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

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

Experts explain why charter flights are delayed

Igor Grom

In recent weeks, information about delays of 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 prepared for the explosive demand for foreign destinations. The Federal Air Transport Agency has instructed airlines to solve the problem of massive flight delays by June 20.

“This year the demand for foreign tourism has increased significantly, and we expect to reach pre-crisis levels. Neither tour operators nor air carriers were prepared for such demand.

That is, everyone implied that there would be growth, but, to be honest, it was hard to believe because there were no economic prerequisites.

Nevertheless early booking went very successfully. But now we see reverse side this medal,” Mikhail Maltsev, executive director of the Ural Tourism Association, told the website.

Natalya Khanina

According to Ekaterinburg 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 figures for May alone, the increase is even more significant - 81.5%. For comparison, the number of passengers on domestic flights increased by only 10% in January-May.

The headquarters at Rostourism, headed by Mutko, will solve problems with VIM-Avia charters.

The most serious problems arose with the VIM-Avia airline, which explained the failure of the charter program by a banal shortage of aircraft and a sharp increase in passenger traffic. Thus, three of the airline’s aircraft were unable to return from maintenance on time, which ultimately led to a pattern of delays and rescheduling of the company’s flights, and the company decided to cancel some charters. Transport prosecutors' offices in the regions announced an inspection of the airline. Yesterday, the first meeting of the operational headquarters under the leadership of Deputy Prime Minister of the Russian Federation Vitaly Mutko was held at Rostourism 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 planning to fly to Turkey, Bulgaria or Cyprus, Rostourism is considering an adjustment option flight program in the direction of China, explained the Federal Tourism Agency.

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

As Mikhail Maltsev explained, in recent years almost every large tour operator from the TOP 10 either acquired his own airline or entered into a contract with an airline engaged in charter transportation. “This is very expensive, and due to significant leasing payments, they simply do not have the opportunity to have reserve aircraft, unlike large air carriers like Aeroflot or Ural Airlines“, which primarily operate regular flights. And if some technical difficulty arises with the plane, even if the reserve plane is not at the departure point, it can quickly arrive at the required airport, pick up people, and thus the problem will be solved in short terms with minimal costs,” notes Maltsev.

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

Meanwhile, today, June 8, the Federal Air Transport Agency issued an official statement that by June 20, charter airlines must adjust their transportation program to solve problems with flight delays and cancellations. The head of the Federal Air Transport Agency, Alexander Neradko, pointed out 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 volumes passenger transportation, which amount to 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. This growth in transportation volumes was not supported by the availability of an appropriate fleet aircraft and aviation personnel,” concluded the Federal Air Transport Agency.

Hello, Anastasia. Perhaps a late answer, but still...

Of course, you can file a claim with the airline. In your claim, you can demand reimbursement of all expenses incurred by you due to the flight delay, including expenses for a hotel paid for at your vacation destination. Also, if the airline has not fulfilled its obligations under clause 99 of Federal Aviation Regulations No. 82, you can claim expenses for these services.

99. 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, or changes in the transportation route, the carrier is obliged to organize the following services for passengers at the points of departure and at intermediate points:
provision of mother and child rooms to a passenger with a child under seven years of age;
two phone calls or two messages by email when waiting for a flight departure for more than two hours;
provision of refreshments when waiting for flight departure for more than two hours;
provision of hot meals when waiting for a flight to depart for more than four hours and then every six hours during the day and every eight hours at night;
hotel accommodation when waiting for a flight departure for more than eight hours - during the day and more than six hours - at night;
(as amended by Order of the Ministry of Transport of Russia dated April 30, 2014 N 114)

delivery by transport from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee;
organization of luggage storage.
The services specified in this paragraph are provided to passengers at no additional charge.
For the purposes of this paragraph, the waiting time for flight departure begins from the time of departure of the flight indicated on the ticket.

Also according to Article 120 of the Air Code of the Russian Federation

For delay in delivery of a passenger, baggage or cargo to the destination, the carrier pays a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage charge, unless he proves that the delay occurred due to an insurmountable force, elimination of an aircraft malfunction that threatens the life or health of aircraft passengers, or other circumstances beyond the control of the carrier. If you flew to an EU country, then this amount, in accordance with EU Council Resolution No. 261/04, increases as follows:

