06.12.16 125 379 0
What to do if your flight is delayed or your luggage goes missing
Ivan and Masha are newlyweds. There is a honeymoon trip to Paris ahead.
This is their first flight and first trip abroad. In the wedding bustle, they managed to buy tickets, but did not read anything about how to behave at the airport. This is what came out of it.
Andrey Eres
goes on business trips every month
Flight was delayed
The flight was delayed in Moscow for 7 hours. During this time, Ivan and Masha bought 2 bottles of water from the vending machine and had dinner in a cafe. It cost 1800 RUR and they wasted that money. You could get everything from the airline.
If the crew did not have time to prepare the board or there was an error in the schedule, the flight was delayed due to the fault of the airline. For this, she compensates passengers for the inconvenience with money.
If a plane doesn't take off due to bad weather, it's not the airline's fault. In this case, there is no need to demand compensation.
To receive compensation, you need to confirm your flight delay. To do this, mark the delay with airline representatives or at the information desk. It is more convenient to do this at the airport of arrival: you will not have to check the box several times if the flight is delayed again.
If you wait for a long time, you are entitled to drinks, food and accommodation for the night. Check this with airline representatives. If you are denied service, draw up a free form protocol with other passengers. Buy what you need yourself and keep the receipts - then attach them to your claim.
If you decide not to fly due to a delay, the airline will refund your ticket. Russian - for any delay, European - for a delay of more than 5 hours.
The same rules apply for a canceled flight.
How to get money for a delay
After your trip, contact the airline and ask for compensation. We will tell you exactly how to do this and how much you are owed in a separate article.
You missed your connecting flight
Ivan and Masha planned the transfer themselves and bought tickets on different airlines. From Moscow to Berlin - “Es-7”, from Berlin to Paris - “Air Berlin”. Due to the delay, they missed their next flight. They had to buy new tickets for 160 € (12,276 RUR).
The entire route must be on one ticket, even if it consists of flights from different airlines. In this case, the airline is responsible for ensuring that the passenger reaches the end of the route. If you connected your flights yourself, the airline will not reimburse the cost of the ticket.
Buy all flights in one ticket
How to get a new ticket
At the transfer point, go to the counter of the airline that delayed the first flight. Explain what happened. The airline has entered into a contract of carriage with you, which means it must deliver you to the end of the route. Airline staff will transfer you to the next plane.
If you wait more than 2 hours for the next flight, the airline must give you something to drink, feed, and take you to a hotel. Passengers' rights are the same as in case of flight delay. If service is refused, draw up a protocol and collect receipts. Then you will demand compensation.
Ivan and Masha did not have to pay for new tickets.
Baggage was damaged or lost
In Paris, Ivan and Masha did not find one suitcase on the luggage belt. Luckily, the suitcase was intended for souvenirs and purchases, so it flew empty. The newlyweds were tired of the long flight and decided not to deal with the loss. We bought a new suitcase in Paris for 30 € (2301 RUR).
If your luggage has not arrived, go to the baggage tracing department - “Lost-n-found”. A specialist will draw up a report for lost luggage and check where it is.
If your luggage was not loaded onto the plane, it will arrive on the next flight. You can return for it yourself or leave your address, then the courier will deliver the luggage.
If luggage was sent to another airport or lost, the airline must find it and deliver it to the passenger. 21 days are allotted for the search. After this period, the baggage is considered lost and the airline must pay compensation for it.
If you arrived from abroad, fill out a declaration for missing luggage at customs. Give a copy to the airline representative. This is how the airline will deliver your luggage to your home. Otherwise - only to the airport of arrival in Russia, and upon receipt you will have to pay customs duty - 4 € (306 RUR) per kg.
How to get money for lost luggage
Notify airline representatives if essential items such as money, warm clothes, medicine or baby food are left in lost luggage. Usually the airline meets halfway and pays for the purchase of these items and transfer to the hotel. In some cases, they can give cash, but not more than $100 (6689 RUR).
To receive compensation, fill out an application on the airline's website. If there is no such form on the website, make a free-form claim and give it to an airline representative or send it by mail. Please include a lost baggage report, boarding pass and baggage tag with your claim.
