Can a scheduled flight be delayed? Will the money for the hotel room be refunded? Why charter flights are cheaper than regular flights, are they fed on charter flights

The word "Armageddon" in the title, in reference to airline charter schedule disruptions in last days does not look like an allegory at all. Over the weekend, rolling flight delays were made by several air carriers at once, at airports different countries stuck waiting for departure home hundreds Russian tourists, others had to spend two or more days on their suitcases. The airlines themselves unanimously refer to the shortage of aircraft - an unforeseen failure of even one aircraft leads to large-scale collapses. How convincing are these explanations?

All for Turkey

The thesis about the global shortage of boards in the charter market does not stand up to serious criticism, experts are convinced. They give an example of how active they became in recent times airline fleets are replenished, especially after flights to Turkey were resumed last fall. With an eye, including for this direction, carriers actively ordered liners, which were marked by significant delays in the current summer season.

So, "VIM-Avia", which was the main newsmaker in terms of schedule disruptions at the start of the season, at the end of 2016 replenished the fleet with four Boeing 737-500 aircraft, as well as wide-body aircraft - two Boeing 767-300, six Boeing 777-200 and one Airbus A 330-200. On the eve of summer, the carrier received another Boeing 777-200 and expects additional delivery of several Boeing 777s and Airbus A-330s. Even taking into account large-scale plans for regular flights to the Chinese direction, such a fleet is quite enough for active work on the charter market, observers say.

The park has expanded iFly- an airline that has also received many complaints in recent weeks due to disruptions in the charter schedule. Critical delay in departure on July 21 from Bodrum to Moscow - the liner arrived at Russian capital two days later than planned - became the reason for the intervention of the Moscow Interregional Transport Prosecutor's Office. Shortage of planes? But after all, the air carrier literally a month ago reported receiving from Emirates three sides A 330-200. Even if the airline subsequently implements the intention to decommission two of its Boeing 757s, its fleet will still increase by one liner.

Of course, air carriers receive mainly “age” cars - the same “new” iFly Airbuses are 18 years old. However, in the practice of the Russian charter market, considerable experience has been gained in working with such an aircraft fleet under heavy load conditions. Recall that it was used aircraft that formed the basis of aviation assets "Transaero", which dominated the charter air transportation segment for several years and left the market in 2015. At the same time, even in the most "fat" years for outbound tourism in 2011-2013, when the density of charter flights was noticeably higher than now, Transaero managed to be punctual. Failures happened, but the schedule did not crumble. Why?

look back

As the top manager of the tour operator, who at one time was one of the main partners of Transaero in air transportation, told the website correspondent, the airline had up to 30% of the aircraft in reserve at all times.

It was very expensive from the point of view of business economics, but for passengers it served as a reliable guarantee of the accuracy of the schedule.

“The management of Transaero took into account that it was operating a used fleet, so it had not one spare board for 8–10 aircraft, but two,” continues the topic Vladimir Vorobyov, president - another former partner of the airline. According to him, there were periods when out of the three Tu-204s that Transaero had, only one flew, the rest were in reserve. In addition, some boards were used as sources of spare parts - in order to quickly install the necessary part on a broken aircraft, and not wait for its delivery from the manufacturer.

There is another point of view. According to commercial director Alexandra Burtina, Transearo had a chronic oversupply of aircraft, the carrier could not fully load its growing fleet, so additional reservations were partly forced. Now carriers are working in a different situation - the demand for transportation is high, but it is concentrated in the summer months. Hence the high density of flight programs, and the difficulty with reservations.

What's in the dry matter

Two years after the departure of Transaero, it became obvious: the thesis that the airline was deservedly removed from the market due to the fact that it created an excess of carrying capacity and actively dumped to fill the boards turned out to be untenable. Most of the airworthy liners used by the carrier moved into the fleet "Russia", other airlines have increased their own aviation assets, and the surplus of aircraft has not disappeared. As a result, dumping still reigns in the charter market, and due to the unwillingness of management to ensure reliable flight reservations, tourists have to endure unthinkable schedule disruptions. In the future, this may lead to a persistent phobia among travel agency clients for charter flights as such.

