Compensation for delayed flight. In EU countries

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

When is the airline at fault for delaying a flight?

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

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

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

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

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

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

Compensation for delayed flight, passenger rights

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

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

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

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

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

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

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

How much compensation is paid for flight delays?

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

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

When to file a claim with airline representatives

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

Read also the article ⇒.

Common mistakes

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

Flight delays or flight cancellations are quite common troubles that can confuse even an experienced traveler, especially if the trip includes transfers and connections. If the flight is delayed, the passenger can exercise his rights, and he has many of them. Moreover, it absolutely does not matter which airline is delaying the flight: a low-cost airline or a national air carrier, and whether the flight is regular or charter. The rights of the passenger in these cases are regulated by the Federal Aviation Rules (FAR) and the Air Code of Russia, which clearly define all possible situations and ways to resolve them.

The passenger has the right to know

According to the provisions of the Federal Aviation Regulations, representatives of the air carrier operating the flight must inform customers about the reasons and duration of the delay in take-off, even if the departure of a charter flight has been delayed. The information must be announced by the dispatcher over the loudspeaker and indicated with the appropriate text on the display in the airport building (clause 92 of the FAP).

Also, at the airline's check-in counter, its representative must provide comprehensive information about all the circumstances and reasons for changing the departure time. If there is no representative office of the airline company operating the flight at a given airport, airport representatives at the information desk must answer all passenger questions. The passenger has the right to demand that the airport representative provide complete flight data.

Important! By purchasing an airline ticket, the client enters into an agreement with the carrier for the provision of transport services, and the airline ticket form becomes written evidence of this fact.

Important! The client has the right to demand compliance with his rights to information (clause 74 of the FAR).

If the flight is delayed

What a passenger should do if a flight is delayed can be found out from the provisions of the current legislation and the FAP. Airline customers must demand compliance. In case of delay of departure, the airline is obliged to:

• Passengers traveling with children under 7 years of age are given access to the mother and child room;
• Provide free luggage storage.

When a flight is delayed for more than two hours, passengers must be provided with:

• 2 free phone calls and two emails;
• Providing drinks.

If the departure is delayed for more than four hours, the air carrier must provide hot meals to passengers at intervals of 8 hours during the day and 6 hours at night. Coupons are usually issued for certain restaurants at the airport.

If the aircraft's departure delay is longer than 6 hours at night and 8 during the day, the air carrier must, free of charge:

• place your passengers in nearby hotels;
• provide transportation from the airport to the hotel and back.

Important! Passengers do not have the right to share rooms with strangers, assign family members to different rooms without their consent, etc.

Additional Information. If the passenger is not satisfied with the hotel room provided by the airline, he can stay at his own expense and subsequently present payment documents for reimbursement to the airline's head office.

What to do if your flight is delayed

It happens that a passenger follows a complex route that includes one or more connecting flights. In such a situation, being late for a connecting flight due to a delay in the previous one due to the fault of the air carrier ruins the entire trip.

There are several nuances that passengers need to know:

1. If all flights are operated by one company and one ticket is issued. In this option, the passenger should not worry about anything - the airline is obliged, at its own expense, to send its client to the destination on its other flights, and the sooner the better, because delay increases the costs of the air carrier (food, passenger accommodation, etc.);

• If one air ticket is issued, and the flights are operated by two companies. There is no reason to worry here either. Since such connecting flights are carried out by partner companies, the company that is responsible for the passenger’s delay on the connecting flight is obliged to resolve all problems with its partner at its own expense and send the passenger on the next flight to the destination airport;
• Connecting flights are issued with different tickets and operated by the same or different airlines. The passenger should know that by purchasing different tickets and choosing connections on his own, he is at great risk, because in this case he is not a transit passenger. If the first flight is delayed, the connecting ticket is simply lost.

Important! If a ticket for a connecting flight purchased there and back is lost, then the return ticket is also canceled, as if the passenger did not show up for the flight.