For lost luggage, the Russian airline pays 600 rubles per 1 kg of luggage on domestic flights, and 20 $ (1337 RUR) on external flights. European - about 1200 € (92,070 RUR) per bag.
If the bag is damaged, the airline will pay for repairs or the cost of the bag. To do this, they will ask for a receipt from a workshop or store, so keep your receipts. Claims for damaged luggage must be submitted within seven days of arrival.
For lost luggage, Ivan and Masha could receive 1200 € - or 92070 RUR.
How insurance can help
Add the “Trip Cancellation” option to your insurance policy. Then the insurance company will compensate for the fine for returning a ticket, hotel reservation or burned-out voucher.
Some insurance companies will compensate for flight delay costs. Some return money for meals, telephone calls and hotels. Others pay for the delay time. For example, “Consent” pays 25 € (1918 RUR) for each hour after 6 hours of delay, but not more than 300 € (23 017 RUR). This insurance is more profitable: food and hotel will be provided to passengers by the airline.
Conditions for flight delay insurance on the Soglasiya website
For 7 hours of waiting, Ivan and Masha could receive 25 € - or 1918 RUR - from insurance.
The additional option “Insurance against lost luggage” will help compensate for the cost of a missing suitcase: the insurance company will pay a fixed amount for each kilogram or for the suitcase as a whole. Some insurance companies will cover expenses for essential items. For example, Tinkoff Insurance pays 40 € (3069 RUR) per kilogram of luggage and 50 € (3836 RUR) for emergency needs.
Sometimes insurance companies reduce the amount of compensation: they deduct the money paid to the tourist by the airline. Check the rules in the insurance contract.
For a lost bag weighing 5 kg, Ivan and Masha could receive 200 € from insurance - about 15,345 RUR.
Remember
- Connecting flights must be on the same ticket.
- If your flight is delayed, find out why.
- After a two-hour delay, ask the airline when food and drinks will be available.
- Keep receipts for food and hotel if the airline refuses assistance.
- Check the flight delay box at your arrival airport.
- File a report for lost luggage at the Lost and Found department.
- Include additional options for flight delays and lost luggage in your insurance.
Hi all. Flight delays are quite common, especially recently. And, unfortunately, none of us are immune from it. According to statistics, up to 70% of flights in Russia are delayed. It may be delayed for various reasons: aircraft malfunction, bad weather conditions, delay on the previous flight, etc. How should passengers behave in such a situation? This is what we will talk about.
In this article:
Services that the airline is required to provide
Anyone experiencing a flight delay is entitled to certain services from the airline they are flying on. I don’t argue that sometimes they don’t behave very nicely and try in every possible way to avoid providing these services. This happens especially often in Russia. But you definitely need to know about your rights if you find yourself in such a situation.
1. Information
First of all, every passenger has the right to be provided with complete and most reliable information about the reasons for the delay or cancellation of the flight. Sometimes it happens that airline employees do not notify their passengers about the reasons and generally avoid contact with them in every possible way.
Why? Because if the flight was delayed due to the fault of the airline (and not due to weather conditions), each passenger has the right to demand monetary compensation for each hour of delay. But to do this, your ticket must have a mark that officially proves that there was a delay - I will tell you more about this below. Without this mark, you cannot count on any compensation.
2. Conditions for children
Waiting for a long time at the airport is quite painful, and even more so for a small child. That is why: a passenger with a child under seven years old is provided with a mother and child room. And this does not depend on the flight delay time. According to regulations, such rooms must be at every airport.
3. Luggage storage
In addition, the airline is obliged organize luggage storage in a storage room at your own expense, if necessary. So if you have too much luggage that you don’t want to spend time with, you can safely contact your airline’s staff.
All other compensation depends on the duration of the flight delay. So what are you entitled to under certain waiting times?
4. Communications and drinks
If your flight is delayed by more than 2 hours, you have the right to:
— make 2 phone calls or send 2 emails;
- get refreshments.
5. Hot meals
If your flight is delayed by more than 4 hours, you have the right to:
- get a hot meal. In addition, you have the right to receive it again every 6 hours during the day or 8 hours at night.
6. Hotel
If there is a delay of more than 6 hours at night and 8 hours during the day, you have the right to:
- get hotel accommodation. In addition, you should be transported to the hotel and back free of charge.