Article 6. Delay

When the operating air carrier has reasonable cause to expect that the flight will be delayed from its scheduled departure time: (a) by two hours or more for flights of 1,500 kilometers or less; or (b) for three hours or more for all intra-Community flights over 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers; or (c) for four hours or more for all flights not falling in categories (a) or (b), the operating air carrier must offer passengers: (i) the assistance described in Article 9(1)(a) and 9(2) ); and (ii) where there is good reason to expect that the time of departure will be delayed by at least one day from the previously announced time, the assistance described in Article 9(1)(b) and 9(1)(c); and (iii) where the delay is at least five hours, the assistance described in Article 8(1)(a).
Either way, assistance must be offered within the time frames stated above for each distance interval mentioned.
Article 7. Right to compensation

In cases covered by this Article, passengers shall receive compensation in the amount of: (a) EUR 250 for all flights of 1,500 kilometers or less; (b) EUR 400 for all intra-Community flights of more than 1,500 kilometers and for all other flights over a distance of 1,500 to 3,500 kilometers; (c) EUR 600 for all flights not falling into categories (a) or (b). When determining the flight range, the basis should be the last destination at which the passenger cannot arrive at pre-arranged time due to denied boarding or flight cancellation.
When passengers are offered an alternative travel route to their final destination in the form of an alternative flight in accordance with Article 8, the arrival time of which does not exceed the scheduled arrival time of the originally booked flight(a) by two hours for all flights of 1,500 kilometers or less; or (b) for three hours for all intra-Community flights over 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers; or (c) for four hours for all flights not falling into categories (a) or (b), the operating air carrier has the right to reduce the amount of compensation referred to in paragraph 1 by 50%.
The compensation referred to in paragraph 1 must be paid in cash, electronic bank transfer, money orders or checks, or, with the written consent of the passenger, traveler's checks and/or other services.
The distances given in paragraphs 1 and 2 should be calculated using a great circle.

The period for filing a claim with the airline is 6 months.

There is no point in arguing with the tour operator, since the deadline for filing a claim is 20 days from the date of return.

If you have any questions or need help drafting documents, please contact us via chat.

Sincerely, Bulygin M.A.

Flight delays- This is a common occurrence in the work of air carriers. Passengers who fly often face this all the time. The reasons for this phenomenon can be completely different - from bad weather to technical problems.

Today, the legislation of most countries, including Russia and Europe, stipulates the liability of airlines for flight delays. Liability arises even in cases where the cause does not depend on the carrier.

Passengers who find themselves in such a situation are provided with a place in a hotel, food, communication services, and drinks. But the most important thing is that such passengers have the right to a cash payment.

List of documents for monetary compensation

To receive payment for a flight delay, you need to submit carrier airline claim in writing. Attached to it are documents (copies) that confirm the right to monetary compensation. These are the following documents:

• Air tickets with a note from airport services indicating that the flight was delayed. These may also be certificates certified by representatives of the airport or airline.
• Receipts, cash receipts that confirm the amount of expenses incurred.

You need to know that if the flight is delayed by domestic flight and the carrier company, respectively, is Russian, then all claims will be accepted for consideration in accordance with the legislation of the Russian Federation. If the carrier is an airline from another country, but the flight is delayed on the territory of the Russian Federation, claims are also considered under Russian law. But if the flight is delayed in another country, the situation will be considered according to the laws of the country in which the incident occurred. In this situation, it doesn’t matter whose airline it is.

Cash compensation for flight delays to the EU

In the European Union, the regulation of relations between a passenger and an airline is prescribed in Regulation No. 261/2004 of the European Parliament and the Council of the EU. According to the text of this document, the airline pays compensation for flight delays, its amount depends on the delay time and flight distance.

Cash compensation for flight delays in Russia

In Russia, such situations are dealt with by Article 126 of the Air Code of the Russian Federation. According to the article, a passenger can make a claim within six months from the date of arrival. This can be done using registered letter, with a full list of attached documents, or in person. It is better to keep a copy of the claim and receipts proving the sending of the papers for legal proceedings. You should go to court if the culprit refuses to pay compensation or if there is no response to your appeal.
In court, you will need documents: a statement of claim, a ticket with a note about the cancellation of the flight (or its delay), a written claim to the air carrier, documents confirming expenses for food, accommodation, cellular communications.

Regular flights and charter. Is there a difference in liability when a flight is delayed?

The question often arises: are there differences in the actions of injured passengers if the flight was a charter flight? First you need to understand the difference between a charter and a scheduled flight.
Regular flights are regular flights on a fixed schedule. In the case of international flights, all disputes are regulated by intergovernmental regulations. At any ticket office you can find instructions on booking, selling tickets, as well as flight cancellation situations.

Charter flights- these are flights that are organized according to a charter agreement between the airline and the tour operator. These flights often do not have an exact departure schedule (accuracy up to 3-5 hours). Flights to charter flights are purchased from the tour operator (owner of the charter), such tickets cannot be purchased at ticket offices.

