For a long time, airplane flights have become part of the everyday life of a person. Traveling by air is more convenient, takes less time and, of course, takes less energy. In the shortest possible time, you can be anywhere in the world. No other mode of transport can offer such a speed. And if you plan your trip correctly, having previously clarified all the nuances, then the cost of a plane ticket can be very pleasant.
With each new day, more and more people give their preference to air transport. And this is not surprising, because the positive aspects of this method of movement are visible to the naked eye. The number of airline customers is growing rapidly every day. During all this time, a certain part of people were able to experience such a problem as a flight delay. It is no longer surprising. An airplane is a complex mechanism, and in order to lift this aircraft into the air, it is necessary to agree on a number of facts. Any mistake or even the smallest malfunction leads to the problem of flight delays.
Below are the most common reasons for flight delays. There are quite a few similar situations, so they can be classified into separate groups.
Meteorological situation
There can be quite a few such reasons. Weather is a very unpredictable thing, and even forecasters cannot always provide an accurate forecast. For such reasons, the flight may be delayed, or the vessel has to be handled by special means before departure. The use of such funds is also time-consuming.
Very often, a situation arises that one airline delays the flight until the weather stabilizes, while the other calmly continues to carry passengers. Some do not understand the reasons for this behavior, while others are trying to find what the personal benefit for the company is. In fact, the explanation is more than simple, each company has its own air machines, which differ in model and configuration. Each aircraft has its own temperature threshold and operating conditions. Therefore, all recommendations are strictly followed, and the company is trying to take maximum care of its passengers.
Airliner malfunctions identified
The aircraft is a rather complex mechanism, in the operation of which even the smallest trifles are of great importance. Before take-off, the vessel is checked for all parameters. The detection of minor breakdowns is eliminated on the spot, of course, these types of work also take time. If the breakdown turns out to be more serious, the plane is removed from the flight and a replacement is sought. Such situations are rare and are included in the emergency list. But all the same, passengers will be delivered to the desired destination.
Most airlines do not like very much when situations of this kind develop. After all, such delays always leave their mark on the reputation. In most cases, the delay is due to minor repairs. Upon learning of aircraft malfunctions, any passenger can panic, so the administration prefers to name other reasons for the flight delay.
Late arrival of the airliner
This is the most common reason for airport authorities. After all, it sounds harmless and does not arouse special suspicion among passengers. Therefore, very often at airports you can hear just such a justification for flight delays. But what is alarming is that in certain cases such a reason is not true.
Failure of ground services
Flight delays may occur between arrival and departure. It is in this connection that various kinds of problems can arise. The reasons for this delay are innumerable. In most cases, the human factor plays a role. This may be late attendance, prolonged cleaning in the aircraft cabin, or a long unloading of the luggage compartment.
In such situations, the delay of the flight does not last too long, at most it can take about 30 minutes. Usually, such a time does not cause much panic among passengers. Everything happens without nerves, and the reasons are quite reasonable. If more serious situations arise when a flight is delayed due to disruption of ground services for more than two hours, then each passenger has the right to claim a refund of a part of the ticket price.
Passenger rights
If the flight is delayed, but the passengers did not hear the announcements justifying the delay, then the first step is to contact the employee at the check-in counter. In most cases, the passenger does not receive a clear answer to the question posed. Most often, you can hear some common reasons that should not cause unnecessary excitement on the part of people. And this is logical, because any company values \u200b\u200bits reputation.
Citizens' actions
No matter how the situation develops, a conscientious passenger must make a special note on the flight delay in his ticket. It is this mark that will give reason to demand a discount or even refund money for a ticket. It is this right that is guaranteed to every passenger in the event of a long flight delay.
Special rights of air passengers are noted when the flight is delayed for a time from 30 minutes to 2 hours. The airport administration is obliged to provide free luggage storage, as well as to ensure free stay of women with children in a specially equipped room.