The above services are provided absolutely free of charge. They are established at the legislative level in a voluminous document entitled: “Order of the Ministry of Transport of the Russian Federation dated June 28, 2007 No. 82, Moscow.” Therefore, do not be afraid to demand what is rightfully due to you.
How are services actually provided?
Sometimes it happens that passengers find themselves abandoned in the airport building. Employees avoid communicating with them, do not provide full information about the reasons for the flight delay, refuse to provide services and do not want to mark the flight delay on their tickets. Here, the passengers themselves have to take the initiative and try to find contact with airline representatives.
In addition, I would like to draw your attention to the fact that you should not expect much from everything free, especially in Russia. And we have seen this from our own experience.
When our flight to Sheremetyevo was delayed for 3 hours, we were told that we could go to the designated place and receive coupons for soft drinks. When receiving coupons, we specifically clarified what drinks we could count on. We were assured that this list includes juices, sodas and just water. It sounded quite promising until we were given a choice: water with or without sparkling water.
I don’t know how things are with the provision of hot meals at Russian airports. But if the situation is similar, then I think that you can easily remain hungry. In contrast to this, in Frankfurt airport we were given coupons with a face value of 20 euros each. For this amount, even at the airport you can eat several times together.
But I'm not saying that airlines always don't want to take care of their customers. And if your flight is delayed, you will have to get what you are entitled to by law. I don't want to make anyone aggressive. Many airlines care about their customers and do everything they can to help. When our flight was delayed in Frankfurt, they not only provided us with food, but also took care of boarding us on another connecting flight. Since we didn’t catch our flight in time.
That evening, so that we would not have to spend the night at Pulkovo airport, the next flight was delayed by an hour. In addition, during the transfer, a company man met us, helped us quickly get our luggage, and put us in a minibus waiting for us to the other terminal. And when checking in for the flight, we were skipped in line. Therefore, I say a big thank you to Russia Airlines for taking care of delivery home so quickly.
Naturally, if the next flight was with another airline, we would not have been provided with such prompt assistance. And if you were late for the next flight, the Russian airline would not bear any responsibility. Therefore, if you are flying with a transfer, it is better to fly with the same airline.
Financial compensation
If weather conditions have nothing to do with it, and the flight was delayed due to the fault of the airline, then you have every right to receive monetary compensation. Its size will depend on the flight delay time. In order to receive it, you need to have a mark (stamp with signatures) on your ticket about the flight delay; ask for it from an employee of your airline. Then, upon returning home, you need to write a claim to the airline. You can watch a short video where I show how to find contacts for filing claims.
You can download a sample claim here: https://yadi.sk/d/lmE24XiZa2xAG .
If an airline refuses to take care of its customers and provide the services they are entitled to by law, be sure to keep all receipts and receipts for payment for hotel and meals.
It is better to send the claim and copies of all receipts by registered mail with notification, then you will have confirmation in your hands that the air carrier has received your claim. Then he definitely won’t get away with it, he will have to answer it. If there is no reaction, you can safely go to court: all the evidence will be in your hands.
If a flight is delayed, passengers who have purchased a ticket have plenty of rights: obtaining information, comfortable conditions, food, hotels and compensation. Don’t forget about them, be sure to use them, and your flight delay will be as comfortable as possible. Be sure to read What to do if your luggage is lost? And that’s all for me, bye everyone!
Flight delay compensation
If your flight is delayed, you should know the following basic rights and actions:
1. Passengers on charter and scheduled flights have the same rights. The carrier is equally liable to the passenger for the delay of both a charter and a regular flight.
2. You have the right to reliable and accurate information. Contact a representative of the airline operating the flight (most carriers have representative offices or designated counters at almost all major Russian airports) or, if you are flying from a small airport where there is no official airline representative, the airport information desk. In any case, they must explain to you why and how much the flight departure is delayed.
If the responsible persons of the air carrier or airport refuse to understand you, then you can remind them that in accordance with the requirements of paragraph 72 of the Federal Aviation Regulations “General rules for the air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees”, approved by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82 (hereinafter referred to as FAP), regular flights are operated in accordance with the aircraft schedule generated by the carrier and published in the computer database of aircraft schedules, and charter flights - in accordance with the charter flight plan (schedule) .