“If in 2004–2008 a certain visionary told what would happen in the tourist air transportation market in 2017, I would probably just leave tourism, deciding that this is Armageddon,” shares his opinion with colleagues in the group

My flight from Antalya was delayed for 13 hours. Six months later, the tour operator paid me 36,500 R for this. Despite the fact that it was a charter and sort of like "no guarantees."

Sergey Boldin

received compensation from the tour operator

Last fall, I bought a package tour and flew with my family to Turkey. While we were resting, our airline went bust. Our charter flew home with a delay, so I wrote to the tour operator and asked to compensate for the lost time. The operator replied that the airline should do this.

The tour operator did not take into account that I am a lawyer and I know my rights. I did not make a fuss, but collected evidence and sued him.

Inquiries, checks, details of calls

The problems with our airline began even before we flew to rest. The day before departure, the travel agent sent us tickets for a charter flight. The departure time was known, the flight appeared in the airport schedule. But when we arrived at the airport, it turned out that the flight was delayed.

By law, if a flight is delayed for more than two hours, the carrier is obliged to provide passengers with soft drinks free of charge and organize communication: two phone calls or two e-mails. If the flight is delayed for more than four hours, he is obliged to feed everyone with a hot meal. If longer than six at night or eight during the day - place in a hotel.

Our flight was delayed more than four hours, but no one offered us food or drinks. We bought them with our own money, I kept the receipts.

While we were vacationing in Turkey, the airline's problems worsened. Compatriots on the beach discussed the news: someone could not fly away on vacation on a package tour, others could not return home. The day before departure, I asked the hotel guide for insurance to extend our stay. The guide replied that the flight would be on schedule and there was no need to pay for housing.

On the morning of departure, it became obvious that the plane would not arrive on time for us: our flight was not on the airport schedule. We did not want to wait outside, so we had to arrange a late check-out so that we would not be evicted from the room. The representative of the tour operator was not there, so I paid for everything myself - and asked to issue a check.


The rest of the day we sat on our suitcases and waited for the representative of the tour operator to pick us up at the airport. Departure was postponed several times. After the late check-out time from the hotel expired, the tour operator nevertheless extended our stay - but did not provide two required phone calls. I called at my own expense and after returning I ordered the details of these calls from the telecom operator.

They came for us only in the morning. We were supposed to take off from Antalya at 8 pm, but instead took off at 9 am the next day - with a delay of 13 hours.

Upon arrival at the Moscow airport, I turned to the information desk and asked to put a mark on the delay of both flights. These marks are usually placed on the reverse side. boarding pass or printed itinerary receipt.

Then I collected all the documents about violations of our rights and turned to the tour operator for compensation.


The tour operator answers

What is special about a charter

Roughly speaking, the tour operator says to the airline: "I want to rent a plane from you to take 200 people to Antalya on September 9, and return them back on September 23." The airline replies: "Okay, on the 9th and 23rd for three hours the plane is yours, along with the pilots and stewardesses."

While the plane is leased by the tour operator, flight delays are on his conscience, which is why he pays compensation. The only exception: if the flight is delayed for safety reasons, for example, if the plane has broken down and it is dangerous to fly on it. Judicial practice shows that in this case it will not be possible to receive compensation.

The reason for the delay of our flight at the airport was not announced, but it was found on the delay stamps, which were put upon arrival home. The marks "PPS" and "U05" mean "late arrival of the vessel" and "change in departure time by decision of the dispatch service." Not a word about safety.

How to make a claim

The claim must be submitted to the tour operator within 20 days from the end of the trip. The tour operator has 10 days to check everything and answer something.

In my claim, I described the situation and demanded that I reimburse all expenses, as well as compensate for non-pecuniary damage for the flight delay. In addition, I indicated the details of the account to which I expect to receive the money.

I attached copies of checks and certificates to the claim and sent all this to the legal address of the tour operator by registered mail. Postal receipts for sending later came in handy in court.


Which court to sue

While the tour operator was thinking about how to respond to my claim, I studied the jurisprudence on similar disputes. I had to decide in which court to file a claim if my claim was denied.

By general rule The claim must be filed with the court at the location of the defendant. But the law protects the consumer as the weak side of legal relations, therefore it gives him a choice: to sue where the defendant is located or where he lives.