The rights in case of a flight delay from 2 to 4 hours guarantee the opportunity for passengers to make two calls anywhere in the world. These calls must be paid for by the airline. Free hot or cold drinks are also guaranteed.
A flight delay of 4 to 6 hours provides for free food distribution every 6-8 hours.
If the flight is delayed for more than 6 hours, the airline must provide passengers with a place to sleep. Naturally, this cannot be a waiting room. The company is obliged to pay for the hotel and all transportation costs.
Compensation
Be that as it may, in any case, the delay in departure is the fault of the transport company, even if the cause is caused. Each passenger can reimburse a part of the ticket price. The maximum part of the compensation is 50%. But at the same time, the administration is obliged to pay all cash costs of the passenger while waiting for the flight. It can be anything - paying for tickets for other types of transport, paying for visits to various entertainment venues, paying a bill in a restaurant or cafe. The only caveat is that the passenger is obliged to provide all checks, otherwise the refund will not be made.
Special cases
If the passengers were traveling on vacation, and the ticket is included in the total cost of the voucher, then you can make a claim for the payment of the missed vacation days. If the application is not submitted within 20 days, it will not be considered further. Sometimes a flight involves a transfer, which is made by one airline. Naturally, the passenger will not be able to catch the proposed second plane. Therefore, upon arrival, the administration must take care and place the passenger on another plane absolutely free. Moreover, if a person flew in economy class, and there are only seats in business class, then he must be put in an advanced department. If the situation is exactly the opposite, then the company is obliged to pay the difference.
How should compensation be sought?
In this situation, you need to take care of the evidence of flight delays. The airport administration must request a certificate of the flight delay. This paper must have a stamp, good reason. A person can use any services while waiting for his flight. The main thing is to save receipts, which will clearly show the time. You can go to a restaurant, rent a hotel room, and so on.
Such situations are resolved very quickly, because no carrier needs to create scandals. will affect further work, so it is desirable that the passenger is satisfied.
There are also companies that may refuse to refund money. In such a situation, you can safely file a lawsuit by attaching all the necessary documents to the case. Seeking money back through the courts is a laborious process, but in most cases the truth is always on the side of the victim.
In order not to get into an awkward position, you should always have extra money with you. Indeed, in such unforeseen situations, they may be very much needed.
Actions in case of violation of passenger rights
This situation is very unpleasant, but leaving everything as it is is not an option. It is necessary to achieve justice and return the money spent. First you need to collect all the necessary package of documents, namely:
- Directly air ticket. It must contain the necessary flight delay marks.
- All receipts and receipts for expenses that were required due to the flight delay.
- A well-written letter indicating all claims and requirements.
All collected documents must be enclosed in an envelope and sent to the head office of the company.
If within 30 days the passenger has not received a response from the airline, then you can safely file an application to the court. And after a while, justice will be restored.
The rules and regulations described in the article apply to all types of flights. Even if there is a delay in the charter flight, the rights of passengers remain the same. The carrier is equally liable. The consumer should receive quality service in any case.
Air travel has long ceased to be the lot of the elite. Traveling by plane is by far the fastest and least tiring way to find yourself in another city, country or even on another continent. And with proper and early planning, it can be even less expensive than traveling by train or car.
From that, every year more and more people around the world go on vacation or business trips by plane. Therefore, many have probably at least once faced such an unpleasant situation as a delay in their flight. There may be many reasons for this, after all, air transportation is an extremely complex process, a failure at any of its stages is fraught with a delay in departure time.
Most common reasons for flight delays
- Weather conditions
Because of them, the movement of aircraft may be completely suspended, or additional processing of the aircraft will be required, for example, with a special anti-icing agent.
It is not uncommon for passengers of one flight to have to wait for the weather to stabilize, and those who fly on the plane of another air carrier safely board. There are no tricks here - the fact is that the so-called weather minimums are different everywhere. Differences in traffic restrictions exist not only for liners of various models, but also for each individual crew. It is extremely dangerous to exceed the permitted thresholds.
