If the airline delays the flight by 4 hours. Flight delay: who is to blame? In EU countries

Anyone who has traveled by plane has experienced flight delays. But not many people know about their rights, as well as the airline’s responsibilities in such situations.

Rights of passengers and obligations of airlines when a flight is delayed within Russia

In Russia, according to paragraph 99 of the Federal Aviation Rules of the Russian Federation, in the event of a break in transportation due to the fault of the carrier, as well as in the event of a flight delay, flight cancellation due to unfavorable meteorological conditions, for technical and other reasons, changes in the transportation route, the carrier is obliged to organize for passengers at points departures and at intermediate points the following services:

If flight delayed for 2 to 4 hours: two phone calls or two emails, free drinks, free access to the mother and baby room (if you are flying with children under seven years old).

If the flight is delayed from 4 to 8 hours: free hot meals. If the flight is delayed for a long time, feeding should be done every six hours during the day and every eight hours at night.

If flight delayed more than 8 hours during the day or more than 6 hours at night, the airline is obliged to accommodate you in a hotel and provide round-trip transfers. At the same time, according to the law, you must be accommodated in a separate room without strangers. The airline is also obliged to ensure the organization of luggage storage.

Don't expect airline staff to come looking for you and hand you out refreshments or food vouchers. In most cases you will have to remind yourself. Do not hesitate to find an airline representative and inform him of the responsibilities.

What financial compensation is due if a flight is delayed within Russia?

A flight delay often entails additional expenses - you missed an important meeting, a hotel reservation “disappeared”, a canceled excursion, etc. In this case, financial compensation is provided.

An important point needs to be clarified.

The airline is not to blame in the event of the following force majeure circumstances: natural disasters (fires, drifts, floods) and weather conditions, military operations, cessation or restriction of cargo transportation in certain directions, as well as, in some cases, staff strikes or malfunctions threatening the life and health of passengers (Articles 794 and 795 of the Civil Code of the Russian Federation).

In other cases, the airline is liable for violation of the contract of carriage. So what kind of material compensation are we entitled to?

If the airline cannot prove the impact of force majeure on the flight delay, she is obliged:

• pay the passenger 25% of the minimum wage for each hour of waiting, but not more than 50% of the ticket price, as a fine (Article 120 of the Air Code of the Russian Federation).

According to current legislation, passengers are not entitled to additional compensation for canceled flights, however, passengers have the right to a refund of the cost of tickets or an exchange for an alternative flight offered by the carrier.

These responsibilities of air carriers are regulated by the Federal Aviation Rules “General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, and Consignees,” as well as the Air Code of the Russian Federation.

What needs to be done to receive compensation.

First of all, find an airline representative. It can be at the counter where you checked in for the flight, as well as at the airline ticket office at the airport. If you have already passed pre-flight inspection, then the employee can be found at the exit (gate) from where the plane was scheduled to depart.

If you cannot find it, ask any airport employee (preferably at the information desk) where to look for it.

If this doesn’t help, call the airline’s call center.

You will need to receive a flight delay note from an airline representative.

Sometimes these duties are performed by one of the airport employees. Therefore, if you do not find a representative of the airline, ask for a check from an airport employee; to do this, contact the information desk.

What does a flight delay mark look like?

Don't worry if you couldn't find anyone. The fact that the flight was delayed is absolutely clearly recorded in the documents, so if you were not provided with anything that was required, then upon your return, you can safely write a claim to the airline. Please enclose your boarding pass with your application.

You may be faced with a situation where the airline refuses to provide hotel and meals. In this case, keep all receipts for expenses incurred. Upon return, write a pre-trial claim to the airline, attaching copies of all receipts, boarding pass, and notes about the delay.

Please be patient and possibly have the help of a lawyer.

Passenger rights and airline responsibilities when a flight is delayed in Europe.

If your flight is delayed in the European Union, you are entitled to much more.

Air travel within the EU is regulated by Regulation EC No. 261/2004 of the European Parliament and of the Council of 11.02.2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights. All airlines flying within the EU are guided by this document.