If the defendant is a large company, most likely it has already been sued. To find out how it all ended, it is useful to study the jurisprudence on the website of the court that has jurisdiction over the legal address of the company. If decisions are often made not in favor of consumers, it makes sense to sue the court in your place of residence. And if you find a court decision in a similar case in favor of the consumer, you can use it to draw up your claim.

Another option is to search through the official websites of city courts of general jurisdiction and magistrates' courts. For example, on the Moscow website there is a section “Territorial jurisdiction”, where you can determine the defendant's court by the address of the defendant. Decisions on claims are usually published in the "Courtwork" section.

In my case, decisions were more often made in favor of tourists, so I did not use the right to choose a court. I waited until the tour operator ignored my claim, and filed a lawsuit in the court at his location.

Statement of claim

In the statement of claim, you need to write in which court you are filing it, who the plaintiff and defendant are, at what address they can be found, the price of the claim, what is the violation of rights and what you want to achieve. Also, list documents that support your position. All this is mandatory information - without them the claim will not be accepted. When drawing up a claim, it is worth checking with the Civil Procedure Code of the Russian Federation.

It would not be superfluous to bring judicial practice in favor of consumers in similar cases. Consumers do not need to pay state duty.

Before drawing up a claim, you need to calculate the amount of compensation and the price of the claim. These are different things. Simply put, the amount of compensation is all the money that you want to receive from the defendant through the court. The price of the claim is only the money that you lost because of his actions and the penalty provided for by law. The price of the claim does not include compensation for non-pecuniary damage and a fine for the fact that the defendant did not pay you without a trial.

For example, in my case, the price of the claim includes the cost of the hotel, food, drinks and phone calls. In addition, it includes a penalty for violation of the terms of travel. In total, I demanded almost 130 thousand rubles from the tour operator, and the price of my claim was 5123 rubles.

The amount of the claim determines which court will hear your case. If it is less than 50 thousand rubles, then the world one, if more - the regional one. It does not affect anything else in disputes involving service consumers.

In my statement of claim, I demanded from the tour operator:

  1. Compensate for everything that a passenger is entitled to in case of a flight delay: drinks, food, two phone calls and accommodation.
  2. Compensate for non-pecuniary damage to all family members, including two children.
  3. Pay penalties for violation of the terms of the service - 3% of the cost of the tour package for one day of delay in departure.
  4. Pay a fine for refusing to voluntarily satisfy my claim - 50% of the amount of compensation awarded.

I attached two copies of it to the claim - for the tour operator and the travel agency that sold me his ticket. The tour operator is responsible for paying compensation, so it makes no sense to involve the agency as another defendant. But he can be involved as a third party - if the judge approves. A representative of the agency will come to the meeting, and if questions arise, he will be able to answer them immediately.

So that the court would not be postponed if I could not come, I asked to consider the claim without me.

Here's what my statement looked like:



To the statement of claim, I attached certificates of flight delays, copies of checks for food and a hotel, details of calls that I took from the telecom operator, a copy of the claim against the tour operator, and a press release from Rospotrebnadzor that an administrative case was opened against the tour operator due to flight delays.

Complaint to Rospotrebnadzor

Before going to court, you can complain to Rospotrebnadzor. This will not help to obtain compensation without a trial: Rospotrebnadzor has no right to oblige the tour operator to pay you money. But he can fine him on your complaint, and this will strengthen your position in court. In addition, Rospotrebnadzor specialists will advise you on how to file a claim and, possibly, help protect your interests in court.

But all this is in theory. In my practice, the quality of assistance from Rospotrebnadzor depends on the case, and it is dangerous to completely trust him with your business.

So I made my own claim.

The court's decision

The court decided that the charter flight is included in the tour package, so the tour operator is responsible for its delay. In December, three months after returning from vacation, the court partially satisfied my requirements and exacted from the tour operator:

  1. The cost of living in the hotel - 1153 R.
  2. Penalty for violation of the terms of travel - 3215 R.
  3. Moral damage - 20,000 R, 5,000 R for each family member.
  4. The penalty for refusing to satisfy the claim is 12,184 R.

The court refused to compensate for the cost of food at the airport and reduced the compensation for non-pecuniary damage. But even taking this into account, the amount of compensation amounted to 36,552 R - this is 34% of the cost of the tour.