- Airliner malfunctions identified
If they are insignificant, then they will be eliminated, as they say, on the spot, but if the breakdown is technically difficult, the plane will be sent for repairs, and another aircraft will be found for the passengers.
Representatives of any airline are reluctant to talk about flight delays due to a malfunction. This spoils the reputation. And it scares many passengers, even those who do not suffer from aerophobia. Therefore, most often, the passengers are not informed that the plane needed repairs.
- Late arrival of the airliner
This is one of the most common reasons publicly voiced at airports when a flight is delayed - for passengers it sounds the most harmless. And therefore she is often abused.
- Failure of ground services
If there is a delay in the chain of all the necessary actions that are carried out at the airport with the aircraft during the connecting time, from the moment of arrival to departure, this will invariably entail a delay in the flight. It can be slow baggage removal, slow cleaning of the cabin, and late arrival of a new crew - there are a lot of reasons.
In most cases, when boarding an airliner is delayed by 20-30 minutes, this is not a big problem for many. But if you have to wait for several hours, then passengers have the right to demand certain compensation.
If you are waiting for the coveted announcement of the start of check-in for your flight for more than an hour, first of all you need to ask the employees at the information desks for an explanation. Of course, one should not hope for a detailed explanation of the reasons for the delay. Most likely, you will be informed about bad weather conditions or late arrival of the flight, which may not correspond to reality.
In any case, it is necessary ask to put a mark on the boarding ticket that the flight did not take off on time... It will become the basis for claiming certain free services guaranteed by Federal Aviation Regulations.
If the flight is delayed for up to two hours, the carrier must provide all its passengers:
- luggage storage;
- stay in the room of mother and child those who fly with children under seven years old.
Flight delay of more than two hours
In this case, Russian legislation provides for each passenger:
- two phone calls, and not only by domestic, but also by international lines, or two messages by e-mail;
- at the expense of the carrier must be arranged distribution of soft drinks.
Flight delay of more than four hours
If it takes more than four hours to languish in anticipation in the terminal halls, then passengers have the right to demand hot food.
Subsequently, the rules stipulate that hot food should be served in the daytime with an interval of 6 hours, and at night - every 8 hours.
Flight delay of 6 hours or more
When the flight is delayed by a quarter of a day or more, the air carrier will have to fork out and pay for the stay at the hotel of its passengers who did not fly out on time.
The hotel is providedif the flight is delayed for more than 6 hours at night, or more than 8 hours during the day; the way to the hotel also paid by the airline.
What compensation can you expect
Additional expenses of the carrier are expected even if the flight is delayed due to its fault. According to the "Air Code of the Russian Federation" for each hour of waiting, the passenger is entitled to a refund - 3 percent of the ticket price... And also - a quarter of a percent of the minimum wage, also every hour of departure delay. True, no more than half of the ticket price.
According to the Law "On Protection of Consumer Rights", the airline will be obliged to compensate passengers for the losses they have incurred due to being late to their destination. These can be paid tickets for another type of transport, theaters, musicals, operas, concerts or excursions. Respectively, do not forget to keep all payment receipts and tickets themselves.
If the air tickets were included in the price of a tourist voucher, then compensation for paid, but missed days of stay at the hotel can also be required from the carrier. In this case, a claim must be submitted within 20 days after the end of the contract for the provision of tourist services, that is, immediately upon returning home.
When a delay in one flight causes a delay to a connecting flight of the same airline, passengers will be transported free of charge on another plane. At the same time, they will not have to pay extra for seats in business class, if there are no free seats in the economy class. But if you paid for a flight in the "business", and they offer to fly in the budget tail of the plane, demand the return of the price difference.
There is a chance to collect from the airline both moral and material harm due to missed profit due to delay. In this case, developed project presentations, business plans, forms of contracts prepared for signing, etc. will become evidence.
How to get compensation?