Air ticket- this is an agreement between the passenger and the airline that the carrier is obliged to deliver the passenger and his belongings unharmed, and the passenger, accordingly, pay for these services.

The Air and Civil Code of the Russian Federation states that the airline bears responsibility for the cancellation or delay of a flight. Thus, it makes no difference which flight is delayed or delayed. When a flight is delayed, the carrier must provide the passenger with a range of services prescribed by law, and in some cases also pay compensation.

What is a Russian airline obliged to do if a flight to the Russian Federation is delayed?

If the flight is delayed by more than 2 hours:

1. The airline is obliged to provide the opportunity to make a telephone call (including abroad) or two messages by e-mail.
2. Must provide refreshments.

If the flight is delayed by more than 4 hours:

1. Hot meals are provided.
2. Further, hot meals should be provided every six hours during the day and eight hours at night.

If the flight is delayed by more than 6-8 hours:

1. Hotel accommodation during the day if the flight delay is 8 hours, at night if it is 6 hours.
2. Free transport from the airport to the hotel.

All of the above services are provided free of charge, regardless of whether it is charter or regular flight detained.

22 June 2017, 12:36

The peak of charter delays occurs in the summer, when masses of vacationers move to warmer climes. Sitting on suitcases at the airport is one of the nightmares of our tourists. PROturizm has collected a minimum of advice on how to correctly perceive this problem.

When the unpleasant message “flight delayed” appears on the board, the main thing is not to panic. It is always advisable to have a representative (of the airline or airport) come to meet you and explain what is happening.

Reasons for charter flight delays

There are various reasons for flight delays. Sometimes the data differs between the airport and the airline. To determine the exact reason, the courts make inquiries to weather and other airport services.

• Plane non-arrival
• Airplane breakdown
• Weather (meteo) conditions

If the flight is delayed for reasons beyond the airline's control, you will not be able to receive financial compensation. But in any case, the airline is obliged to provide you with certain amenities while waiting for your flight.

This is where the first difficulties arise - it is not profitable for airlines to confess, and passengers do not know their rights. So - the flag is in our hands, or rather FAP - federal aviation regulations.

Responsibilities of the airline in case of flight delay

The first thing the air carrier (or airport) must do is inform passengers about changes in the schedule and the reasons for the changes. This is stated in paragraph 92 of the FAP (Federal Aviation Regulations).

If the airline does not notify passengers and a representative cannot be found, you can complain about charter carriers to the Federal Air Transport Agency and tour operators. The first, since they are a higher organization above the airline. The second - as those who have concluded a contract for charter transportation, they are now responsible to passengers for the services provided.

What should you do if your charter flight is delayed?

If you intend to make a claim, obtain a certificate of flight delay (cancellation). On boarding pass The current departure time must be indicated (by hand) and stamped.

If you are not provided with mandatory services while waiting for a flight, buy them yourself, keep the receipts and submit the costs for reimbursement to your tour operator, and he will deal with the charter carrier. Please note that monetary compensation can only be obtained if the carrier’s fault for the flight delay is proven. In Russia, the amount of compensation for flight delay is determined at 25% of the minimum wage for each hour of delay, but not more than 50% of the ticket price.

Passenger rights in case of flight delay

According to paragraph 99 of the above air rules, if a flight is delayed, passengers with children under 7 years of age are required to provide a room for mother and child, and for the rest, organize luggage storage.

After two hours of waiting, air passengers are entitled to soft drinks and 2 phone calls or the opportunity to send two emails at the airline's expense.

So, if a flight is delayed, the airline is obliged to provide:

• after 2 hours - soft drinks and 2 telephone or email messages,
• after 4 hours - hot food, and then every 6 hours during the day (or 8 hours at night),
• every 6 hours at night (8 hours during the day) – free hotel accommodation (and transportation to and from it).

Unfortunately, for charters, rescheduling flights for up to 10 hours is acceptable. If the airline delays the flight for a longer period, the Law “On Protection of Consumer Rights” comes into force. Such a flight delay is a significant change in the terms of the contract between the tourist and the tour operator. In case of “loss of a day” of rest, Rospotrebnadzor comes to the protection of the Consumer and compensation can be obtained.

What you need to know about charter flight delays

Different types of liability are shared between scheduled and charter flight carriers. In the latter case, the tour operator that chartered the plane is responsible for transportation, and not the carrier itself.

For any reason for a flight delay, the air carrier is obliged to provide the passenger with the opportunity to make a call, refreshments, hot meals, and hotel accommodation within a certain period of time.