This resolution applies:

• to any airlines that fly from an airport located in the EU. For example, an S7 or Aeroflot flight from Rome to Moscow is also subject to this law.
• to all airlines registered in the EU, if the flight destination is in the EU. For example, if an Air France flight departs from Rio de Janeiro to Paris.

According to this resolution, if a flight is expected to depart later than indicated in the schedule:

• For 2 hours or more, provided that the flight distance is 1,500 km or less, or
• For 3 or more hours for flights within the EU of more than 1,500 km, and for all other flights between 1,500 km and 3,500 km, or
• For 4 hours or more in all other cases.

The carrier is obliged to offer you free of charge:

• Nutrition
• Hotel accommodation (if you need to stay one or more nights)
• Transfer between the airport and your accommodation
• 2 phone calls, faxes, or emails.

And now the most interesting thing - how much can you get from the airline?

What financial compensation is due in case of flight delay or cancellation?

According to Regulation (EC) No 261/2004 of the European Parliament and of the Council, if your flight is delayed, regardless of the cost of the ticket, you are entitled to compensation.

For each passenger, compensation for delays, flight cancellations or denied boarding ranges from €250 to €600. The amount varies depending on the distance of your flight and the length of the delay (see table below). Receiving compensation is possible if the following conditions are met:

One of the following happened to you:

• Your flight was delayed for at least 3 hours
• Your flight has been canceled
• Your flight was delayed by less than 3 hours, but because of this you missed your next connecting flight, and as a result arrived at your final destination more than 3 hours late
• You were denied boarding due to lack of available seats (overbooking)

Also if:

• Flight delay/cancellation is not caused by adverse weather conditions, air personnel strike or other force majeure circumstances
• No more than 6 years have passed since the flight

You are not entitled to compensation in the following cases::

• you were notified of the flight cancellation at least 14 days before the scheduled flight date;
• the airline has offered you another flight on the same route.

Compensation for denied boarding

In the event of a denied boarding, airlines will first look for passengers who can give up their reservation in exchange for certain benefits. The carrier must offer volunteers a choice between:

• Refund of the full cost of the ticket
• Changing the route

If the passenger chooses to change the route, the carrier undertakes to provide him with support while waiting for the next flight. This may include meals, telephone access, hotel accommodation (one night or more as needed), and transportation from the airport to your accommodation and back.

If you do not wish to cancel your booking and are refused boarding, you are entitled to compensation of between €250 and €600 per passenger plus a refund of the full cost of the ticket.

The service works very simply - you fill out an application in Russian on the website. Fill in flight details and a short description
It takes 2 minutes. Does everything else. If the decision is positive, the agency withholds 25% of the amount. The service operates on a win-no-fee basis, that is, you pay only according to the results. Nothing is paid in advance!

A flight delay can disrupt a traveler's plans, spoil the mood before the flight and make it impossible to transfer to another flight on time. Many victims of long waits at the airport are unaware of the possibility of obtaining compensation if the carrier is at fault for the delay. In what amount and on what grounds compensation is provided for plane flight delays, we will find out from the article.

When is the airline at fault for delaying a flight?

Whenever a passenger is not allowed on a plane even though he has a purchased ticket, the airline is considered guilty and is obliged to pay compensation.

You can apply for compensation provided that the airline is to blame for the flight delay. This happens if:

• there was a discrepancy in the flight schedule;
• the crew did not prepare for departure in a timely manner;
• the flight was canceled due to an insufficient number of tickets sold or other reasons due to which the flight became unprofitable;
• more tickets were sold than it was possible to board passengers (this happens because, due to passengers refusing to take off, companies often sell 5% more tickets than there are seats in the cabin);
• in other situations when the carrier cannot confirm the existence of force majeure circumstances that led to the flight delay.

In what situations is the airline not to blame for a flight delay?

It is impossible to make a claim against the airline and demand compensation for the delay in the following cases:

• if the plane did not take off at the request of the competent authorities due to unfavorable weather conditions;
• if the flight was canceled at the insistence of the government. organs;
• if there is a strike of airport employees;
• if the flight was canceled due to the discovery of a malfunction of the aircraft, due to which there was a threat to the health and life of passengers;
• if there were force majeure circumstances (unrest, hostilities, terrorist attacks, natural disasters).