If the carrier does not fulfill its obligations, do not be upset. First, ask the airport administration a certificate of the delayed departure of your aircraft, indicating the reason... And then feel free to go to a restaurant and order any dish, rent a hotel room, get to it by taxi (here the main thing is to use the services of official firms that issue checks) - all this will be reimbursed by the air carrier.
In our country, within six months after an unpleasant incident, you need to send a claim to the airline with a request to reimburse your unplanned expenses. The application form must be accompanied by photocopies of the ticket, flight delay certificate and all available receipts issued in a restaurant, hotel, taxi, etc.
It is difficult to resist such a set of papers in our bureaucratic state - almost certainly the shipping company will quickly resolve the issue in your favor. By law, such requests from passengers can be considered no longer than one month.
But if the management of the airline does not want to solve the problem amicably - write a statement of claim to court... It must also be accompanied by copies of checks, receipts, certificates, as well as an official response from the airline representatives to a request to reimburse costs.
Seeking the return of your funds through the Russian legal system is, of course, not the fastest and most pleasant thing. But if you act decisively, then you can achieve compensation with minimal time losses.
So, to summarize all of the above, when going on an air trip, you need to be prepared for the possibility of departure not at the time indicated in the flight schedule. It is necessary to keep all accounting documents received during a long forced stay at the airport (checks, receipts, certificates), as well as tickets paid for, but not used due to delay, for entertainment events in the place where you are flying.
And, perhaps most importantly, always have additional funds on your account - they will be required if the air carrier refuses to fulfill its obligations to organize meals and hotel accommodation for passengers of the delayed flight. But all expenses incurred will then be reimbursed.
Video on the topic: "What to do if the flight is delayed"
"Your flight is delayed." Your flight is canceled. Air passengers waiting for the plane often hear such announcements. Have you also faced a similar situation? Do you know how to get compensation for a delayed flight? Let's figure out what to do and where to go to restore justice.
When is compensation for a delayed flight due?
Nobody will just cancel, delay or postpone the flight. There must be reasons for this. For example, unfavorable weather, technical malfunction of the liner, etc. Passengers can be reimbursed only when the violation occurs through the fault of the airline. Such cases include: unavailability of the crew or aircraft for flight, unprofitable flight, disagreements in the schedule.
Some organizations knowingly sell more tickets. The fact is that, according to statistics, some customers return tickets at the last moment. To avoid losses, additional insurance is created. But the opposite effect is possible, called "overbooking": there are more people than seats in the cabin. Then the air carrier is forced to refuse the flight to "extra" passengers. In this case, he must return the money.
Based on Art. 794 and 795 of the Civil Code of the Russian Federation, liability is not provided if the flight was delayed due to external circumstances: unfavorable weather conditions, natural disasters, personnel strike, technical malfunction of the aircraft and other circumstances posing a threat to life. You also have to delay the flight if hostilities are taking place or charter flights are prohibited to some points. In such cases, the money will not be returned.
Defending your rights, rely on the following regulatory documents:
- Civil Code - Art. 794 and 795;
- Air Code - Art. 126, paragraph 4 of Art. 124;
- The Law "On Protection of Consumer Rights" - Clause 5, Art. 28;
- Federal Aviation Regulations (FAR) - clauses 99, 227.
It doesn't matter which flight you took: regular or charter. Which company was chosen (national or low-cost) also does not matter. Passengers have the same rights in all cases.
What the airline must provide for free
Clause 99 of the Federal Aviation Regulations prescribes how carriers must compensate for the inconveniences caused to passengers in connection with the delay / transfer / cancellation of the flight. What services are provided free of charge and under what conditions are shown in the table.
Can the carrier stay with other people when providing accommodation due to a delayed flight? Definitely not. If passengers are unhappy with the chosen room (for objective reasons), they have the right to choose a hotel on their own. However, in such cases, it is not always possible to fully compensate for the cost of living, and the company is not obliged to pay for transport services.