Getting compensation

In February, two months after the court decision, I received the writ of execution. Now I had to get money. To do this, it was necessary to send the sheets to the bailiffs, and then wait until they initiate enforcement proceedings and forcibly recover compensation from the tour operator. The law allocates two months for this, but the period can be extended. In practice, receiving money is highly dependent on the quickness of the bailiffs and the perseverance of the claimant.

Another option is to receive compensation yourself through the defendant's bank, but for this you need to know what kind of bank it is. Sometimes the details of the tour operator's account can be found on his website or in the contract for the sale of tours.

My tour operator did not publish his details in the public domain, but I was lucky. Already when the claim was in court, he answered my claim and transferred compensation for phone calls to my account. He rejected the rest of the demands and stated that the carrier was responsible for the flight delay, but it didn’t matter anymore: having transferred the money to my bank account, he exposed his own, and when I received the writ of execution, I didn’t send them to the bailiffs, but simply took them to his bank.

A day after receiving the writ of execution, the bank transferred the money to me.

How to get compensation from the tour operator

  1. Keep all receipts, bills and call details. All requests and refusals - only in writing. If the flight is delayed, ask the airport to put a note about it.
  2. Demand compensation from the tour operator - for this you have 20 days after the end of the trip. In 10 days he must answer something.
  3. If the tour operator is silent or refuses to pay, sue him or complain to Rospotrebnadzor.
  4. Look for the account details of the tour operator on his website or in the contract. If the court is on your side, they will help you get the money faster.

There have always been and will continue to happen various force majeure circumstances that change people's plans. This also applies to the carrier. You cannot blame the carrier for adverse weather conditions, the execution of orders from state security agencies, or for inspecting the aircraft for technical breakdowns. However, if the airline could not prove its own innocence in the flight delay due to external factors, then it pays the passenger compensation in the amount established by the code or charter air transport. In any case, despite the fact that it was the reason, the airline must provide the passenger with a number of free services.

Flight delay: Aeroflot passenger rights

To begin with, it is worth clarifying that if the flight is delayed by no more than one hundred and twenty minutes, it is not the responsibility of the airline to pay compensation or provide any services. In this case, passengers should just be patient and wait for the next flight.

Since 2007, it has introduced some mandatory services that are included in the rights of a passenger in case of a flight delay.

If the plane did not leave on time and more than two hours have passed, people have the right to freely use the lounges and facilities for a passenger with a child under the age of seven.

Passenger rights to free meals

In the event that a flight is delayed, the rights of passengers include the receipt of soft drinks and you can also make two phone calls at a cost of not more than ten euros or send two e-mails.

The right to a hotel room, free meals in the restaurant and transfer

When a flight is delayed, passengers are entitled to receive a free hotel room if more than eight hours have passed since the flight was canceled during the day or six hours at night. Also, the airline is obliged to pay not only the room, but also food in the restaurant and transfer. It should be clarified that the night time starts at 22:00, and the morning time starts at 6:00.

Services provided by various airlines

In the event that a flight delay occurs, the rights of passengers different airlines may differ slightly. For example, Aeroflot, in addition to a free hotel room, provides its passengers with free luggage storage at the airport. Another company, KrasAir, pays not only for the room and delivery of passengers to it, but also for three meals a day.

Financial compensation

If there was a flight delay, the rights of passengers provide for compensation in the amount of twenty-five percent for each hour of waiting for the next flight. To receive money, you must have a special note on your ticket about the cancellation of the flight. You can get this seal from an airline employee.

When an unscheduled flight delay occurs at the airport, the passenger's rights also provide for the receipt of all of the above services, except for paying for three meals a day, completely free of charge.

Don't wait - act!

Do not think that airline representatives will run after each passenger, apologizing for the flight delay and providing the full range of their free services. If you do not want to spend a day, or even more, at the airport without normal food and comfortable conditions, you should take some actions yourself in case of a flight delay:

  • Find the administrator at the airport and take a document from him, which indicates the reason for the cancellation of the flight and there is a stamp with the actual time of departure.
  • Watch the time: after four hours, the airline is obliged to provide you with a hot meal, and if the flight is delayed by more than eight hours, a hotel room and transfer. If the airline refuses to provide these services, pay for everything yourself, but in no case throw away receipts.