At the same time, paragraph 73 of the FAR defines the information requirements for each regular flight, which the published aircraft schedule must meet. In the event of a change in the aircraft schedule, the carrier must take possible measures to inform passengers with whom an air transportation agreement has been concluded about the change in the aircraft schedule in any available way (clause 74 of the FAP).
Information about the delay or cancellation of the flight, as well as the reasons for the delay or cancellation of the flight, is communicated to passengers by the carrier or the organization carrying out airport activities (service organization) directly at the airport in visual and/or acoustic form (clause 92 of the FAP).
3. You have the right to request that a representative of the airline or employees of the airport of departure/destination put a note on the ticket about the flight delay. It is necessary if you later write a claim to the carrier or sue him. Ask the airline/airport representative to write down the exact time of the actual departure by hand and certify with a stamp (this can be done upon boarding or re-check-in - this is carried out in cases where tourists were accommodated in a hotel during a flight delay).
4. In case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99. FAP, is obliged to organize the following services for passengers free of charge:
1) provide a mother and child room to a passenger with a child under 7 years of age;
2) organize luggage storage.
4.1. If the flight delay is more than two hours:
1) 2 phone calls or 2 emails;
2) soft drinks.
4.2. If the flight delay is more than four hours:
1) hot meals; At the same time, they should feed hot food every 6 hours during the day and every 8 hours at night.
4.3. If the flight delay is more than six hours:
1) accommodation in a hotel (if waiting for departure more than 6 hours at night and more than 8 hours during the day);
2) organize delivery by transport from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee.
It is customary to accommodate passengers in the hotels closest to the airport. You do not have the right to be placed in a double room with strangers. If the conditions are not at all satisfactory, you have the right to choose a hotel yourself and wait for departure there, having previously agreed with airport representatives that you will be notified of the departure time. In this case, pay for the room yourself. And after returning home (or arriving at the resort), you will need to write an official request to the main office of the airline demanding a refund of part of the amount spent.
5. If the airline, in order to reduce the time of delay to a minimum and possible claims to zero, sends you on a different route or flight of another company, then this must be carried out exclusively at the expense of the airline or the airport, there can be no talk of any additional payments in this case .
6. If, due to a flight delay, your trip has become shorter, you have the right to demand a refund from the tour operator for all paid but unused services: a night in a hotel, a missed excursion, etc. As a rule, claims are made after returning from vacation. At the same time, one must keep in mind that tour operators willingly offer compensation right on the spot: an additional excursion, full board instead of breakfast, etc.
7. In accordance with the provisions of Article 120 of the Air Code of the Russian Federation, for delay in delivering a passenger to the destination, the carrier must pay a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage charge.
Tourists should take into account that a fine cannot be collected if the change in flight departure time was due to force majeure, the elimination of an aircraft malfunction that threatens the life or health of the aircraft's passengers, or other circumstances beyond the control of the carrier.
According to the provisions of paragraph 3 of Article 401 of the Civil Code, circumstances of force majeure do not include violation of obligations on the part of the debtor's counterparties, the absence on the market of goods necessary for fulfillment, the debtor's lack of necessary funds (for example, to pay for fuel), and the carrier has the right to cancel or delay the flight specified on the ticket, change the type of aircraft, change the transportation route only if required by flight safety and/or aviation security conditions, as well as at the request of government authorities in accordance with their competence.
To receive compensation, you must submit a claim to the airline, attaching copies of documents confirming your right to compensation. According to the provisions of Article 126 of the Air Code, a passenger has the right to file a claim against the carrier (the application can be submitted in person or sent by registered mail) within 6 months from the date of arrival - at the airline representative office at the airport of destination or departure. The carrier company is obliged to consider your claim within 30 days.
If the appeal was ignored or the culprits refused to compensate your expenses, you have the right to sue them. Claims against the carrier in accordance with the relevant rule on exclusive jurisdiction contained in Part 3 of Article 30 of the Civil Procedure Code of the Russian Federation are brought to the court at the location of the carrier against which the claim was filed in the prescribed manner.