In European countries, the same compensation for inconveniences (accommodation, meals) is imposed. But there is one difference: when the flight is postponed for more than 5 hours, you can not only return the money for the ticket, but also demand a free return to the original point. The company must fulfill these obligations.
Compensation for canceled and rescheduled flights in Russia
In case of flight delays and cancellations due to the fault of the airline, passengers receive compensation in the amount of 3% of the ticket price / hour and a quarter of the minimum wage. The legislation does not say anything about additional compensation.
When a flight is canceled a few days before departure, the offending company may offer an alternative flight via another carrier. The place of arrival does not change. It is not possible to charge a surcharge from passengers. The second way to solve the problem is to return the full cost of the air ticket on the basis of paragraph 227 of the FAP.
Note: when you buy one connecting ticket, you can offset the cost of the entire flight. But if you issue two tickets separately, the compensation is paid differently. For example, in the direction Moscow - Buenos Aires and Buenos Aires - Cordova, the first flight was canceled. Then the money is returned only for the direction Moscow - Buenos Aires, the cost of the second flight is compensated according to the standard rules. If the flight Buenos Aires - Cordova did not take place, and the passenger went in vain, the guilty organization returns the funds spent on the flight to the capital of Argentina and pays for the return to Russia.
Compensation for violations based on timing and distance
If you are flying from an EU country or the airline you are flying is registered in the European Union, then you can expect to receive compensation of up to 600 €.
The amount of compensation is influenced by the waiting time and distance. You cannot get it if the flight is delayed from 2 to 3 hours. When the waiting period lasts from 3 to 4 hours, passengers are paid:
- 250 € - the distance does not exceed 1500 km;
- 400 € - from 1500 to 3500 km;
- 400 € - more than 1500 km within the European Union;
- 300 € - the distance between the airports is more than 3,500 km.
You can receive compensation for flight delays in the amount of 600 € when the delay time exceeds 4 hours.
How much compensation is due when a flight is canceled depends on when the passenger found out about it. If the message arrived two weeks before the departure (and later), the amount will be from 125 to 600 € (depending on the distance and delay time of the alternative direction). If the notice period exceeds 14 days, no payments will be given.
US airlines do not provide compensation for passengers for canceled, delayed or rescheduled flights. Free food, drinks and phone calls are also not provided.
How to make a claim
When the air carrier has not fulfilled its obligations through its own fault and is not going to compensate for the damage, file a claim. Prepare as many documents as possible confirming the fact of violation of the contract. Of course, you need to collect them in advance.
Checks, receipts and other papers will come in handy, which reflect your costs while waiting for the plane. For example, staying at a hotel, traveling by transport, buying drinks and food at the airport, etc. It is advisable to photograph the departure board so that you can see the current time and flight status. After the announcement of the delay, ask the airline representatives to stamp the ticket and put a corresponding mark. When boarding - indicate the actual departure time.
Based on Art. 126 of the RF VLC of the Russian Federation, claims can be made to the airline within six months from the date of violation of the contract. In European countries, the term has been extended to two years (Montreal Convention), and in the United Kingdom - to six years.
Where to apply for compensation
Submit the prepared claim to the representatives of the airline at the place of arrival or departure. If you cannot find them, send the document by registered mail with an inventory to the organization's address. Be sure to keep a copy of the statement and proof of shipment - this is your proof. The company must respond to the claim within a month. There is a third option - to file a complaint on the company's official website, but such appeals are most often ignored.
After filing a claim, no action followed? Have you received an unfair rejection? Then go to court. It is advisable to work with a lawyer as it can be difficult to win a dispute with an airline. Be sure to follow the deadline for filing a claim. When the flight is delayed / canceled / postponed due to the fault of the air carrier, 25% of the minimum wage is refunded. It is not possible to receive compensation in the amount exceeding 1/2 of the ticket price.
Recovery of compensation for flight delays via Compensair.com
Go to the official Compensair.com website and click the Check Flight button.
