Flight Booking Disputes: Is the Airline or the Travel Portal Legally Liable for Your Loss?

In the era of instant digital bookings, securing a flight ticket in any part of India is a matter of a few clicks. However, the convenience of online travel portals often evaporates when a flight is abruptly canceled, overbooked, or found to be non-operational.

When passengers face financial loss or emotional distress, they are often caught in a jurisdictional tug-of-war. Understanding the legal accountability of each party is essential. If you are seeking a remedy, consulting with a specialized advocate in Kota like Prakhar Gupta can help you navigate these complexities and recover your dues.

Decoding the Booking Ecosystem: Roles and Duties

To determine who is at fault, we must first break down the responsibilities of the two primary entities involved in your journey.

The Role of the Operating Carrier (Airline)

The airline is the core service provider. Their legal obligations include:
  • Flight Operations: Ensuring the aircraft travels from point A to point B safely.
  • Regulatory Compliance: Adhering to safety and punctuality standards.
  • Direct Compensation: Providing mandatory refunds or alternative travel arrangements when flights are canceled or delayed.

The Role of the Online Travel Agency (Portal)

The portal acts as a digital intermediary. Their service responsibilities involve:
  • Information Accuracy: Displaying real-time fares and schedules.
  • Financial Intermediation: Collecting payments and facilitating the transfer of funds for refunds or rescheduling.
  • Transparency: Clearly communicating terms, conditions, and cancellation policies.

The Legal Pillars of Passenger Protection in India

1. The Consumer Protection Act
  • Under Indian law, both airlines and portals are "service providers." Any failure to deliver promised services—such as selling tickets for a canceled flight or withholding a refund—constitutes a deficiency in service, making them liable for damages.
2. DGCA Mandates
  • The Directorate General of Civil Aviation (DGCA) issues strict guidelines that protect consumer rights. These regulations ensure that airlines cannot simply shift the blame to portals when their operational failures breach passenger rights.
3. The Tripartite Contract
  • Every booking creates a three-way legal relationship:
  • Passenger & Airline (The contract of carriage)
  • Passenger & Portal (The contract of service)
  • Portal & Airline (The commercial agreement)

Determining Airline Fault: When the Carrier is Liable

The airline is held primarily responsible in the following instances:
  • Sudden Cancellations: If a flight is grounded for technical or commercial reasons, the airline must refund or reroute the passenger.
  • Overbooking Policies: If you are denied boarding despite having a valid PNR, the airline owes you compensation.
  • Unannounced Schedule Changes: Failing to notify passengers of significant timing shifts is a direct failure of the carrier.

Determining Portal Fault: When the Platform is Liable

A travel portal cannot escape liability by claiming to be a "mere intermediary" in these cases:
  • Selling "Ghost" Tickets: Facilitating bookings for flights that have already been pulled from the schedule.
  • Refund Withholding: If the airline has returned the money to the portal, but the portal fails to credit the passenger.
  • Hidden Terms: Failing to disclose crucial fare restrictions or cancellation penalties at the time of booking.

The Concept of "Joint and Several Liability"

Indian consumer courts increasingly apply the principle of Joint Liability. Since the passenger has no control over the internal commercial arrangements between the airline and the portal, both can be held responsible.
  • Legal Precedent: Courts often rule that if a loss is proven, both entities must compensate the consumer. They can settle their internal financial disputes later, but the consumer should not be left waiting.

Practical Action Plan for Affected Passengers

If you have suffered a loss due to a booking failure, follow these steps:
  • Preserve Your Paper Trail: Keep all PNR confirmations, payment receipts, and screenshots of flight status.
  • Submit Written Grievances: Contact both the airline and the portal via email to ensure there is a record of your complaint.
  • Legal Escalation: If the dispute remains unresolved, you can approach the Consumer Commission.
For residents of Rajasthan, engaging an advocate in Kota who understands consumer jurisprudence is vital. Prakhar Gupta specializes in representing passengers against large corporations, ensuring that claims for full refunds, interest, and compensation for mental agony are successfully pursued.

FAQs

1. Can I hold a travel portal responsible if they sold me a ticket for a flight that was already cancelled?

Yes. Under the Consumer Protection Act, selling tickets for non-operational or suspended flights is considered a deficiency in service and an unfair trade practice. While the airline is responsible for the flight, the portal is independently liable for misrepresenting availability and causing financial loss.

2. The airline claims they refunded the money to the travel portal, but I haven't received it. Whom should I sue?

In such cases, the travel portal is directly liable. Indian consumer jurisprudence suggests joint and several liability, meaning you can name both in your complaint. Courts have ruled that passengers should not be forced to mediate between the airline and the aggregator.

Advocate Prakhar Gupta | Advocate in Kota | Lawyer in Kota | Lawfirm in Kota Legal Disclaimer: The information provided in this article (and any related content) is for general educational and informational purposes only. It does not constitute legal advice, nor does it create an attorney-client relationship between the reader and the author or the firm. For specific legal queries or urgent advice regarding your rights and options, please consult with a qualified lawyer to ensure your interests are protected based on the most current laws and your specific situation.
Location: 291, Rajeev Gandhi Nagar, Instrumentation Limited Colony, Kota, Rajasthan 324005, India

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