Flight delay: passenger rights. Arbitrage practice

After you have waited for the next flight and arrived at your destination, write a claim to the airline, attaching all checks and documents needed for compensation as evidence. If the airline ignores the claims made, the passenger's rights include filing an application with the court. As court practice shows, if you provide all checks for extraordinary expenses that you incur due to a flight delay, whether it be food, medicine, the inability to attend pre-paid excursions, or a failed business meeting, you will be paid an amount that fully covers the costs as compensation . You have enough time to file claims and go to court - six months. During the same time, he considers claims and, if agreed, pays compensation. It is better to have a claim with all documents, checks and photocopies in two copies.

Use free services as needed

Of course, if there was a flight delay, and the airline is decent and does not abandon its obligations, you have the right to order at least a suite and dinner in the most expensive restaurant, but then it is you who will have to prove in court that this was a measure of necessity that must be pay the carrier. Therefore, it is best to get by with the most ordinary hotel room and an inexpensive restaurant. One way or another, but you can only pull off such a scam with a suite if the airline itself does not organize a stay in a hotel and meals for all passengers from a rescheduled flight. Otherwise, no one will pay for your whims.

Charter flights

It is a mistake to assume that the above rules apply only to regular flights. Not at all. Often there is a delay. The passenger's rights in this case provide exactly the same as in case of a delay of a regular flight: free use of lounges, soft drinks and hot meals, two free calls or two e-mails, luggage storage at the airport, a free room in hotel and transfer, payment monetary compensation. The exception is the United States: there, passengers of charter flights and small planes are not fined.

Most of the delay in charter flights is due to the fact that the airline does not have enough backup aircraft to send passengers on it, so people have to wait for their departure.

Overbooking

It is no longer a secret for many that airlines sell about five percent more tickets than available seats on board. This happens for one simple reason: the same five percent of passengers who have booked seats do not appear on the plane - they cancel the ticket at the last minute or are late. That is why, in order not to send the plane half empty, airlines resort to such a scam. However, the opposite also happens: sometimes all the passengers who have booked seats appear at once. In this case, the carrier is looking for so-called volunteers who agree to fly on the next flight, and the company will provide them with a voucher or bonus amount. Also, the carrier can provide a coupon for a free hotel room, transfer and meals, depending on the flight waiting time.

In the event that there were no volunteers for the departure on the next flight, those who booked seats later than the rest are forcibly disembarked from the plane. In the United States, passengers affected by overbooking are provided with compensation, the amount of which varies from the cost of an air ticket to three hundred dollars. During overbooking, EU countries provide passengers with the same services as in case of a flight delay.

If, due to a flight problem, you find yourself in a foreign country, but due to an expired visa you are unable to get into the city, feel free to contact the administrator with a request to call the immigration service and get an “emergency visa”. It is issued for forty-eight hours in special force majeure circumstances. It's hard to get it, but it's worth the effort.

Problems with luggage

After notification of the flight cancellation, the administrator or airline employee takes passengers to the exit and instructs them: tells them about food, hotel accommodation if necessary, free phone calls and other technical issues. If you need to collect your luggage, as you are going to go to a hotel on your own or just leave the airport, inform the airline representative about this. Usually luggage is sent to the belt, from where it can be easily picked up. If there were no things in the arrivals area, then most likely the carrier has already sent them to the next flight. Again, contact the airline representative to clarify this misunderstanding and collect your baggage. If it turned out to be lost, the airline will pay compensation in the amount of its full cost.

Will the money for the hotel room be refunded?

Many passengers have a quite logical question: will the daily cost of staying in a hotel be refunded, the room in which was booked in advance and was not used due to a flight cancellation. Answer: yes. Arriving at the hotel, you can demand a refund for a day's stay in the room.

https://www.site/2017-06-08/eksperty_obyasnili_s_chem_svyazany_zaderzhki_charternyh_reysov

“Neither tour operators nor air carriers were ready for such a demand”

Experts explain why charter flight delays are connected

Igor Grom

In recent weeks, information about delays in charter flights has appeared almost daily. The problem has already affected several thousand tourists: people wait for hours at airports for flights to resorts, mainly to Turkey and Greece. The charter program of the VIM-Avia airline was actually disrupted, and there were also delays, for example, at Pegas Fly, Rossiya, NordStar. Experts note that tour operators and airlines were not ready for the explosive demand for foreign destinations. The Federal Air Transport Agency instructed airlines to solve the problem with massive flight delays until June 20.

