The airline company is obliged to pay compensation for the flight delay. If it is not possible to resolve the conflict pre-trial, then you need to file a claim in a dispute with the airline and sort things out in court (follow the link for more information about the courts in this category of cases).
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Receive up to €600 compensation from the airline if:
- Flight delays
- Flight cancellations
- Denied boarding
- Missed transfer
Compensation can be received for flights within the last 6 years
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Reasons for delays
During the holiday season, tens of thousands of people use charter flights. Such transportation is attractive because of its accessibility, but it also has many disadvantages:
- Flights are often delayed and rescheduled.
- Food standards for passengers on the plane are strictly limited.
- The quality of service is low.
- Low level of comfort, since ships with an increased number of seats are rented for flights.
- Airplanes are often economy class.
The main reasons for inconsistencies in the schedule are the priorities of air traffic controllers - the first thing they always try to do is adjust the schedule of regular flights.
Also, the departure time is postponed due to technical malfunctions of the aircraft. In such cases, passengers on regular routes are necessarily provided with another plane, and those who have purchased charter tickets have to wait for their ship to be repaired.
Important! Flight times may be moved to earlier hours. Tour operators are required to notify their clients about this 24 hours in advance, but even with these conditions, not everyone can get to the airport on time if they are traveling from afar.
Delay due to the airline's fault
Now let's talk about situations in which the carrier is guilty of canceling or rescheduling a flight:
- If there is a discrepancy between the information about the actual departure time and the information on the board;
- If the aircraft crew is not ready or cannot perform the flight;
- When selling more tickets than the plane can accommodate;
Information
Most airlines sell more tickets than the plane can accommodate. This is due to the fact that, according to statistics, about 5% of people do not show up for a flight, and selling tickets in excess of the norm allows you to make a large profit. If you do not have enough space on the plane due to the actions of the airline, then you should be paid compensation.
- If the flight was canceled due to its unprofitability.
First steps when your flight is delayed
A claim for flight delay to the tour operator is made only after returning home and calculating all losses. When receiving information about a change in the schedule, you must ask a company representative about the reason for the delay and clarify the departure time. Next, be sure to put the appropriate mark on your boarding pass. This is done at the information desk at the airport.
If representatives of the flight organizer during a flight delay do not provide passengers with the required drinks, communications or hot meals on their own, you need to demand them or collect receipts for everything on which additional funds were spent in order to further receive compensation.
Important! If the flight is delayed, the passenger has the right to cancel the trip and get all the money back. To do this, you must notify the airline of your desire to terminate the agreement. When providing another aircraft, there should be no additional payments; all costs fall on the shoulders of the guilty party.
Sample complaint to a tour operator for flight delay
Based on the Air and Civil Codes of the Russian Federation, the airline bears all responsibility for delay or cancellation of a flight, regardless of whether it is a charter flight or a regular one. Accordingly, there is no difference between types of flights. In any case, if a flight is delayed, the airline must provide passengers with a range of services established by law, and in some cases, pay monetary compensation. Compensation for delayed flights in Russia If we talk about Russian legislation, then, according to Article 126 of the Air Code of the Russian Federation, a passenger has the right to file a claim against the airline within a period of six months from the moment of arrival at the destination. The claim statement can be submitted in person or sent by registered mail with a full list of attached documents. The carrier is required to make a decision on your claim within 30 days.
Amount of compensation for charter flight delay
According to Russian legislation, only the travel agency always pays penalties for delays in charter flights. Passengers are protected by Article No. 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation” and the “Law on the Protection of Consumer Rights”.
For rescheduling a flight and delaying departure, a travel agency is obliged to pay all passengers 25% of the minimum wage established in the region for each hour of delay. Taking this into account, the total amount should not exceed half of the cost of the entire flight.
In Europe, airlines provide other financial compensation. If the flight is delayed by more than 3 hours, passengers receive 290-590 euros.
Important! No compensation for charter flight delay will be paid unless the cause is unforeseen circumstances. For example, natural disasters, the threat of a terrorist attack, ship breakdown and other threats to the lives of passengers.
What can you get additional compensation for?
You can collect payment from a travel agency for more than just air tickets. If the transfer of the flight led to a reduction in rest days, then all lost services must be compensated. For a missed night at a paid hotel, meals and planned entertainment, you can receive a refund or an offer to replace services. Agencies often offer clients additional excursions, entertainment events, three meals a day instead of breakfast, and more as bonuses.