The first thing you need to do is get a flight delay stamp from the check-in counter. Then, if you are not provided with the necessary “conveniences” in due time, you can, as a last resort, order them yourself and then present checks for payment to the airline or tour operator. Here the showdown can bring you to court, but often it doesn’t come to that, and the claims are considered by the guilty party in a pre-trial manner.

You can file a claim within six months from the date of the flight, and the airline (tour operator) must consider it within 30 days.

Consequences of flight delays

Since the beginning of the season, the tourism community has been solving problems with the postponement and cancellation of VIM-Avia flights. In the case of charters, responsibility for transporting vacationers to their vacation destination passes to the customer of the transportation, that is, the tour operator.

The impressions of a long-awaited vacation may be blurred through no fault of yours. Reports of long flight delays and angry passengers whose rights have been violated appear regularly. It is important not to forget that the procedure for both tourists and airlines is clearly regulated. We will learn about how to behave and what you can count on if you find yourself in an unpleasant situation from the head of the legal department of Persona Grata Legal Agency LLC, Irina Dotsenko.

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In accordance with paragraph 99 of the Rules air transport, in the event of a break in transportation due to the fault of the carrier, as well as in the event of a delay or cancellation of a flight due to unfavorable meteorological conditions, for technical and other reasons, or changes in the transportation route, the carrier is obliged to organize the following services for passengers at the points of departure and intermediate points:

1. Providing mother and child rooms to a passenger with a child under 7 years of age;
2. Two phone calls or two emails when waiting more than two hours for a flight to depart;
3. Providing refreshments when waiting for a flight to depart for more than two hours;
4. Providing hot meals when waiting for a flight to depart for more than 4 hours and then every 6 hours during the day and every 8 hours at night;
5. Accommodation in a hotel when waiting for a flight departure for more than 8 hours during the day and more than 6 hours at night;
6. Delivery by transport from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee;
7. Organization of luggage storage.

These services are provided to passengers at no additional charge. The waiting time for flight departure begins from the flight departure time indicated on the ticket.

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It is quite possible to receive compensation from the airline in the event of a flight delay and failure to provide services required by law.

And here's what you need to do for this:

First, the passenger needs to contact the airline representative at the airport (airport employee at the information desk) and obtain a document confirming the flight delay (usually a note about the flight delay is placed on the itinerary receipt or boarding pass). Next, you need to collect all the receipts confirming the expenses you incurred due to the flight delay, and upon arrival at your destination, send a claim to the airline demanding compensation for moral damages. If the airline refuses to voluntarily satisfy your demands, you can go to court.

According to Federal Law No. 52-FZ of April 3, 2017, Russia joined the 1999 Montreal Convention on the Unification of Rules for International Air Transport, which has already been ratified by more than 120 countries. What will change for air passengers?

Rospotrebnadzor reports that bringing air legislation into compliance with the standards of the Montreal Convention will significantly improve the rights of consumers of services in the field of passenger air transportation by increasing the upper limit of compensation paid for violations of transportation rules.

If, according to the norms of the Air Code of the Russian Federation, the company’s liability for damage due to flight delay is 1875 RUB for each hour of downtime (but not more than 50% of the ticket price), then according to the new rules, compensation will be limited not to half the cost of the ticket, but to the amount of 332 thousand .RUB

The amount of compensation for loss of luggage by the carrier currently cannot exceed 600 RUB per 1 kg (for luggage) and 11 thousand RUB for hand luggage in case the value of the luggage cannot be accurately determined. According to the Montreal Convention, the carrier's liability in the event of destruction, loss, damage or delay is limited to an amount of approximately 78 thousand RUB in relation to each passenger.

The amount of compensation in case of harm to the life and health of a passenger, according to the Air Code of the Russian Federation, cannot be more than 2 million RUB. The Montreal Convention increases the specified limit by almost 4 times and provides that in relation to damage to the life and health of a passenger, if it does not exceed the amount of about 7.8 million RUB, the carrier cannot exclude or limit its liability.

As a result of the long delay, vacation time at the resort was reduced. To whom should tourists address their claims?

If the flight is charter, the claim is sent to the tour operator. If we are talking about a flight regular transportation, the claim can be sent either to the tour operator or to the carrier.

What is the chance of getting compensation for a flight delay?

By virtue of paragraph 1 of Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the passenger has the right to demand full compensation for losses caused to him in connection with violation of the terms of provision of services. In accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right.

Based on Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of the seller’s violation of consumer rights provided for by laws and legal acts Russian Federation, regulating relations in the field of consumer rights protection, is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.