Compensation for delayed flight, passenger rights

If, due to a canceled or delayed flight, a passenger loses several days of vacation, the airline will compensate the cost of prepaid but unused hotel services, etc.

In case of flight cancellation, the passenger must be notified. If the warning occurred a couple of days before departure, an alternative option for passenger transportation to the destination must be offered, and the money for the ticket must be returned (even if a transfer and a round trip were required).

You can get your money back within 3 months from the date of flight cancellation. But in the case when the flight was canceled on the day the flight was scheduled, or even after the client arrived at the airport, he must be offered another ticket on a plane of the same company or a plane of another carrier (the passenger does not have to pay anything extra).

What rights does a passenger have when a flight is canceled or delayed?

When it becomes known about a flight delay, the passenger must first go to the airline staff and ask to put a delay mark on the ticket.

The flight delay can be minor, or it can last for many hours - depending on the length of the wait, the passenger is entitled to the following benefits:

• storage of luggage without payment, use of the room for mothers and children under 7 years of age, as well as for their accompanying persons;
• if delayed by 2 hours or more, the passenger has the right to demand sending 2 free email messages or making 2 calls, as well as free soft drinks;
• if the flight is delayed at least for 4 hours, the passenger is offered a hot lunch, which will continue to be offered every 6 hours;
• if the flight is delayed for 8 or more hours during the daytime or for 6 hours at night, the passenger will be accommodated in a hotel for free;
• the company will provide a free transfer to the hotel and back to the airport.

How much compensation is paid for flight delays?

If the flight was delayed due to the fault of the airline, the passenger will be paid the following amounts:

• 3% from the cost of a plane ticket for each hour of flight delay (as compensation for lost time);
• 25% from the current federal minimum wage for 1 hour of waiting for a flight (no more than half the cost of a plane ticket - as a fine).

When to file a claim with airline representatives

The claim (see sample claim ⇒) must be filed within six months from the date of flight delay or cancellation. For international flights, the application period is extended to 2 years. The claim will be considered within 30 days from the date of its receipt by company representatives. Compensation will be transferred to the applicant’s account within 2-6 months. If payment is refused or the amount of compensation turns out to be insufficient, the passenger has 3 years to file a claim.

Read also the article ⇒.

Common mistakes

Error: A passenger whose flight was delayed demands that his claim be considered under Russian law, whereas the flight was international.

Air transport is undoubtedly the fastest, most convenient and safest, so it is not at all surprising that most travelers choose to travel by plane. But unfortunately, not all airlines fully cope with their work. In particular, some people delay their flight, and not because of the vagaries of the weather.

Many people have probably had to deal with this rather unpleasant situation, but not everyone, as practice shows, knows the rights of passengers when their flight is delayed. Let's try to analyze this topic more carefully so that everyone, if necessary, can independently deal with the pressing problem.

First of all, you should understand: the purchased air ticket acts as a contract with the carrier, which in the future must serve passengers. And his main responsibility is to deliver the client to the right place in a timely manner and take care of his safety.Taking into account previously established rules regarding the protection of consumer rights, the airline, when a flight is delayed, is obliged to:

1. Passengers with small children whose age has not exceeded 7 years will be provided with a room for mother and child free of charge, regardless of whether the flight departure is delayed by 30 minutes or 6 hours.
2. A carrier that delays a flight by 4 hours is obliged to provide hot meals free of charge to adults and children. For this purpose, clients are issued coupons with which they can order lunch in restaurants or coffee shops operating on the pier territory.
3. If the departure of the airliner is delayed for a longer time, approximately 7-8 hours, the culprit of the delay is obliged to provide its clients with places to stay in the hotel complex. If there is no hotel on the territory of the airport, the airline pays for the transfer and also controls the safety of the luggage of all passengers.

Unfortunately, not many companies are committed to providing both drinks and food stamps to their customers. Therefore, passengers should take the initiative to contact representatives to remind them of the airline's responsibilities in the event of a flight delay.