The statement of claim to the court will need to include copies of the air ticket with a note about the flight delay (cancellation), invoices for the expenses you incurred (for example, for hotel, meals, telephone calls), as well as your written claim to the carrier and the response of its representatives.
8. The fact of cancellation or delay of a flight due to the fault of the carrier, as well as failure by it to fulfill the duties assigned to it in accordance with paragraph 99. FAP for the appropriate service of passengers may, in the event of a culpable interruption in transportation, be grounds for passengers to present to the carrier a claim for compensation for moral damage due to the infliction of the corresponding physical and moral suffering (based on Article 15 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”). The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.
A representative of the AirHelp service, which helps obtain compensation for lost time at the airport, told The Village how passengers can fight for their rights.
According to statistics from our service, since 2013 in Russia, 316,112 passengers have been affected by delayed or canceled flights. Each of them can receive compensation of up to 600 euros. But 1% of them take advantage of this opportunity.
In most cases, air carriers do not inform passengers of their rights in the event of problems with their flight.
And passengers do not have the experience and time to seek compensation for troubles along the way. Here's what's important to know in case of problems with departure.
What can the airline offer?
Passengers should be aware of the reasons and timing of flight delays. You can try to get this information at the airline counter or on the website.
If you are at the airport and the flight is canceled due to the fault of the airline, then the options are as follows:
Alternative flight at the earliest opportunity;
Rebooking for another convenient date;
Refund of ticket price within a week.
For these options, you must contact the airline counter. If you don't find one, call the carrier's office. In this case, you do not have to pay anything. All costs are borne by the carrier whose ticket you purchased.
What you must provide
in an Aeroport?
According to Russian law, if your flight is delayed by two hours, you must be provided with drinks and cold snacks, and the opportunity to make two phone calls or send two emails. Children and their accompanying persons must be provided with a mother and child room.
After a four-hour flight delay, hot meals must be provided. In Europe, in this case, vouchers are issued to visit a catering outlet. In Russia, they most often do the same: they issue food vouchers to one of the airport restaurants or cafes.
After eight hours of waiting during the day or six hours of waiting at night, a hotel must be provided. Passengers are transported free of charge to their accommodation and back to the airport. In this case, the carrier must take care of your luggage and organize its storage.
Where to sleep?
The law does not allow unauthorized passengers to share the same room. If the accommodation conditions do not suit you, rent a hotel yourself, while keeping receipts for compensation.
Of course, you shouldn’t relax - you shouldn’t count on a refund for a premium room and dinner with expensive wine and seafood. It is best to choose the hotel closest to the airport and eat at an inexpensive restaurant nearby. The court immediately satisfies such expenses.
What compensation should I expect?
The amount of compensation for flight delays depends on what legislation the flight falls under. Thus, Aeroflot flights Moscow - Berlin and Berlin - Moscow will be considered from different points of view.
Europe
Substantial compensation of up to 600 euros is due if the flight is subject to EU regulation 261/2004. This document applies to flights within the European Union, departures from EU airports and from Iceland, Norway, Switzerland, as well as flights of European carriers arriving at EU airports. If a European airline flies from America or Asia to Europe, then this is also assessed under European law.
Compensation can be claimed for a flight delay of three hours or more, denial of boarding, delay or cancellation of flight for technical reasons, due to the fault of the airline. The statute of limitations for a claim for reimbursement ranges from three to six years, depending on the laws of the countries under which the air carrier falls. Compensation is not provided in cases of terrorist attacks, strikes and bad weather. But there are also exceptions. For example, in 2016, Air France accepted claims for compensation for a strike by its employees. The amount of compensation ranged from 250 to 600 euros. The total amount always depends on the flight distance, the reason for the flight cancellation and the duration of the delay.
Russia
If you have problems with a domestic flight or a Russian airline has delayed your flight abroad, the amount of compensation will be insignificant. The passenger is required to pay a penalty of 25% of the minimum wage per hour of delay, but not more than 50% of the transportation fee. Now it’s 25 rubles for every hour of waiting.
Compensation is not provided by law for flight cancellations and delays. American carriers pay it only if they deny a passenger boarding due to overbooking.