“This year, the demand for foreign tourism has grown significantly, and we expect it to reach the pre-crisis level. Neither tour operators nor air carriers were ready for such a demand.

That is, everyone implied that there would be growth, but, to be honest, they hardly believed in it, because there were no economic prerequisites.

However early booking went very well. But now we see reverse side this medal,” Mikhail Maltsev, Executive Director of the Ural Tourism Association, told the website.

Natalia Khanina

According to Yekaterinburg Koltsovo Airport, the number of passengers per international flights in January-May 2017 increased by 70% compared to the same period last year. If you look at the indicators only in May, the increase is even more significant - 81.5%. For comparison: the number of passengers per domestic flights increased in January-May only by 10%.

Headquarters in Rostourism headed by Mutko will solve problems with VIM-Avia charters

The most serious problems arose with the VIM-Avia airline, which explained the disruption of the charter program by a banal lack of boards and a sharp increase in passenger traffic. Thus, three aircraft of the airline failed to return from maintenance in time, which eventually led to the rolling nature of delays and transfers of the company's flights, and the company decided to cancel part of the charters. Transport prosecutor's offices in the regions announced an inspection of the airline. Yesterday, the Rostourism hosted the first meeting of the operational headquarters under the leadership of the Deputy Prime Minister of the Russian Federation Vitaly Mutko regarding the problems of VIM-Avia. Following the meeting, the department made a statement that, first of all, attention will be paid to sending tourists to southern resorts Russia. For those tourists who were going to fly to Turkey, Bulgaria or Cyprus, the Federal Tourism Agency is considering the option of adjusting the flight program in the direction of China, the Federal Tourism Agency explained.

In addition to VIM-Avia, tonight, for example, a flight from Yekaterinburg to Vietnam was delayed for 16 hours. Prior to this, many hours of delay were, in particular, at Rossiya and NordStar.

As Mikhail Maltsev explained, in recent years, almost every major tour operator from the TOP-10 has either acquired its own airline or signed a contract with an airline engaged in charter flights. “This is very costly, and due to significant lease payments, they simply do not have the opportunity to have reserve aircraft, unlike large air carriers like Aeroflot or Ural Airlines“, which mainly operate regular flights. And in the event of some technical difficulty with the aircraft, even if the backup aircraft is not at the point of departure, it can quickly arrive at the required airport, pick up people, and thus the problem will be solved in a short time with minimal costs, ”says Maltsev .

According to the expert, massive delays in charter flights may ultimately have a negative impact on the economy of the industry. On the one hand, demand may decrease again, and on the other hand, prices for tourism programs may increase in those areas where competition will decrease, Maltsev notes.

Meanwhile, today, June 8, the Federal Air Transport Agency issued an official announcement that until June 20 charter airlines must adjust their transportation program to deal with delays and flight cancellations. The head of the Federal Air Transport Agency, Alexander Neradko, pointed to the discrepancy between the programs of charter airlines and their real capabilities. “Over the past five months of 2017, there has been a significant increase in the volume passenger traffic, which account for 22% of the volumes of the same period last year. At the same time, charter airlines increased their performance by one and a half to two times. Such an increase in traffic volumes was not supported by the availability of an appropriate fleet aircraft and aviation personnel," the Federal Air Transport Agency concluded.

Unfortunately, not all trips go smoothly. A hitch with a flight occupies a special place in the list of popular difficulties among travelers. This happens not only on charter routes, but also on regular ones. What to do if there was a flight delay, what is the airline's passengers supposed to do? What free services and compensation can they expect?

Possible reasons for delays

No need to explain that the reasons can be very different. Sometimes these data can differ even between the employees of the airline and the airport. To establish the cause, the courts make requests to various airport services. So, these can be:

  1. Aircraft malfunctions.
  2. Weather.
  3. ship delay, etc.

Trying to figure out what passengers are supposed to do if their flight is delayed? When the flight is delayed due to circumstances beyond the control of the airline, then it will not be possible to claim material compensation. But it must provide certain amenities in the process of waiting.