Under what circumstances is the carrier considered at fault?

Initially, you need to figure out whether the air transport departure is really delayed due to the fault of the company. The Civil Code of the Russian Federation clearly indicates the reasons why the carrier will be considered as the culprit:

• in case of inconsistency in the previously approved schedule;
• if the airliner or crew members are not ready to serve customers;
• when passengers refuse to use the carrier’s services due to so-called overbooking: that is, if the company decides to put more clients on board the aircraft than are provided in the passenger seats.

The carrier is considered innocent if the following reasons prevent him from fulfilling his duties in a timely manner:

• unfavorable, sharply changed weather conditions;
• all kinds of natural phenomena - for example, fire or floods;
• actions of military significance;
• a ban on the transportation of goods or passengers in the selected direction.

Also, the airline will not be guilty of delay if the crew identifies a malfunction in the vehicle that could cause the airliner to crash.

What can a passenger expect?

Clearly, an airline has a responsibility to all of its customers. Depending on how many hours the air transport departure will be delayed, the actions of the airline employees depend:

1. If the plane's takeoff is delayed by a couple of days, the at-fault party can offer its clients two ways to solve this problem:

• flight in the desired direction on another transport serviced by the same carrier;
• refund of the full amount of money spent on the purchase of an air ticket. In this situation, it should be borne in mind that it will be possible to return the money spent on tickets in both directions only if the purchased tickets are marked on a single form.

1. If the departure of transport is delayed after customers have arrived at the airport, and they are currently checking in, then first of all the carrier must inform about the delay time, and also offer several options to get out of the unpleasant situation. Most often, passengers are simply asked to fly using the service of another airline, without making additional payment if the culprit is the previously chosen carrier.

Important! Compensation for aircraft flight delays is due to all passengers flying in EU airspace.

Amount of compensation in the Russian Federation

If the company cannot prove its innocence regarding the delay in air transport departure, then, according to the current legislation of our country, it must pay its customers 3% of the total cost of the air ticket for every 60 minutes of forced waiting. The amount of money under other circumstances is considered as compensation for the delay. Also, the culprit is required to pay 25% of the minimum wage as a fine for every 60 minutes, but the total payment amount should not exceed half the purchase price.

According to the law of our country, the injured party is not entitled to other types of compensation. But the passenger has the right to both demand a refund of the amount spent on the ticket and use the services of an alternative flight offered by the culprit.

What actions should be taken if the plane's departure is delayed?

So, the air transport departure has been delayed. First of all, you need to find the office of the guilty carrier or contact his representative. An employee can be found at the check-in counter or at the airport ticket office. If the passenger has already passed passport control, then the representative may be at a special gate, from which, according to the previously approved plan, the plane should take off.

If you cannot find a representative, you should find out at the information desk where you can find an employee, or call the airline office, finding out the phone number on the carrier’s official website.

Having found a representative, you need to get from him everything that the injured party needs, taking into account the flight delay: drinks, food stamps and hotel room. And it is imperative to receive a note from the employee, which will clearly indicate how long the flight departure will be delayed. The airport employee serving customers at the information desk can also put the appropriate mark.

Most often, the delay time is noted on the itinerary receipt, and it is also indicated here what exactly the injured party received - for example, food stamps and so on.Even if it is not possible to put a confirmation mark, there is no need to worry prematurely, because the delay will be documented, which means that upon arrival, passengers have the right to send a written complaint to the office of the guilty airline.

Receiving compensation

It is equally important to figure out how to get compensation. This process is quite simple, because for this you will need to have a note on hand about the flight delay due to the fault of the carrier. Upon returning from a trip, the injured party must contact the airline with the following documents:

1. An application written according to a special template, which can be viewed on the air carrier’s Internet resource.
2. Boarding pass.
3. A note about the flight delay placed on the boarding pass.

The exact time for refunding money is not specified in Russian legislation, so the carrier has the right to make adjustments, of course, within a reasonable understanding, regarding this issue. As practice shows, most often financial compensation is received by injured passengers 2-3 months after submitting documents. However, the consideration of the case can often drag on for 6-7 months.