Immediately after the announcement of a flight delay, you need to put a stamp on your air ticket - the corresponding mark from the airline representative. Next, you need to contact the other airline whose flight the passenger is late for and ask to make a reservation for the next flight without canceling the return ticket. Most often, airlines meet the needs of their customers.

If it was not possible to avoid unpleasant consequences, and the return ticket is cancelled, then you will have to buy other air tickets at your own expense, while keeping all receipts and receipts, as well as a ticket with a mark on the flight delay.

Subsequently, it will be possible to send a written claim to the office of the airline responsible for the delay, demanding compensation for the incurred expenses, attaching all financial documents and tickets to it. But according to the rules, in this case the company is not obliged to compensate the passenger for monetary losses, and he can only count on compensation for damages for the delay of the flight of the guilty company.

Important! The claim in writing must be submitted to the air carrier within 6 months after the incident, no later.

Let's consider in what cases the air carrier is not responsible for flight delays. There are a number of objective reasons that relieve the airline of blame for delaying the flight, regardless of whether it is charter or regular flights. These include the following:

• worsening weather conditions;
• the airliner is technically faulty;
• airport congestion;
• other force majeure circumstances (natural disasters, flight restrictions, etc.).

In all other cases, airline companies are responsible for the timely delivery of their customers to their destination, in particular:

• erroneously compiled flight schedule;
• the airliner or the aircraft crew is not ready to fly;
• a situation called overbooking: when air tickets are sold more than the number of seats on an airliner on a given flight (airlines often sell more tickets, because, according to statistics, several passengers always cancel their trips at the last minute);
• few tickets have been sold and the flight is unprofitable (often happens with charter flights);
• in all other cases, unless it is proven that it is force majeure.

If the flight delay was due to the fault of the airline, the situation can be resolved as follows:

• sending passengers to their destination on other flights;
• monetary compensation for damages and losses.

Important! The passenger should remember that if the airline sends him on another flight, even another airline, then he should not take any additional money from him, even if the route becomes longer and the air ticket is more expensive.

Monetary damages

In Russian federation

If the flight is delayed, passengers are entitled to monetary compensation. According to the laws of Russia, the calculation of the amount of compensation for damage caused by a flight delay is calculated according to the minimum wage: for an hour of delay of departure, 3% of the air ticket price is charged (Law “On Protection of Consumer Rights”), and 0.25% of the minimum wage for an hour of waiting, if In this case, the maximum possible amount of compensation is 50% of the air ticket price (“Air Code” of the Russian Federation).

In EU countries

Otherwise, compensation for a delayed flight in the European Union is calculated. A special resolution of the European Parliament regulates the responsibilities of air carriers and the procedure for calculating the amount of compensation payments.

These rules must be followed by:

• all air carriers whose starting point is an airport in an EU country (even, for example, Aeroflot or any other Russian air carrier flying from Europe);
• airlines registered as an air carrier in any of the Eurozone countries, if the final destination of the route is an airport located in the European Union.

According to this document, the amount of compensation to be paid to the passenger is determined based on the waiting time for the delayed flight and the flight distance.

Calculation of compensation amount

Attention: The internal data of table “45” is corrupted!

Important!If waiting for a flight for more than 5 hours, the passenger, at his request, must be reimbursed for the entire cost of the air ticket, even if it is necessary to return him to his original point of travel.

A passenger is entitled to compensation if their flight was cancelled, but they were notified of this less than 13 days before the travel date. The amount is calculated based on the waiting time for the alternative flight and its length.

IN THE USA

In the States, the situation with delayed and canceled flights is somewhat different. The law practically does not provide for compensation for damages from cancellation or long waits for departure, except in cases where a passenger does not board the plane due to overbooking.

In practice, airlines try to send clients on the next available flights, but if the air ticket costs more, the passenger pays extra himself. There are no preferences in the form of free phone calls, emails, or meals, unlike the rules of the Russian Federation and the European Union.

Documents for reimbursement of expenses

What should a passenger whose flight is delayed do? The first thing you need to do is go to the airline's check-in desk and find out why the flight has been delayed and ask to put a mark on your ticket indicating that the flight is delayed. In this case, a representative of the company must put a seal or company stamp on the air ticket. Then, when boarding the plane, you need to put a stamp on the departure time, also certified by a stamp. Thus, when submitting a claim to the central office of the air carrier, the flight delay will be officially confirmed.