In this case, double the price of a one-way ticket is paid if passengers end up arriving two hours later than the original flight. The maximum compensation in this case is $650. If the company failed to meet this two-hour period, then compensation can be four times the cost of the ticket, up to $1,300. According to AirHelp statistics, 26 million air passengers in the United States can count on such compensation, but only 2% received it.
Asia
If we talk about Asia, compensation is minimal, and often there is simply no compensation. For example, if a flight is delayed or canceled due to the fault of China Eastern Airlines, this airline will simply provide flight information, provide meals and provide the necessary assistance. But if the flight is delayed through no fault of the carrier, then passengers will have to buy food at the airport at their own expense.
For a 20-hour delay due to the airline's fault, Korean Air apologized to passengers with all its staff, including the regional director, issued preferential coupons for flights next time, and compensated for hotel expenses, but no monetary compensation was expected.
But no matter what country you are in, be sure to keep your boarding pass in case your flight is delayed or cancelled!
How to receive this compensation?
To receive compensation, you must submit either a written, signed application or an online application to the airline. Different airlines have different requirements. Usually you need to attach copies of your boarding passes and passport.
Consideration of an application takes on average more than three months. You can also try to get a refund using online services. For example, on our website you can check for free whether your flight is eligible for compensation, upload the necessary documents and submit an application.
The airline may accept the claim and pay immediately. If this does not happen, but you intend to fight to the end, you will have to go to court.
If an airline has canceled or rescheduled a flight, the first encounter with this situation causes panic. Especially when this happens with a transfer flight (intermediate flight with a transfer), implying a specific arrival time. However, an airplane ticket is a type of agreement with an airline that confirms a list of the carrier’s responsibilities.
These include:
- delivery of the passenger to the agreed place and time;
- taking care of clients in case of violation of their interests.
Knowing the nuances will allow you to navigate an unplanned situation, as well as solve the problem of flight delays or cancellations in the most effective way.
Reasons for flight cancellations
When a flight is invalidated, the carrier is not always at fault for the cancellation. Before making a claim for compensation for cancellation, the organization's office should find out the reason for such a decision.
The airline is guilty in cases where the cancellation of the flight is associated with:
- with inconsistencies in the schedule;
- with the aircraft not being prepared for the flight or cleaning being delayed before departure;
- failure of a passenger to check in due to overbooking: this happens when the number of tickets sold exceeds the actual number of seats;
- lack of benefit for the enterprise;
- the impossibility of providing evidence proving a satisfactory reason for canceling the flight.
The carrier is not at fault if the incident was influenced by:
- weather;
- natural disasters;
- military actions;
- transition of the state to martial law;
- introducing a ban or restriction on certain transportation routes;
- airline workers strike;
- damage to the aircraft that threatens the lives of customers.
If the departure was canceled due to unsatisfactory weather conditions, the action algorithm includes the following steps:
- Before leaving for the airport, check that the flight will take place. This option is available in the online display on the airport website.
- Make every effort to arrive without delay. In situations where there is the greatest amount of traffic congestion, use the subway.
- Complete the registration procedure on the website owned by the air carrier. This precaution will provide a reserve of time, which will be very helpful if there is a delay on the way to the airport. By default, you need to arrive for the check-in procedure at least one and a half hours before your scheduled departure. If a printed boarding pass is present, the time limit will be reduced to 40 minutes.
Flight cancellation due to the airline's fault
When the company does not have evidence that the cancellation of the flight was influenced by unforeseen circumstances, the passenger has the right to claim a payment in the amount of 3% of the ticket price. The rate is calculated for every 60 minutes spent waiting.
The amount of compensation is specified in Art. 28 of Russian legislation regulating consumer rights (Article 5). Higher amounts are not provided in case of flight cancellation, however, the buyer is required to return the amount of money spent on the ticket or exchange the ticket for an alternative one available from the carrier.
Airline liability in the Russian Federation
The regulations established by the legislation of the Russian Federation apply equally to all companies that carry out air transportation of citizens. This does not depend on the name of the company.
Exempt from liability under Art. 794 Civil Code of an aviation organization in the following cases:
- Natural Disasters.
- Changes in the living conditions of society (epidemic outbreak or military operations).
- Start of strikes (industrial or national).