Regardless of how long the airline reschedules the flight, you need to try to collect as much evidence of this fact as possible in order to receive compensation. That is, get a note about the delay, collect receipts issued for the purchase of food and drinks, and even take a photo of the takeoff and landing board of the previously selected flight to confirm a change in the previously established status. The more evidence is collected, the higher the chance of receiving financial compensation for the injured party.

In contact with

If you fly often, you've probably experienced a flight delay at least once. But if a passenger is on his first flight and the flight is delayed for some reason, this can lead to panic. In this case, the passenger must remember his rights: if he arrives at the airport on time, but is unable to fly at the appointed time through no fault of his own, the carrier is obliged to reimburse him for all expenses.

Why is there a delay in plane departure?

The reasons for flight delays may depend on the carrier itself, or on other conditions. Among the most common are:

• difficult weather conditions;
• board malfunction;
• technical problems at the airport;
• force majeure situations in countries and cities where the aircraft is heading.

If a plane's departure is delayed due to weather conditions, unfortunately, airline personnel cannot always give a clear answer to the question of when the plane will be able to take off. No captain would risk the lives of dozens of passengers. Of course, people are worried and angry. But in this situation, it is important to understand that the flight is delayed because the carrier cares about your safety.

Usually the carrier has a spare plane in reserve in case of some kind of malfunction. If before departure it turns out that the plane is faulty, it is replaced with another one. But if the carrier does not have a reserve plane in its arsenal, it is entirely his fault, and the passenger has the right to demand compensation for the inconvenience caused.

The most common delays occur on charter flights.

Passenger rights in case of flight delay

When there is a change in departure time, this entails an increase in passenger costs. Some people go for a coffee or a stroll through the airport shops. But if the flight is postponed by several hours, you have to spend money on food and lodging, as well as on communication services - in order to calm worried relatives, reschedule a hotel reservation or an important meeting.

If there is a flight delay, the carrier company is obliged to cover the costs of the passengers. Usually people are offered:

• hot meals - if the flight is delayed for several hours;
• hotel accommodations - if the flight delay exceeds 8 hours during the day or 6 hours at night;
• mother and child rooms - for passengers with children;
• the right to use the telephone or the Internet;
• compensation for the difference in price if the passenger decides to return or exchange the ticket.

Typically, an airline that values ​​its customers provides these services without unnecessary reminders. But in some cases, unpleasant situations for the passenger occur when the carrier decides to save money and refuses compensation. In this case, the passenger can file a claim with the airline management or go to court.

The sample claim for a flight delay is quite simple: the “header” indicates the name of the airline, as well as the passenger’s details. The text of the claim is written in free form. It is imperative to record here the ticket number, flight number, destination and departure time indicated in the travel document. At the request of the passenger, you can list the expenses that had to be incurred in connection with the current situation.

Airlines usually respond to passenger complaints. And if it comes to court, most disputes are resolved in favor of airline clients.

What to do if your flight is delayed? Unfortunately, more and more passengers find themselves in such a stressful situation every year. Such a nuisance is almost always associated with many related problems, especially if the flight on the plane was chartered or if a transfer is waiting at the arrival point, an important event is being held.

Who is to blame for flight delays or cancellations?

A flight delay is an unpleasant event that, unfortunately, every tourist can encounter. The most common reason for this is an aircraft breakdown. In this situation, the culprit of the delay is the air carrier, which did not take care of its passengers or ensure safety.

The flight may be delayed due to other circumstances, for example:

1. Schedule failure;
2. The plane did not arrive at the airport from another flight;
3. Rowdy;
4. Bad weather.

Responsibility of the carrier company in the Russian Federation

By law, the airline is not liable to its customers in several cases:

1. If the delay or cancellation of the flight occurred due to natural disasters, regardless of where the natural phenomena occurred: at the place of arrival or departure;
2. If the delay was caused by changes in public conditions that may affect flight safety;
3. If strikes start in the country;
4. If a quarantine has been established, which has become the reason for restricting transportation in certain flight directions;
5. A malfunction on board that could threaten the safety and health of passengers.