Regardless of the fines already imposed, the tour operator may also be required to pay moral damages to clients. You can determine its size yourself, but only the court will determine the final amount. To receive compensation, you need to correctly fill out the documents to file a claim and enlist the support of an experienced lawyer.
Claim for payment of a fine and compensation for losses caused by flight delay
To the head of ……………………………….. (name of the airline) ………………………………………………… (address of the airline) from ………………. …………………………….. (full full name) …………………………………………… (registration address) …………… …………………………………… (phone number)
“…..” ……………….. 20….g. I bought a ticket for your airline for a flight on the route ………………………………………………………, flight number ……………………………
I paid for the ticket
…………………………………………………………………………………………. (……………….) rubles.
The time and date of departure of flight No. ………… are indicated in the air ticket “…..” ……………….. 20….g …….. hours ….. minutes local time.
"….." ……………….. 20…., upon arrival at the airport, I found out that the flight was delayed for ……… hours. After ……… hours it was announced that there was a ………-hour delay of the flight , and after another ……… hours it was announced that the flight would be postponed to the next day. The total flight delay was …… hours ……. minutes. The fact of a flight delay is confirmed by a mark made on the ticket form at the airport of arrival.
Having purchased a ticket for an air flight by your company, in accordance with clause 2 of Article 786 of the Civil Code of the Russian Federation, clause 1. Art. 105 of the Air Code of the Russian Federation and clause 44 of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, Consignees (Order of the Ministry of Transport of Russia dated June 28, 2007 No. 82), I entered into an agreement for the air transportation of passengers with your airline.
Having delayed flight No.………. for …… hours ……. minutes Your airline violated Article 4 of Federal Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights” regarding the term of the contract.
In accordance with the provisions of Article 120 of the Air Code of the Russian Federation, for delay in delivering a passenger to the destination, the carrier must pay 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 force majeure, elimination of an aircraft malfunction, or other circumstances beyond the control of the carrier.
In my case the penalty is
…………………………………………………………………………………………. (……………….) rubles.
In case of any delay in flight departure , the air carrier, in accordance with the requirements of clause 99. of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, and Consignees, is obliged to organize a strictly defined set of services for passengers free of charge. However, your airline did not comply with the requirements of aviation regulations regarding the provision of meals, hotels, and luggage storage.
According to Article 393 of the Civil Code of the Russian Federation, the carrier is obliged to compensate for losses caused by violation of the conditions
Due to a flight delay of more than ………….……. hours, I was forced at my own expense
pay:…………………………………………………………………………………………………………………………………….. (indicate monetary costs that you can document)
— services for storing my luggage at the airport……………. rubles; – taxi travel from the airport to the hotel and back……………. rubles; - hotel accommodation ……………. rubles; – dinner and breakfast at the hotel……………. rubles; — soft drinks and food at the airport……………. rubles; - medications.…………………………………………….…….. in the amount of…….……. rubles; (for pain, for headaches, to lower blood pressure, etc.) - long-distance telephone conversation ……………………..………… due to necessity (family, travel agency, partners, hotel …) report flight delay .…………. rubles; — international telephone conversation…………………….………… due to the need (to family, travel agency, partners, hotel…) to report a flight delay.…………. rubles; — Internet cafe services to inform ……………………………… due to the need (to family, to a travel agency, to partners, to a hotel…) to report a flight delay .…………. rubles;
Due to the flight delay, I suffered direct losses in the total amount of …………………………………………………………………………………………. (……………….) rubles.
Due to the flight departure delay for …………. for hours I was forced to stay at the airport, together with passengers of other flights, in conditions unsuitable for long waiting. The waiting areas were occupied by women, children and the elderly. At first I had to just walk around the airport and then sit on the floor. Because I have problems …………………………… ………………….. ………………………………………………………………..…… ….………………………..…..
(disease of the spine, legs, excess weight, after surgery, etc.)
Walking around the hall for a long time and sitting on the floor caused me physical and
mental suffering .
In addition, I experienced negative emotions that due to the flight delay I had to urgently reconsider my plans for that day. Based on Articles 4, 15 and 29 of the Federal Law “On the Protection of Consumer Rights”, Article 120 of the Air Code of the Russian Federation and Article 15 of the Civil Code of the Russian Federation
I beg:
- Voluntarily pay me a fine for delayed flight departure in the amount of …………………………………………………………………………………………. (……………….) rubles.
- Compensate for direct losses in the amount of …………………………………………………………………………………………. (……………….) rubles.