This is where the first difficulties await travelers, not many of them understand their rights, for example, what is required for passengers if a flight is delayed by 3 hours, and it is unprofitable for airlines to offer it themselves. Therefore, the flag is in your hands, or rather, the FAR (Federal Aviation Regulations).

Obligations of the carrier in the event of a flight delay

The first thing the airport/carrier is required to do in the event of a delay is to inform travelers of the schedule changes and their reasons.

If information is not received by passengers, and it is not possible to find the company's agent, then the service of the Federal Air Transport Agency and tour operators should be notified about the situation. The former exercise leadership over the airline, while the latter are responsible to travelers for the services provided, as they have concluded an agreement with the carrier.

Ticket return

If, due to the fact that your flight is behind schedule, you have decided not to wait for the departure of the vessel, but to get on another airline or go home, then accordingly, you have decided to terminate the agreement on air transportation. It is forced, respectively, you can count on compensation in the amount of 100%.

These waivers also include:

  1. Reorganization of the route by the carrier.
  2. The flight is not on schedule.
  3. Failed departure of the traveler due to the lack of a seat in the cabin corresponding to the date and flight indicated on the boarding ticket, due to a lengthy screening of an airport employee, as a result of which no prohibited items and substances were found.
  4. Sudden illness of a passenger or his close relative with confirmation of this fact by a medical certificate.
  5. Failure to provide the traveler with the class of service corresponding to the purchased ticket.

In the event of a forced refusal, the airline puts an appropriate note on the ticket or issues a document explaining the circumstances of this refusal.

Travelers' rights in case of a flight delay

So, what should passengers do if their flight is delayed? Even if you do not have to wait long, but about 1 hour, you still should not let the situation take its course. Immediately after receiving information about the delay, you should go to the check-in desk and ask for detailed explanations. With such a slight delay, you are unlikely to receive an answer, since the employees themselves do not know what the matter is, but the main task of the conversation is to put a stamp on the delay. In subsequent proceedings, it will become irrefutable evidence.

The reasons for the delay may vary, but each traveler should have information about what passengers are supposed to do if their flight is delayed. The list of obligations of the airline includes:

  1. Travelers with children under the age of 7 must be provided with a pass to the mother and child room.
  2. Preservation of luggage until departure.

Agree that it is much more convenient to wait for a rescheduled flight, freeing your hands from luggage and settling in comfortable conditions with the children. The list of subsequent services that are the responsibility of the carrier depends on the length of the delay.

Delay time

Depending on the length of the wait, the passenger is provided with the following services:

  1. So, what are passengers supposed to do if their flight is delayed by 2 hours or more? The air passenger has the right to demand from the company the opportunity to make 2 phone calls at his expense to any city in the world and send 2 SMS.
  2. What else is due to passengers with a flight delay of 2 hours or more? The carrier must provide them with drinks of their choice in the right amount.
  3. Hot meals are provided to passengers in case of a flight delay of 5 hours or more. After that, feeding is carried out every 6 hours during the day and 8 at night.
  4. There was a flight delay of 6 hours, what should passengers do? After this time, all travelers must be provided with the following:
  • Hotel room before departure. A rest room is provided after 8 hours of flight delay during the day, after 6 hours - at night.
  • Transportation to the hotel and back.

Other compensation

All voiced services must be provided to the passenger free of charge. There can be no justification in this case, since the air carrier must take care of passengers under any conditions. Well, if the flight was delayed due to the fault of the organization, then get out with a hot lunch and hotel room she won't succeed. In addition to this, passengers are entitled to:

  1. A cash payment of 3% of the ticket price multiplied by the number of hours of delay.
  2. Compensation of 0.25% of the minimum wage multiplied by the number of delayed departure hours.

In total, for a delayed departure, an air passenger will be able to return up to 50% of the ticket price (depending on the length of the wait). If the flight was never completed, then, without any doubt, the full price of the ticket will be refunded in addition to other compensations. All of these amounts apply to Russian territory, in EU countries, the amount of payments is much higher. Depending on the time of departure and distance, an air passenger who has received a notice from the carrier about the cancellation of the flight in less than 2 weeks can expect compensation in the amount of 600 euros.

