Adult or Young: Travel portal to pay Rs 30,000 to family for ‘hassle’ over age category

A Delhi consumer commission has held American Express Banking Corp liable for deficiency in service after finding that a flaw in its travel booking portal led to three children facing boarding-related difficulties at the airport.

Directing the company to pay Rs 30,000 as compensation, the commission observed that the portal’s failure to provide a separate category for travellers aged 12 to 17 years left customers with no option but to classify a 15-year-old passenger as an “adult”, resulting in avoidable inconvenience and hardship.

President Monika A Srivastava and member Kiran Kaushal, while hearing a complaint filed by Gaurav Gupta, who sought a refund of the ticket amount and compensation from AirAsia and American Express, observed that the website offered only three passenger categories—infants, children and adults—and left customers with no option but to classify a 15-year-old passenger as an adult.

“In light of the discussion above, opposite party 3 (American Express Banking Corp) is found to be deficient in service and is directed to pay Rs 30,000 towards compensation for mental agony and hardship caused to the children and their parents. The said amount is to be paid within three months from the date of the order, failing which the opposite party shall be liable to pay the above-said stated amount with interest at the rate of 6 per cent per annum till realisation,” the June 24 order read.

The commission further observed that had the website or the ticketing interface included a separate category for ‘young travellers’ or an age bracket of 12–17 years, it would have saved the children and their parents a great deal of inconvenience and hassle.

Travel booking turns into boarding ordeal

The complainant claimed that he booked three air travel tickets by using the credit card of American Express India Pvt Ltd for an AirAsia flight from New Delhi to Pune on December 23, 2018, through the website ‘travelamericanexpress.co.in’. It was stated that the complainant filled the online application form along with the names of the passengers and other details required to be filled with the options available on the said website.

The complainant argued that because there was no separate category for passengers aged 12 to 17 years, users were effectively compelled to classify such travellers as adults. Accordingly, he booked tickets for three passengers, Ayana Shams Naved (9), Aanya Shams Naved (9), and Ahaana Shams Naved (15), using the categories available on the website.

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It was stated that the children arrived at the airport accompanied by their father, who is also the complainant’s brother-in-law. After ensuring that the passengers had entered the airport and cleared security checks, he left for a business meeting in Chandigarh. However, when the children reached the airline’s check-in counter, they were denied boarding because they were not accompanied by an adult above 18 years of age.

The complainant alleged that the children were left distressed and confused and that their father had to cancel his meeting and rush back to the airport. Only after he returned and signed a special undertaking were the children permitted to board the flight.

The complainant was represented by advocate Nitin Saini in the matter, who alleged deficiency on the part of the company and sought a refund of tickets and compensation for hardship and mental agony.

‘Airline not deficient in service’

The commission held that AirAsia was not deficient in service as it acted to keep the children safe and secure as per the policy of the airline. Under the airline’s rules, minor children could travel only if accompanied by an adult, while young travellers were required to travel subject to additional conditions, including a liability declaration.

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Finding the website of American Express faulty, the commission noted that since its website did not have any category for ‘ young children’, the complainant could not have disclosed that the third passenger accompanying two children was 15 years of age and not an adult.

American Express’s defence

The American Express was represented by advocate Randhir Singh, who argued that the websites of all travel booking portals have a fixed format of age category to offer, as every airline has a different set of rules.

It was added that, to avoid confusion, a basic standard age group category is adopted by all travel booking portals, and the inconvenience caused to the complainant was because of the lapse on his own end in not following the due procedure and policies of the said airlines.

Significance of ruling

The ruling highlights that online travel booking platforms may be held accountable when the design of their websites or booking interfaces fails to adequately communicate age-based travel requirements.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states or call the National Consumer Helpline at 1915 or 1800-11-4000 for assistance.