Responsibility of the carrier company in the EU

The airline is not liable if the flight is canceled or delayed due to extraordinary circumstances.

In all other cases, the blame for the delay lies with the air carrier, in particular:

1. For overbooking;
2. For inconsistencies in scheduling;
3. Other reasons.

Flight cancellation or delay at a Russian airport

Flight canceled in advance

If a passenger learns in advance that the flight he is scheduled to travel on is delayed or cancelled, he should inquire with the airline about an alternative. Such a flight can be provided either from the original carrier or from a third-party company.

Important! If for some reason the passenger is not satisfied with the alternative, he has the right to demand a refund.

Flight canceled before departure

If the wait at the airport for a flight exceeds 2 hours, the passenger may request:

1. Free stay in a room for mother and child;
2. Two opportunities to contact your family and warn about the delay;
3. Free drinks.

If the flight delay exceeds 4 hours, the passenger is entitled to free meals. Thereafter it should be provided every 6 hours (8 hours at night).

In case of an 8-hour wait (6 hours at night), the passenger is provided with:

1. Hotel accommodation;
2. Delivery by transport to the hotel and back;
3. Luggage storage.

Attention! All these services are provided completely free of charge.

Receiving compensation in the Russian Federation

For a flight delay or cancellation, the client is paid compensation in the amount of 25 percent of the minimum wage penalty (currently 100 rubles) for each hour of delay, but not more than 50 percent of the ticket price.

The State Duma is currently considering a bill to increase the size of fines for carrier companies by 4 times. Such measures are necessary because air carriers often take advantage of small fines and do not fulfill their obligations.

If your flight was delayed or canceled at an EU airport

Passenger procedures and rights

The actions of the air carrier and the client at EU airports are almost identical to the similar rules in force in Russia. The client may be presented with either an alternative or an offer to wait for another flight.

While waiting for a flight after a delay, a passenger has the right to count on receiving the following range of additional services:

1. Receipt of food and drinks is commensurate with the waiting time;
2. Hotel accommodation (if the delay lasts at least one night);
3. Transfer to the hotel;
4. Two messages, calls, emails.

The representative must inform passengers of the delayed flight about the correct course of action to take next.

Receiving compensation

Any passenger of a canceled or delayed flight has the right to apply for compensation; his citizenship does not matter.

The payment amount is set depending on the waiting time and the flight distance to the destination.

Delay, cancellation of flight to the USA

What rights do passengers have?

Each company has the right to independently decide whether they will provide free services in case of a long flight delay or not.

Deadlines for refunding tickets

Current legislation does not provide for clear deadlines within which a refund for a canceled flight must be made. Most often, money is transferred within six months.

For information! In EU countries, money transfers are made within seven working days - this period is established by law.

Procedure for receiving compensation

If the company has ignored the demand for compensation, the passenger can try to resolve the issue amicably.

The best option is to send a registered letter, since the passenger will have proof that the addressee received his message. The complaint is reviewed within 30 days, after which a reasoned response must be given.

In practice, it is rarely possible to resolve an issue with an air carrier peacefully on your own. Therefore, it is best to immediately contact lawyers who can represent the interests of the passenger in court.

Deadlines for filing a complaint

In the EU, each party has the right to determine the period during which the client has the opportunity to apply for compensation.

In the Russian Federation, a complaint can be filed within six months.

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Passenger actions in case of flight cancellation

In the event of a flight cancellation or delay, the passenger must act as follows:

1. Do not panic. First of all, you should go to the airline's check-in counter for information;
2. Make a note about the delayed or canceled flight. This will be required to receive compensation;
3. Depending on the waiting time for subsequent boarding, you can count on free food and hotel accommodation (in Russia and EU countries). In the United States, each airline has its own services for passengers of a canceled flight.

During your entire stay at the airport, you need to collect receipts for food and accommodation. In the future, they can be attached to the pre-trial claim.

Watch a video about what you are entitled to if your flight is delayed

July 12, 2018, 22:40 July 12, 2018 22:40