In case of refusal to voluntarily satisfy my legal demands, I will be forced to go to court with a statement of claim for forced collection of: - a fine for delaying flight departure in the amount of …………………………………………………… ……………………. (……………….) rubles. - direct losses caused by flight delay in the amount of …………………………………………………………………………………………. (……………….) rubles. - compensation for moral damage on the basis of Art. 13 of the Federal Law “On the Protection of Consumer Rights” and Article 151 of the Civil Code of the Russian Federation, caused to me by a flight delay due to the fault of your airline in the amount of …………………………………………………………………… ……. (……………….) rubles. — a fine to the state in accordance with clause 6 of Article 13 of the Federal Law “On the Protection of Consumer Rights” for failure to comply with the voluntary procedure for satisfying consumer requirements.
Applications:
Copies of the air ticket and all documents confirming your financial expenses.
“…..” ……………….. 20….g. ………………………… / ……..……. (signature)
Passenger rights in case of flight delay
Everything that passengers must receive from representatives of the tour organizing company or carrier is specified in the aviation regulations of the Russian Federation. When changing the flight schedule, passengers are required to provide free of charge:
- Mother and child room if adults are flying with a child under 7 years old. A separate room is provided if the flight is delayed for any time, even just 15 minutes.
- The flight has been postponed for 2 hours - we must provide cold or warm drinks and communications. Each passenger is entitled to 2 free phone calls or the opportunity to send 2 emails.
- If necessary, ensure the safety of luggage.
- Hot meals are provided if the flight is delayed by 4 hours. In the future, the responsible party must provide meals to passengers every 6 hours during the day and every 8 hours at night.
- If the flight is delayed for 6 or more hours at night, everyone is entitled to an overnight stay. Hotel accommodation and transfer are paid by the guilty party. During the day, a flight delay of 8 hours is required to provide a hotel room.
Cases where employees refuse to perform their duties occur frequently. In such situations, it becomes necessary to file claims with the carrier.
Common reasons for filing a claim with a travel agency operator
In our country, situations in which travel agency employees show unprofessionalism during the provision of services are, unfortunately, not uncommon. This situation forces dissatisfied customers to write a corresponding complaint.
Like any other consumer rights, customer rights can be found in the articles of the Law “On Protection of Consumer Rights”.
As a rule, in order to make a claim regarding unlawful actions on the part of a travel agency, one of the following grounds must be present:
- The flight included in the price of the purchased tour was canceled or delayed;
- A room in a hotel complex booked by a travel agency turned out to be occupied, as a result of which tourists had to book and pay for a new room on their own;
- The living conditions at the hotel were completely different from those described by the travel agency employee;
- Many services were provided for an additional fee, but when purchasing a voucher, these items were included in the full price;
- Any other reasons as a result of which the vacation was disrupted and the clients of the travel agency had to incur additional financial expenses.
If you are faced with one of the above reasons, feel free to file a claim, the addressee of which will be the travel agency. Failure to comply with these points is a gross violation of your rights, and, as a result, you may demand a refund.
How to file a claim against a tour operator
It is the travel agency that is responsible for delays in charter flight departures, since the flight is included in the tourism product they provide. The claim must be made according to clear rules.
To apply, the tour operator must collect all copies of available documents:
- passenger identification documents;
- checks for payment of allotted food, drinks, overnight accommodation, etc.;
- boarding pass with a delay mark.
In the text of the application, you must describe in detail the current situation and your demands - reimbursement of expenses and moral damages. If the passenger purchased only a ticket, and not the entire travel package, then the claim is filed against the airline.
Sample claim
A sample claim to a tour operator for a flight delay can be viewed here.
Deadline for filing and consideration of a complaint
When filing a complaint directly with the tour operator, the claim must be considered within 20 days from the end of the tour. After receiving the application, the company is obliged to respond within 10 working days. If the complaint is ignored, the passenger has the right to go to court.
If the claim is addressed to the airline, then it can be filed within six months from the date on the ticket. The airline must respond within a month.
To guarantee a response, it is recommended to send the application by registered mail or hand it over to representatives of the guilty party during a personal visit. In the latter case, it is better to have 2 copies of the application. Leave one with the company, and keep the other with the signature and data of the person who accepted it.
Claim
If such a situation occurs, the air carrier has not fulfilled its obligations towards passengers and is not going to somehow compensate for this, then the affected airline customers have the right to send a claim to the air carrier, demanding compensation.
Passengers must collect all documents that confirm the fact of the incident and the company’s guilt in violating the contract.
