19 pandemic situation. As both organizations are targeting and fighting for the same cause, IAAI filed an Application for Impleadment before the Hon. Supreme Court of India on 25th of April, as a party aggrieved by the regulatory lapses.
IAAI’s Application for Impleadment submitted by Biji Eapen – President IAAI, through Adv. Jose Abraham – Advocate on Record of the Supreme Court and President of Pravasi Legal Cell, seeks orders to the Central Government and Directorate General of Civil Aviation (DGCA) for appropriate directions to Airlines for a full refund of all tickets issued before and after March 24 for the Flights that were supposed to operate and cancelled due to Coronavirus COVID-19 advisories and lockdown.
Also, the Application seeks direction to instruct all Airlines to accept bookings and issue tickets for travel beyond the date stipulated by the Ministry of Civil Aviation with an obligatory condition of a full refund for tickets, in the event of Flights not operated, until Government of India officially lift the ban on operation of all Domestic and International Flights.
Recent media reports state that Aviation companies are estimated to be holding approximately Rs.6,000 Crore from refund payment to Indian Passengers since COVID-19 Travel Shutdown, which is a blatant violation of Consumer Rights, as Airlines are holding the hard-earned money of Passengers for unutilized services. Airline Companies, instead of showing humanitarian virtues, is rather seeing these challenging times as an opportunity to extract unlawful gains from the Passengers who are already in misery due to uncertainties, and the present policy is extremely harsh on the ordinary passengers, who booked tickets in advance for travel.
IAAI further called the attention of MoCA & DGCA to the latest Enforcement Notice issued by U.S. Department of Transportation clarifying in the context of the Novel Coronavirus (COVID-19) public health emergency that, the U.S. and foreign Airlines remain obligated to provide a prompt refund to Passengers for Flights to, within, or from the United States when the carrier cancels the Passenger’s scheduled Flight and also the related statement issued by European Union, saying EU Law requires reimbursements to be made within seven days.
IAAI National Committee along with the Experts Panel Member of IAAI’s new initiative “Air Passenger Rights Forum”, Adv Ajith Marath (Former Member of IATA – APJC Gulf Area ) assure our membership that, your Trade Association IAAI is here to help you through this crisis and let’s all unite together and work for the advantage of Travel & Tourism Industry for post-COVID -19, by founding eminence and stand with Travel Agents as well Travelling Public in India to endeavour all possible efforts to guard the wellbeing of Travel & Tourism Industry, at all times.
Please Stay at Home, Stay Healthy and be Positive, We Shall Overcome!!!
With warm regards,
IATA Agents Association of India ( IAAI ) Director Board