Enter the required information: arrival / departure location, date, airline name and delay duration. Please advise if the organization offered an alternative flight. Then go to the button "Calculate compensation".
Find out if you are entitled to payments. If applicable, send a request to Compensair.com service specialists. They will analyze your situation and prepare an initial claim. They will negotiate with the lawyers of the guilty airline to resolve the conflict out of court.
It is profitable to use the Compensair.com service, because employees take all the risks, paperwork and routine work. You save time and nerves that you already had to spend on an unsuccessful flight. But there are certain conditions here:
- the service charges a commission of 25% from the received compensation;
- representatives are engaged in cases for which compensation is due at least 250 €;
- cases are considered, the prescription of which does not exceed 6 years;
- it is not possible to recover compensation for a delayed flight, canceled or postponed due to force majeure.
Unfortunately, many airlines experience disruptions and delays in flights - a common occurrence. But this does not mean at all that passengers should be calm about it. No. Just prepare for everything in advance. Our recommendations will definitely help you protect your interests.
A delay in an air flight is a very unpleasant event and may disrupt your plans, but a very small number of passengers know that they have the right to demand financial compensation from the company if the delay was due to its fault. We will tell you about compensation for a delayed flight and how to get it in this article.
What the law says
First you need to find out what legislation can protect passengers who are faced with a flight delay.
Passenger rights are governed by:
- Order No. 82 of the Ministry of Transport on the rules of federal air transportation;
If you use international flights, then in this case the European Parliament decree №261.
Delay due to the fault of the airline
Now let's talk about the situations in which the carrier is guilty of canceling or rescheduling a flight:
- about the actual time of departure and information on the scoreboard;
- If the aircraft crew is not ready or
- When selling more tickets than the plane can accommodate;
Information
Most airlines sell more tickets than the plane can hold. This is due to the fact that according to statistics, about 5% of people do not show up for the flight, and selling tickets in excess of the norm allows you to get a lot of profit. If you did not have enough space on the plane due to the actions of the airline, then you should be paid compensation.
- If the flight was canceled due to its disadvantage.
Delay if the airline is not at fault
When it comes to cases where the company is not to blame for the delay, things are a little more complicated. Most flights are canceled due to unsatisfactory weather conditions. Flying in bad weather is dangerous for passengers.
If you are faced with such a situation, then you need to know that the flight must be rescheduled. Compensation in this case is not provided, since the weather is changeable, and it can be very difficult to predict its change.
Also, the airline does not delay the flight if unforeseen circumstances happened.
These include:
- Natural disasters, terrorist attacks and other circumstances that the company cannot influence;
- The need to carry out repair work on the aircraft to prevent damage during the flight;
- Airport staff strike;
- Requirements of government agencies.
Amount of compensation
In the event of a delay, the issue of compensation for the delayed flight of an aircraft is very acute. If it is possible to notify the passenger in advance, he may demand:
- Replacement of tickets in favor of another flight with the same final destination;
- Flight refunds. This applies to both connecting flights and round trip tickets.
To replace tickets, you need to contact their distributor, or rather, to the organization in which these tickets were purchased.
Warning
The passenger can claim reimbursement within 3 months from the date of flight cancellation.
Separately, you need to consider the situation when the cancellation took place on the day of the flight or after arrival at the airport. In this case, the airline is obliged to offer an alternative flight option, and if the cost of new tickets exceeds the previous ones, then all costs must be paid by the carrier.
Sometimes canceling or delaying your flight can shorten your vacation. In this situation, you can count on compensation from the tour operator. He is obliged to reimburse the cost of services that were paid for, but you did not use them.
Each passenger who experiences a delay has certain rights, which are reflected in the company's rules and the law. Depending on the terms, the air carrier's client can count on:
- Providing free luggage storage for your belongings;
- Use of the mother and child room;
- Sending two letters via email or two calls anywhere in the world.