Important! If there is no air carrier representative at the airport, the stamp can be placed at the information desk by airport representatives. But even if there is no mark on the delay, it is confirmed by many documents drawn up both at the relevant airport services and at the airline itself.

After checking into a hotel at your own expense, you must keep all payment documents regarding payment for the room and transfer between the airport and the hotel.

Upon return, you need to draw up and submit a claim to the company’s central office demanding payment of compensation, attaching all supporting documents (air ticket with marks, documents on additional unforeseen expenses, etc.).

Important! It should be remembered that you must submit a letter of claim before the expiration of 3 months from the date of the incident. The airline must respond within 1 month from the date of receipt of the complaint.

Important! When submitting a letter of claim, you need to prepare it in 2 copies and receive a note from company representatives with the incoming number and date of receipt on the second copy of the letter that you keep for yourself.

When considering a passenger's complaint, the case is reviewed according to the laws of the country where the incident occurred, regardless of the country in which the air carrier is registered. So, if an incident occurred at a Russian airport with the Lufthansa company, then the proceedings will take place in Russia, if the defendant is a Russian airline company in an incident on the territory of the European Union, then the case will be considered in the corresponding Eurozone country and according to the laws and regulations in force there.

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If your flight is delayed, if the route is difficult, there is too little time between connecting flights, and the trip is in danger of being disrupted, do not panic. Knowing your rights and the airline’s obligations to customers, you can not only successfully reach your destination, but also receive financial compensation for the inconvenience caused.

Issues related to the procedure for calculating and paying compensation for cancellations and delays of flights (including charter flights) in our country are regulated by the Federal Aviation Rules (FAR). The amount of compensation for disruptions to the schedule is prescribed in the Montreal Convention, to which the Russian Federation joined on August 21, 2017. The mentioned document notes that passengers of charter flights are entitled to compensation in the same amounts as passengers of regular airlines.

The Montreal Convention sets compensation for delay of a charter flight at 4,150 SDR (about Ք345,000) for each hour of overtime waiting at the airport. The amount of compensation in rubles may fluctuate depending on the SDR rate (an acronym for “Special Drawing Rights” - a universal means of payment used for settlements under the Montreal Convention, the rate of which is “tied” to the main monetary units of the planet: dollar, pound, euro and yen ).

The Convention does not apply to schedule delays caused by legal protests of airline/airport employees and force majeure of meteorological, climatic, social or economic origin (snowfalls, rainfall, thunderstorms, epidemics, earthquakes, floods, volcanic eruptions, acts of terrorism, military operations , local riots, coups d'etat and other force majeure circumstances).

Passengers who do not bother to ensure their timely arrival at the airport are deprived of the opportunity to claim compensation.

Rights of passengers on delayed charter flights

• 2 hours after the departure date indicated on the ticket – serving refreshments and providing the opportunity to make two telephone calls and send the same number of emails;
• after 4 hours - provision of hot meals (hereinafter - once every 6 and 8 hours during the day and night, respectively);
• after 6 hours – providing passengers with beds in hotels with delivery to and from the place of temporary accommodation.

The carrier is obliged to provide all of these benefits free of charge. In case of refusal, lawyers recommend that passengers pay for the listed services from their own funds, but be sure to retain documents/receipts/checks/receipts confirming the fact of payment and recover the costs incurred from the airline through the court.

Collection through court

The carrier will have to be “forced” to pay passengers the compensation prescribed in the Montreal Convention through the courts. In the case of charter flights, the responsibility for delivering people to their destination lies with the tour operator with whom the service agreement was concluded.

Documents confirming the fact of violation are

• certificate of flight delay (taken at the airport check-in counter);
• contract for the provision of air transportation services;
• tickets, boarding passes, baggage receipts;
• witness testimony (to obtain this, it is advisable to exchange telephone numbers with other comrades in misfortune);
• the previously mentioned receipts for the purchase of food, drinks, hotel and taxi payments.