Important information

If the flight is delayed by 14 hours, what are the passengers supposed to do? With such a long flight delay, you should not wait long for the air carrier to pay for food and hotel. You can do everything yourself, most importantly, keep all payment documents (receipts, checks, etc.), since all the funds spent will be returned later, but, however, this will be done through the courts.

Don't know what passengers are supposed to do if their flight is delayed by 5 hours or more? And what to do if docking was supposed? Don't worry about transplants. If you were supposed to have a connecting flight, then the carrier will in any case have to provide a seat on another aircraft en route to your destination. You will not have to pay a penny extra for a ticket, even if you are placed in business class. But if you had ticket purchased in business class, and there are empty seats in the economy class, then it is imperative to insist on the return of the difference!

The flight delay time is calculated based on the data specified in the boarding pass. The carrier, at its sole discretion, may provide Additional services for the duration of the hitch, but they do not cancel the mandatory ones.

How to deal with a delayed charter flight

If you are going to make a claim, then you will certainly need a certificate of flight delay / cancellation. The handwritten boarding receipt must indicate the current time of departure and be stamped.

In case of failure to provide mandatory services while waiting for a flight, purchase them yourself, but be sure to keep all receipts. Upon arrival, present them to the tour operator, his task is to deal with the charter carrier and demand a refund.

What you need to know about charter flight delays

Air carriers of scheduled and charter flights share different types responsibility. In the latter case, the entire responsibility lies with the tour operator who chartered the vessel, and not with the carrier itself.

If there was a flight delay, what should passengers do? The law states that regardless of the reasons for changing the schedule, the carrier is obliged to provide the passenger with the necessary services indicated above within the established time limits.

The main thing to do is to get a stamp at the check-in desk about a delayed departure. If it is, then you can return your own funds that could be spent due to the fact that the carrier did not provide necessary services or did it in violation of the established time frame.

Disputes with reimbursement of funds can reach the court, but most often this does not happen, all claims are considered in the pre-trial order. You can apply for a compensation payment within 6 months from the date of the flight, the carrier / tour operator is obliged to consider it within 30 days.

Compensation payments in case of a flight delay on Russian territory

The obligations of air carriers and the rights of travelers to receive compensation for a change in the departure time of a vessel of a Russian carrier or a foreign organization that delayed a flight in Russia are regulated by the Air Code of the Russian Federation.

To receive a payment for a change in departure, you need to put a stamp at the check-in counter and also obtain a relevant certificate from an airline representative. Claims are accepted within six months from the date of flight delay.

The claim statement must be accompanied by a stamped plane ticket and a certificate confirming this fact. In addition, if you paid for the services yourself, all payment documents (checks for food, hotel, transport, etc. during the delay period) must be attached. The claim must be sent by registered mail with an inventory by mail or delivered personally to the agents of the airline. Be sure to make a copy of the letter for yourself. If the demand will be handed over to the representative personally, then do not forget to take from him a receipt for receipt. A response should be expected within a month from the date of departure.

If the flight is delayed by a European airline or within the EU

If the flight schedule of an airline registered in the EU or at an airport in the EU countries has changed, then what are the passengers supposed to do if the flight is delayed by 3 hours, for example? In this case, passengers are paid compensation, which can be refused only for several reasons:

  1. Terrorist act.
  2. synoptic conditions.
  3. Strike.
  4. Sabotage.

Atmospheric conditions are considered a reason for refusal only if all flights from that airport have been postponed.

To receive compensation, you need to study the regulations, and if your situation fits the provisions described there, then you can safely write a claim statement addressed to the air carrier. Send an email and wait for a response. If the carrier refuses to reimburse compensation, you can send a letter to the consumer protection society of the country from which the flight was made. If there is a refusal, then file a claim in the court of the same country.

The amount of the payment will depend on the duration of the delay, as well as the distance between the airports of departure and arrival.

Another way

The second way to get compensation is to seek help from Compensair, which takes care of all the paperwork to collect payments from the air carrier, from the initial application to pre-trial work with local consumer protection authorities in EU countries and litigation. By the way, you can check the possibility of receiving a compensation payment from a specific delayed flight on their website for free.

For the work done, the service charges a fee only with a positive result. You will not have to pay anything, Compensair will transfer the amount to you already minus the commission, usually its size is 25%.