Tips to travel safe
People should know their rights as consumers while travelling
Sheetal Kapoor

After booking a cruise or making the payment, consumers are told about hidden charges

To make our travel enjoyable one should not only be careful about small things but also know our rights as consumers. Section 2(1) (o) of the Consumer Protection Act includes in its scope the provision of facilities related to travel and transport. Here are some cases and the judgment of the consumer courts.

Cruise vacations

Unscrupulous travel promoters attempt to cheat people with the promise of free travel or huge discounts. When you get an unsolicited call saying that you have won a free trip, investigate thoroughly.

Common complaints on discount offers

Hidden fees: After booking a cruise or making the down payment, you are told about hidden charges such as port fees, taxes, registration fees, or service charges or other surcharges.

Difference in promised amenities: At times the cruise ship lacks the features that were promised.

No free rides: Sometimes the promoters of "a free cruise" ask you to pay extra fees immediately and that too through credit card.

How to protect ourselves

Cruise offers which come through unsolicited calls or by spam mails are likely to be fraudulent.

• Don’t be afraid to say "no". Don’t let them pressure you.

• Whenever possible, purchase cruise services from genuine agencies.

• If you are pressurised to make a quick decision, chances of fraud are more.

• Insist on a complete written description. Investigate the ship.

• Check out similar tour packages with other agencies.

• If you are in doubt; pay by credit card.

• If you encounter problems during the cruise, complain at that time. If you complain after the cruise, you will be in a much weaker position to claim refunds or legal assistance once the cruise is over.

Overbooked flights

Harpreet Singh filed a complaint with the District Consumer Forum. Despite having a confirmed Air India ticket issued by the travel agent he was denied boarding. The district forum held that there was deficiency in service and awarded Rs 15,000 as compensation and also awarded Rs 4,000 as travel expenses. A sum of Rs 1,000 was also awarded as litigation costs to the complainant. Both the Air India and the travel agent filed separate appeals in the State Commission, Chandigarh. Both these appeals were dismissed by the State Commission with a cost of Rs 250 each.

Air India further filed an appeal at the National Commission in its petition under Section 2(1)(b) of the Consumer Protection Act, 1986. Two points raised were — (1) the travel agent was not an agent of Air India thought he was agent of IATA (International Air Transport Association) and (2) ticket was not re-confirmed by the passenger. Both these points are without substance. Ticket was purchased on 23.2.1999 and Harpreet Singh was to take the flight on 25.2.1999, within 72 hours of purchase of the confirmed ticket. There was no question of any re-confirmation when travel agent had issued a ticket with confirmed status. Thus, the National Commission dismissed the revised petition of Air India and held it guilty for deficiency in service.

The next time an airline says that it has no seats, though you have a confirmed ticket and have reported to the airport in time, you can file a claim for compensation. The Director General of Civil Aviation has stipulated that a passenger who has been denied boarding is entitled to Rs 5,000 for flights of 1,500 km or less or Rs 8,000 for longer domestic flights. Similarly, a passenger flying over 3,5000 km outside India will be entitled to Rs 12,000.

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