- Introduction by the state of restrictions on flights to certain destinations.
- Removal or postponement of boarding time due to a defect in the aircraft, if this poses a threat to the health of clients.
Important! In most cases, airline companies cite these reasons, since in this case the carrier’s liability is minimal. Make sure the information provided is accurate.
Airline liability in the EU
Like Russian air hubs, European air terminals are not responsible for cancellation or delay of a flight due to extraordinary circumstances, if they were unavoidable even if all permissible measures were taken.
When the situation is related to overbooking (violation on the part of the carrier), inconsistencies in the compiled schedule and other internal processes, the culprit is the airline company. The actions and rights of companies providing air travel services, as well as their passengers, are regulated by Parliament Resolution 231.
The algorithm that should be followed if the departure time at a European airport is late is similar to the occurrence of such a situation in the Russian Federation. The proposed alternative would be another flight, or rescheduling the landing to a later date.
At this time, the passenger must provide:
- food and drink (within reason);
- hotel room (if delayed for 1 or more nights);
- delivery from the airport to your place of residence;
- 2 phone calls, fax and email.
Attention! Airline employees must inform clients about the algorithm of actions provided for a particular situation. If a force majeure event occurred and the company was unable to influence the course of events, the passenger is required to return the money spent on the purchase of the ticket, since the service was not provided. Please indicate on your ticket that the flight was delayed or cancelled.
It would be useful to take a photo of the board, where information about the cancellation of the flight or its delay is clearly visible. This will simplify the procedure for returning funds and receiving compensation payments. When faced with overbooking, the carrier must offer a voluntary cancellation of the flight to all customers who do not have enough seats. They are entitled to compensation in the amount of 250 to 600 euros. The amount depends on the flight distance.
If the required number of volunteers is not available, the buyer will be forcibly removed from the flight and the full amount spent on the ticket will be returned to him.
If the cancellation occurred several days before
During the call, the airline employee will offer a replacement flight option, which can be carried out by the original carrier or a third party. An alternative flight may be scheduled for a different date, and a connecting flight will be used instead of a direct route.
Attention! If you are not satisfied with the offer, the money spent will be returned in full. This condition is dictated by Order 82 of the Ministry of Transport. There are separate nuances for connecting types of flights.
An example is the situation of canceling a flight to a transfer point. Only part of the money will be returned, since the service was not half provided. The second tickets are handed over by clients independently in accordance with the general rules. If it is impossible to depart from a connecting airport, transportation is considered fundamentally unfeasible, so the passenger will receive a full refund.
If the cancellation occurred on the day of departure
If upon arrival at the airport you see a notice on the board that your flight has been cancelled, contact the airline counter immediately. They will offer another flight option a few hours later or refund the money spent on purchasing the ticket.
Important! If you are given the choice of another type of departure, resolve the issue immediately, since there may be no seats left due to reservations by other passengers who also arrived to board the canceled flight.
For those customers who agree to wait for the next plane, there are a number of advantages. If you have to wait more than 2 hours, you can count on the following:
- Separate room for mother and child under 7 years old.
- Two emails or phone calls sent.
For a wait of 4 hours, passengers have the right to receive hot food at intervals of 6 hours during the day and 8 hours at night. If the boarding procedure is delayed by more than 8 hours during the day and at night - from 6 hours, the list of privileges includes:
- accommodation in a hotel room at the expense of the airline;
- delivery to the hotel by airport vehicles and back (when the provision of accommodation is not burdened with additional payment);
- free storage of personal luggage.
Attention! Be sure to notify the company representative about the flight delay or cancellation. After going through passport control, you can find it near the gate that is reserved for boarding your plane.
What compensation can you expect?
You can apply for compensation only if the company does not have evidence of its non-involvement in the occurrence of a force majeure situation.
In the Russian Federation
The law regulating the protection of consumer interests obliges airlines to compensate passengers for each hour of waiting for a flight in the amount of 3% of the ticket price (Article 28, paragraph 5). The maximum payment amount does not exceed ½ the cost of the boarding pass. This is dictated by the Air Code (Article 120).