Tour operators and carriers, as a rule, try not to bring matters to court battles due to the fact that, in addition to compensation to passengers, servants of Themis can collect substantial compensation for moral damage and “solder” significant fines for violating the terms of the contract.

If it was not possible to resolve the problem at the pre-trial stage, it is advisable to enlist the support of an experienced specialist in the field of aviation law, and then file a claim in court.

For those who want to “not bother” with finding a lawyer, it is advisable to use the services of specialized ones who specialize in claiming compensation from carriers as specified by law. These online assistants work for a percentage of the “knocked out” amount. Payment for services is made only if the problem is successfully resolved.

If an airline has canceled or rescheduled a flight, the first encounter with this situation causes panic. Especially when this happens with a transfer flight (intermediate flight with a transfer), implying a specific arrival time. However, an airplane ticket is a type of agreement with an airline that confirms a list of the carrier’s responsibilities.

These include:

• delivery of the passenger to the agreed place and time;
• taking care of clients in case of violation of their interests.

Knowing the nuances will allow you to navigate an unplanned situation, as well as solve the problem of flight delays or cancellations in the most effective way.

Reasons for flight cancellations

When a flight is invalidated, the carrier is not always at fault for the cancellation. Before making a claim for compensation for cancellation, the organization's office should find out the reason for such a decision.

The airline is guilty in cases where the cancellation of the flight is associated with:

• with inconsistencies in the schedule;
• with the aircraft not being prepared for the flight or cleaning being delayed before departure;
• failure of a passenger to check in due to overbooking: this happens when the number of tickets sold exceeds the actual number of seats;
• lack of benefit for the enterprise;
• the impossibility of providing evidence proving a satisfactory reason for canceling the flight.

The carrier is not at fault if the incident was influenced by:

• weather;
• natural disasters;
• military actions;
• transition of the state to martial law;
• introducing a ban or restriction on certain transportation routes;
• airline workers strike;
• damage to the aircraft that threatens the lives of customers.

If the departure was canceled due to unsatisfactory weather conditions, the action algorithm includes the following steps:

1. Before leaving for the airport, check that the flight will take place. This option is available in the online display on the airport website.
2. Make every effort to arrive without delay. In situations where there is the greatest amount of traffic congestion, use the subway.
3. Complete the registration procedure on the website owned by the air carrier. This precaution will provide a reserve of time, which will be very helpful if there is a delay on the way to the airport. By default, you need to arrive for the check-in procedure at least one and a half hours before your scheduled departure. If a printed boarding pass is present, the time limit will be reduced to 40 minutes.

Flight cancellation due to the airline's fault

When the company does not have evidence that the cancellation of the flight was influenced by unforeseen circumstances, the passenger has the right to claim a payment in the amount of 3% of the ticket price. The rate is calculated for every 60 minutes spent waiting.

The amount of compensation is specified in Art. 28 of Russian legislation regulating consumer rights (Article 5). Higher amounts are not provided in case of flight cancellation, however, the buyer is required to return the amount of money spent on the ticket or exchange the ticket for an alternative one available from the carrier.

Airline liability in the Russian Federation

The regulations established by the legislation of the Russian Federation apply equally to all companies that carry out air transportation of citizens. This does not depend on the name of the company.

Exempt from liability under Art. 794 Civil Code of an aviation organization in the following cases:

1. Natural Disasters.
2. Changes in the living conditions of society (epidemic outbreak or military operations).
3. Start of strikes (industrial or national).
4. Introduction by the state of restrictions on flights to certain destinations.
5. Removal or postponement of boarding time due to a defect in the aircraft, if this poses a threat to the health of clients.

Important! In most cases, airline companies cite these reasons, since in this case the carrier’s liability is minimal. Make sure the information provided is accurate.

Airline liability in the EU

Like Russian air hubs, European air terminals are not responsible for cancellation or delay of a flight due to extraordinary circumstances, if they were unavoidable even if all permissible measures were taken.