- Water and other drinks (only if delayed more than 2 hours);
- Providing food in case of a delay of more than 4 hours;
- A hotel if the flight did not take off 8 hours after its cancellation;
- Transportation at the expense of the carrier company.
All of the above points must be observed regardless of the reason for the cancellation or flight delay. Sometimes the company does not provide such services. In this case, you need to keep all the cashier's receipts and claim compensation.
As for the amount of compensation, in this case everything depends on the company. In order to find out this information, it is better to contact the company that will deal with your transportation. Also, if we compare the amount of compensation in Russia and the countries of the European Union, then the income will be greater in the second case.
If we consider the Federal Air Transportation Regulations, then if the flight is delayed due to the fault of the company, the passenger can count on compensation in the amount of:
- Twenty-five percent of the minimum wage per hour of delay, but not more than fifty percent of the price of a travel document;
- Three percent of the price of the travel document for each hour of delay.
How to get the
To receive compensation for the delayed flight you need to make a claim addressed to the head of the carrier company. It should be borne in mind that consideration of complaints related to domestic flights If the flight is international, then the consideration takes place according to the legislation of the country in which the organization operates or the airport is located.
Statement
The application for payment of compensation is strictly approved, but must be written in accordance with the rules of a business letter. Also, it should not use obscene language or show rudeness to the carrier company. It needs to indicate:
- Name and contact details of the applicant;
- The name of the organization to which the complaint is submitted;
- The circumstances of the incident;
- List of violations by the carrier;
- Evidence of default on duty;
- Applicant's requirements.
Warning
The application must be made in two copies.
One is transferred to the organization, and the second remains with the applicant. Moreover, a mark must be put on the copy of the applicant confirming the acceptance of the application. This may be necessary if you need to file a statement of claim with the judicial authorities.
The following list of documents must be attached to the complaint:
- Photocopies of travel documents with the present mark, confirming the flight delay;
- Checks or other documents confirming financial expenses associated with the failure to provide passengers with the necessary services;
- Confirmation of incurred losses. For example, expired tickets to various entertainment venues and other invitations.
Information
The processing time for a complaint is 30 days from the date of filing. If a positive decision is made on the fact of filing a claim, then the company must transfer funds to the client's personal account within 6 months after considering the complaint.
If the carrier ignored the appeal or made a decision that does not satisfy you, then you have the right or
You can send a statement of claim to the court within three years from the date of the flight delay... The court must send the response received from the airline in connection with the filing of the complaint, or a copy of the applicant if the complaint was ignored. You also need to attach a list of documents that was submitted with the claim.
To confirm expenses and receive compensation, you will need to prove your case and take part in the trial. If your knowledge in the field of jurisprudence is insufficient, then it is better to turn to the services of specialized lawyers who have extensive experience in conducting such cases.
A rare air passenger has not experienced a flight delay. Unpleasant situations associated with a long wait for the departure of the aircraft are especially badly tolerated if the passenger is in the sterile zone or is already on board the aircraft.
At the same time, not every traveler knows that he can receive monetary compensation for the delayed flight and spoiled mood.
When can you receive compensation?
Compensation may be paid if the airline itself pleaded guilty to the flight delay or was found guilty by a court.
The airline's fault is recognized in the following cases:
Overbooking... Statistics show that almost every flight is late for check-in at the airport. To fill empty seats and stave off losses, many airlines sell more air tickets than airline seats.
You can read in detail in this FlyNow article about overbooking. But we must admit that the airlines' games with profits and losses should not affect passengers in any way.
Your flight has been dispatched and you haven't got a seat on the plane? This is 99.9% overbooking !. In the event of a significant delay in your departure, you have the right to claim compensation.
If the flight crew is to blamewho was not ready to fly.
The reasons related to the crew may be very different, but they do not concern passengers. The airline must anticipate such situations and send the plane on schedule.
If the flight is canceled due to the fact that the carrier airline found it economically unprofitable.