In the European Union zone
In the EU, the amount of payments is specified in the resolution of the Parliament and the Consulate. The rules are specified in Regulation No. 261. They are the same for all organizations providing air transportation services. This does not depend on the place of registration of the enterprise, since all flights over the EU zone, flights into the territory or departures from EU air hubs in any direction are included in the list of the regulation.
Payments are provided for all passengers, citizens of any country. The amount of compensation is related to the length of the flight in kilometers and the period of inconsistency with the agreed schedule.
For European airports, compensation payment rates are shown in the table below.
Important! If you were warned about cancellation in advance (at least 14 days), then you do not have the right to receive payment. In case of shorter periods, compensation is paid depending on the time for which the flight was delayed and the flight distance.
Reimbursement upon notification from 7 to 13 days before the scheduled departure and the offer of an alternative.
In case of warning within seven days or earlier.
IN THE USA
If the situation occurs in the United States, then food, calls or drinks to the affected passengers are not a prerequisite, since there is no such information in the legislation. However, it all depends on the policies of the individual company.
American laws do not provide for compensation even for long delays. Most carriers will exchange the flight for an alternative one (or help with the flight using a third-party aircraft). If the cost of a new ticket is higher, you will have to pay the difference from your own funds. Money can be returned or compensation paid only in case of overbooking.
List of documents for receiving payments
Cash compensation is issued upon provision of:
- flight information (number, route and time);
- reservation numbers (mandatory for most air carriers);
- boarding pass;
- letter confirming the reservation;
- ticket
Receipt options
The algorithm for receiving compensation yourself consists of several steps:
- Submitting a claim in English.
- Attachment of evidence and supporting documentation.
- Sending a complaint with a package of papers to the company’s email account, by fax or through the official website.
If the answer has not changed, you can contact the authorities that monitor compliance with consumer rights and interests.
You can avoid unpleasant scenarios by contacting the airline's help desk or representative office in advance to clarify current information about the planned flight.
It will not be possible to completely eliminate cases of force majeure, so take with you in advance:
- additional battery for phone;
- cell phone charger;
- non-perishable food products;
- books, scanwords, magazines, etc.;
- personal hygiene products;
- amount to purchase another ticket.
Do not throw away receipts or tickets. You should also familiarize yourself with the company's internal regulations. There is a possibility of no liability if the flight is cancelled. This is a common practice on budget airlines. In case of violation of interests, go to court.
When should you file a claim in court?
According to the regulations of clause 1 of the VC, a decision on a request for payment of compensation must be made within thirty days (Article 128). If the airline organization rejects the application, it is possible to file a claim with the judicial authorities within 3 years from the date of detention or cancellation of the flight. This is stated in Art. 196 Civil Code.
To do this you need to present a package of documents:
- plaintiff's statement;
- ticket with a stamp indicating cancellation or late boarding;
- receipts for meals, hotel rooms, telephone calls during this period;
- papers that can confirm that as a result of the airline’s actions, the passenger suffered moral or financial damage;
- a written complaint previously sent to the carrier (proof of receipt and dispatch is preferred);
- response message from the airline.
Attention! If you are not confident in your abilities, try to resolve the issue pre-trial. It is unlikely that luxury accommodation and inflated food costs will be reimbursed. If they behave correctly, representatives of air hubs will make every effort to compensate for losses.
Return deadlines
The exact period for receiving compensation is not established by the legislation of the Russian Federation for the case of a client’s involuntary cancellation of a flight. Each company has an individual policy regarding timing, but often money spent on a ticket is credited back to the passenger account within 60 days. Some proceedings drag on for up to six months.
For European flights, the maximum processing time for a refund request and compensation does not exceed 7 days (Article 10 and Article 2).
Conclusion
If the organization is guilty:
- If the boarding procedure is late from 2 to 4 hours, remind you of the right to 2 messages to airport employees. If you have a child under 7 years old with you, ask for a room.
- Delay of 4 hours or more. You have the right to insist on receiving free food.
- If the flight is delayed (for 6 or more hours at night or 8 or more hours during the day), request delivery to and from the hotel by the carrier, as well as payment for the hotel room.
- In the EU zone, a delay of more than 5 hours entitles you to a refund, delivery to your original destination (for connecting flights) and compensation.
Don’t forget to document every violation: keep your receipts and take pictures of the flight board.