When the situation is related to overbooking (violation on the part of the carrier), inconsistencies in the compiled schedule and other internal processes, the culprit is the airline company. The actions and rights of companies providing air travel services, as well as their passengers, are regulated by Parliament Resolution 231.

The algorithm that should be followed if the departure time at a European airport is late is similar to the occurrence of such a situation in the Russian Federation. The proposed alternative would be another flight, or rescheduling the landing to a later date.

At this time, the passenger must provide:

• food and drink (within reason);
• hotel room (if delayed for 1 or more nights);
• delivery from the airport to your place of residence;
• 2 phone calls, fax and email.

Attention! Airline employees must inform clients about the algorithm of actions provided for a particular situation. If a force majeure event occurred and the company was unable to influence the course of events, the passenger is required to return the money spent on the purchase of the ticket, since the service was not provided. Please indicate on your ticket that the flight was delayed or cancelled.

It would be useful to take a photo of the board, where information about the cancellation of the flight or its delay is clearly visible. This will simplify the procedure for returning funds and receiving compensation payments. When faced with overbooking, the carrier must offer a voluntary cancellation of the flight to all customers who do not have enough seats. They are entitled to compensation in the amount of 250 to 600 euros. The amount depends on the flight distance.

If the required number of volunteers is not available, the buyer will be forcibly removed from the flight and the full amount spent on the ticket will be returned to him.

If the cancellation occurred several days before

During the call, the airline employee will offer a replacement flight option, which can be carried out by the original carrier or a third party. An alternative flight may be scheduled for a different date, and a connecting flight will be used instead of a direct route.

Attention! If you are not satisfied with the offer, the money spent will be returned in full. This condition is dictated by Order 82 of the Ministry of Transport. There are separate nuances for connecting types of flights.

An example is the situation of canceling a flight to a transfer point. Only part of the money will be returned, since the service was not half provided. The second tickets are handed over by clients independently in accordance with the general rules. If it is impossible to depart from a connecting airport, transportation is considered fundamentally unfeasible, so the passenger will receive a full refund.

If the cancellation occurred on the day of departure

If upon arrival at the airport you see a notice on the board that your flight has been cancelled, contact the airline counter immediately. They will offer another flight option a few hours later or refund the money spent on purchasing the ticket.

Important! If you are given the choice of another type of departure, resolve the issue immediately, since there may be no seats left due to reservations by other passengers who also arrived to board the canceled flight.

For those customers who agree to wait for the next plane, there are a number of advantages. If you have to wait more than 2 hours, you can count on the following:

1. Separate room for mother and child under 7 years old.
2. Two emails or phone calls sent.

For a wait of 4 hours, passengers have the right to receive hot food at intervals of 6 hours during the day and 8 hours at night. If the boarding procedure is delayed by more than 8 hours during the day and at night - from 6 hours, the list of privileges includes:

• accommodation in a hotel room at the expense of the airline;
• delivery to the hotel by airport vehicles and back (when the provision of accommodation is not burdened with additional payment);
• free storage of personal luggage.

Attention! Be sure to notify the company representative about the flight delay or cancellation. After going through passport control, you can find it near the gate that is reserved for boarding your plane.

What compensation can you expect?

You can apply for compensation only if the company does not have evidence of its non-involvement in the occurrence of a force majeure situation.

In the Russian Federation

The law regulating the protection of consumer interests obliges airlines to compensate passengers for each hour of waiting for a flight in the amount of 3% of the ticket price (Article 28, paragraph 5). The maximum payment amount does not exceed ½ the cost of the boarding pass. This is dictated by the Air Code (Article 120).

In the European Union zone

In the EU, the amount of payments is specified in the resolution of the Parliament and the Consulate. The rules are specified in Regulation No. 261. They are the same for all organizations providing air transportation services. This does not depend on the place of registration of the enterprise, since all flights over the EU zone, flights into the territory or departures from EU air hubs in any direction are included in the list of the regulation.

Payments are provided for all passengers, citizens of any country. The amount of compensation is related to the length of the flight in kilometers and the period of inconsistency with the agreed schedule.