These situations happen often. For example, a certain airline operates two flights a day on a route. But too few tickets were sold for one of the morning flights, and a decision was made: to cancel one morning flight. The airline combines passengers of two flights, morning and evening, into one flight and sends them to Moscow by evening plane.
Of course, this is a violation of passenger rights.
The economic and financial situation of the airline also should not affect the timely departure of the aircraft.
If it suddenly turned out that the airline cannot pay for fuel or for airport services, then where are the passengers? They have already paid for their trip and are waiting for the paid service to be provided.
Any other casesif the carrier cannot prove the existence of force majeure circumstances that influenced the delay or cancellation of the aircraft departure.
When should you not expect to receive compensation?
Unfavorable meteorological conditions Is a common reason for flight delays. And, although in some cases, the decision to take off is taken by the aircraft commander, the decision to delay the flight is solely related to the safety of passengers.
If the flight is delayed due to elimination of technical malfunction of the aircraft... This case is also related to the safety and health of passengers, so it does not fall on the list of conditions for receiving compensation.
If the flight is delayed due to circumstances beyond the control of the airline. For example, a strike by air traffic controllers or other airport employees.
Compensation is not provided in the event of force majeure circumstances: the threat of a terrorist attack, natural disaster, mass civil unrest, hostilities in the departure area or along the flight route.
Passenger rights in case of flight delays
Regardless of the reasons for the delay, the passenger has the right to receive the following services from the airline:
- For a delay of more than 2 hours, you must be provided with soft drinks;
- With a delay of 4 hours or more, you should be fed a hot lunch;
- If the delay is from 6 hours at night and from 8 hours in the afternoon, you should be accommodated in a hotel for rest. The responsibility of transporting passengers to the hotel and back also falls on the airline.
If the airline does not provide you with these services, ask the airline representative at the airport for them.
Amount of monetary compensation in case of flight delay
Flight delay compensation consists of two components:
- 25% of the minimum wage (minimum wage) for each hour of delay, but not more than half of the cost of a plane ticket;
- 3% of the air ticket price for each hour of delay.
Protection of passengers' rights when flying through the territory of Russia is ensured by the following laws and acts:
- Air Code of the Russian Federation (Law No. 60-FZ);
- Order of the Ministry of Transport of the Russian Federation No. 82 "On the approval of the Federal Aviation Rules";
- Law on Consumer Protection";
- Civil Code of the Russian Federation.
Attention! When flying abroad by Russian and foreign airlines, there are different rules for compensation for a delayed flight!
How to get compensation for the delay
The first thing you must do is put a stamp on your itinerary receipt at the check-in counter or at the airline's representative, which will officially confirm the delay.
Be sure to keep all receipts for meals at airport cafes and restaurants, receipts for luggage storage services, taxi fares and other expenses you incur while waiting for your flight.
Then you need to file a claim with the airline by writing an e-mail in a free form and indicating all the necessary details of the claim: departure date, flight number, delay time and other requirements.
Attach a scan of your itinerary receipt with a delay note to the letter; scans of receipts confirming your expenses at the airport; documents confirming your material and moral damage related to the flight delay: tickets for a concert or other events, invitations or other events that you missed through the fault of the airline. Be sure to save your sent email on your computer.
You can also file a claim with the airline representative at the airport of arrival.
If the airline has agreed to pay you compensation, it may ask you to send the original application and other documents by certified mail. But do not forget to take copies of these documents for yourself before that, just in case
.You can file a claim for a flight delay and payment of compensation when flying within Russia within half a year from the moment of flight delay or cancellation.
According to the Air Code of the Russian Federation, the airline is obliged to respond to your claim within 30 days. If you have not received an answer or the answer to your claim does not satisfy you, file a claim in court. Attach to the application the originals of your itinerary receipt and receipts, also attach a printout of the letter to the airline with your claim and the response of the airline representatives.
It should be understood that your expenses while waiting at the airport should be reasonable. No one will pay you expensive purchases at Duty-Free or lunch at a fancy restaurant.