For European airports, compensation payment rates are shown in the table below.

Important! If you were warned about cancellation in advance (at least 14 days), then you do not have the right to receive payment. In case of shorter periods, compensation is paid depending on the time for which the flight was delayed and the flight distance.

Reimbursement upon notification from 7 to 13 days before the scheduled departure and the offer of an alternative.

In case of warning within seven days or earlier.

IN THE USA

If the situation occurs in the United States, then food, calls or drinks to the affected passengers are not a prerequisite, since there is no such information in the legislation. However, it all depends on the policies of the individual company.

American laws do not provide for compensation even for long delays. Most carriers will exchange the flight for an alternative one (or help with the flight using a third-party aircraft). If the cost of a new ticket is higher, you will have to pay the difference from your own funds. Money can be returned or compensation paid only in case of overbooking.

List of documents for receiving payments

Cash compensation is issued upon provision of:

• flight information (number, route and time);
• reservation numbers (mandatory for most air carriers);
• boarding pass;
• letter confirming the reservation;
• ticket

Receipt options

The algorithm for receiving compensation yourself consists of several steps:

1. Submitting a claim in English.
2. Attachment of evidence and supporting documentation.
3. Sending a complaint with a package of papers to the company’s email account, by fax or through the official website.

If the answer has not changed, you can contact the authorities that monitor compliance with consumer rights and interests.

You can avoid unpleasant scenarios by contacting the airline's help desk or representative office in advance to clarify current information about the planned flight.

It will not be possible to completely eliminate cases of force majeure, so take with you in advance:

• additional battery for phone;
• cell phone charger;
• non-perishable food products;
• books, scanwords, magazines, etc.;
• personal hygiene products;
• amount to purchase another ticket.

Do not throw away receipts or tickets. You should also familiarize yourself with the company's internal regulations. There is a possibility of no liability if the flight is cancelled. This is a common practice on budget airlines. In case of violation of interests, go to court.

When should you file a claim in court?

According to the regulations of clause 1 of the VC, a decision on a request for payment of compensation must be made within thirty days (Article 128). If the airline organization rejects the application, it is possible to file a claim with the judicial authorities within 3 years from the date of detention or cancellation of the flight. This is stated in Art. 196 Civil Code.

To do this you need to present a package of documents:

• plaintiff's statement;
• ticket with a stamp indicating cancellation or late boarding;
• receipts for meals, hotel rooms, telephone calls during this period;
• papers that can confirm that as a result of the airline’s actions, the passenger suffered moral or financial damage;
• a written complaint previously sent to the carrier (proof of receipt and dispatch is preferred);
• response message from the airline.

Attention! If you are not confident in your abilities, try to resolve the issue pre-trial. It is unlikely that luxury accommodation and inflated food costs will be reimbursed. If they behave correctly, representatives of air hubs will make every effort to compensate for losses.

Return deadlines

The exact period for receiving compensation is not established by the legislation of the Russian Federation for the case of a client’s involuntary cancellation of a flight. Each company has an individual policy regarding timing, but often money spent on a ticket is credited back to the passenger account within 60 days. Some proceedings drag on for up to six months.

For European flights, the maximum processing time for a refund request and compensation does not exceed 7 days (Article 10 and Article 2).

Conclusion

If the organization is guilty:

1. If the boarding procedure is late from 2 to 4 hours, remind you of the right to 2 messages to airport employees. If you have a child under 7 years old with you, ask for a room.
2. Delay of 4 hours or more. You have the right to insist on receiving free food.
3. If the flight is delayed (for 6 or more hours at night or 8 or more hours during the day), request delivery to and from the hotel by the carrier, as well as payment for the hotel room.
4. In the EU zone, a delay of more than 5 hours entitles you to a refund, delivery to your original destination (for connecting flights) and compensation.

Don’t forget to document every violation: keep your receipts and take pictures of the flight board.

Various force majeure circumstances have always happened and will continue to happen, changing people’s plans. This also applies to the carrier. The carrier cannot be blamed for unfavorable meteorological conditions, the execution of orders from state security agencies, or for inspecting the aircraft for technical breakdowns. However, if the airline was unable to 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 air transport charter. In any case, regardless of 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 a flight is delayed by no more than one hundred and twenty minutes, the airline is not responsible for paying compensation or providing 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 when an aircraft flight is delayed.

If the plane does not depart on time and more than two hours have passed, people have the right to freely use rest rooms and facilities for passengers with a child under seven years of age.

Passengers' rights to free meals

In the event of a flight delay, passengers' rights include receiving refreshments and two telephone calls, costing no more than ten euros, or sending two emails.

Right to a hotel room, free meals in a restaurant and transfer

When a flight is delayed, passengers' rights include receiving a free hotel room if more than eight hours have passed since the flight was canceled during the day or six hours at night. The airline is also required to pay not only for the room, but also for meals 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

When a flight delay occurs, the rights of passengers on 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 transportation of passengers to it, but also for three meals a day.

Financial compensation

If a flight is delayed, passengers' rights include receiving 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 flight cancellation. You can obtain this stamp from an airline employee.

When an unscheduled flight delay occurs at the airport, the passenger's rights also include receiving 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 every passenger, apologizing for the flight delay and providing their full range of 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 from him a document indicating the reason for the flight cancellation and a stamp with the actual departure time.
• 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 under no circumstances throw away the 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 as evidence all the checks and documents necessary for payment of compensation. If the airline ignores the claims made, the passenger’s rights include filing an application in court. As a rule of law, if you provide all receipts for unscheduled expenses that you incurred due to a flight delay, be it food, medicine, the inability to attend pre-paid excursions, or a canceled business meeting, you will be paid as compensation an amount that fully covers the expenses . You have enough time to submit claims and go to court - six months. During the same time, it reviews the claims and, if agreed, pays compensation. It is better to have a claim with all documents, receipts and photocopies in duplicate.

Use free services as needed

Of course, if there is a flight delay, and the airline is decent and does not abandon its responsibilities, 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 should pay the carrier. Therefore, it is best to get by with a very ordinary hotel room and an inexpensive restaurant. One way or another, you can pull off such a scam with a luxury room only if the airline itself does not organize a hotel stay and meals for all passengers from the rescheduled flight. Otherwise, no one will pay for your whims.

Charter flights

It is a mistake to believe that the above rules apply only to regular flights. Not at all. Delays often occur. Passenger rights in this case provide exactly the same as in the case of a delay in 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 at hotel and transfer, payment of monetary compensation. The exception is the United States: there no fines are paid to passengers on charter flights and small planes.

Most charter flight delays occur because the airline doesn't have enough reserve planes to fly passengers on, so people have to wait for their flights.

Overbooking

It is no longer a secret to many that airlines sell approximately five percent more tickets than available seats on board. This happens for one simple reason: the same five percent of passengers who booked seats do not show up on the plane - they change their 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 passengers who have reserved 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. The carrier can also provide a voucher for a free hotel room, transfer and meals depending on the flight waiting time.

If there are no volunteers to take off on the next flight, those who booked seats later than others 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. When overbooking, EU countries provide passengers with the same services as in case of a flight delay.

If, due to problems with your flight, you find yourself in a foreign country, but because of an expired visa you are unable to get out 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, but it's worth the try.

Luggage problems

After notification of flight cancellation, the administrator or airline employee takes passengers to the exit and provides instructions: talks about meals, hotel accommodation if necessary, free phone calls and other technical issues. If you need to retrieve your luggage because you are heading to your hotel or simply leaving the airport, please notify your airline representative. Usually the luggage is sent to the belt, from where it can be easily collected. If there were no items in the arrival area, then most likely the carrier has already sent them on the next flight. Again, contact the airline representative to clarify this misunderstanding and receive your luggage. If it turns out that it is 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 completely logical question: will the daily cost of accommodation in a hotel, the room in which was booked in advance and not used due to flight cancellation, be refunded? Answer: yes. When you arrive at the hotel, you can request a refund for a night’s stay in the room.