You need to collect as many documents as possible. These may be checks, receipts and other documents confirming additional costs incurred while waiting for departure. That is, if passengers used a hotel, transport, bought food and drinks at their own expense. It would be useful to take photographs of the display board, where both the flight status and the current time will be visible. If necessary, the video will be able to describe the inconveniences that arose during a flight delay at the airport.
Airport employees must record a special note on the ticket indicating the actual time of boarding. Everything must be certified by the airline's stamp. This can be done at the terminal where you checked in for the flight. But even if you couldn’t find airport workers, it’s not a big deal. The ticket still indicates the departure time, and the delay will be recorded in the airport documents.
According to the rules, claims can be made to domestic airlines within 6 months from the date of the incident. In the UK, for example, this period is years. According to the Montreal Convention, in Europe a claim can be filed within 2 years after the breach of contract.
When all the documents have been collected, you need to take a sample application for compensation for flight delays, and describe in detail everything that happened, with all the details. Then attach all the collected checks and receipts to the application, and submit your claim to the air carrier representatives at the place of arrival or departure. If it is impossible to find any, then it is better to send a registered letter to the legal address of the airline. This will give more confidence that the request will not be lost and will be considered.
Lawyers recommend making copies of all documents that will be collected. This is evidence of the airline's guilt, and may be needed to bring it to court if the airline does not want to voluntarily consider the claims and compensate for the damage caused. You can, of course, file a complaint on the airline’s website. But, most likely, such an application will not be considered.
If the airline does not respond to the application within a month, then passengers have the right to go to court. It is advisable to enlist the help of a competent lawyer, because it is very difficult for a passenger to win a dispute with an air carrier on his own.
It must be remembered that all rules and deadlines for filing a claim must be followed. You can turn to special services that help passengers get compensation back. On their websites you can also find a sample application for compensation for a delayed flight. By filling it out, you can calculate the amount of the due payment and enter into an agreement with lawyers who will draw up a claim and conduct the necessary pre-trial negotiations with the airline. But, the services of such services cost a lot of money. In the case of European carriers, the gamble may be worth the candle. But the compensation that is due in the event of an incident with domestic carriers is several times lower. Therefore, before starting legal proceedings, you need to weigh everything. Passengers may not want to take the matter to court.
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But it is necessary to fight for your rights. According to statistics, only a small part of people who have ever experienced a flight delay file a claim with the airline. For various reasons, but more often because they do not know that they have many rights, that they can and should protect their interests.
Unfortunately, many domestic airlines suffer from non-compliance with air transportation rules and simply systematically delay flights. The Ministry of Transport intends to increase the level of compensation for such incidents. To make airlines feel more responsible to their customers.
Of course, carriers are not at fault in all cases of flight delays. There are situations beyond the control of transport companies. But in most cases, aircraft delays are due to poor maintenance. And in many regions, frequent delays in air transport, which lead to people spending many hours in uncomfortable conditions, have come under the close attention of the prosecutor’s office. And, as expected, passengers will be able to claim as compensation not only the cost of the flight, but also other associated losses, such as disrupted important events that lead to moral damage.
I would like to once again remind all passengers that their rights apply not only to regular flights, but also to charter flights, which most often “sin” with various delays from schedules. The airline is responsible in any case.
Going to court
If the company ignores its duties or refuses to fulfill them, the passenger with the collected package of documents must go to court. The statement of claim is accompanied by the same checks, receipts for expenses, a copy of correspondence with the tour operator and all papers confirming the position of the plaintiff. The Civil Code of the Russian Federation should be followed when drawing up, but there are no strict rules. The main thing is to comprehensively outline the entire situation, your requirements and accurately indicate the amount of compensation payment.
If you wish, you can first file a complaint with Rospotrebnadzor. This will strengthen the plaintiff's position and fine the culprit.
Travel companies often charter aircraft from airlines to transport their clients to their holiday destinations, but rarely admit responsibility for delays. Every passenger has the right by law to receive compensation for a ruined vacation. To do this, you just need to be responsible about collecting receipts for your expenses and correctly draw up a claim to the guilty party, and, if necessary, go to court.
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Deadlines for filing and consideration of complaints
The claim statement can be sent to the travel agency within 20 days after the expiration of the travel contract. As a rule, the contract terminates when the traveler arrives back, unless otherwise provided by separate clauses of the document. After 3 weeks, the agency has the right to refuse to consider the complaint.
The period allotted by law for consideration of a claim and preparation of a response is 10 days. If during this time the company has not provided its response, then the tourist can appeal to Rostourism and the court.
If the company has agreed to return the money to the client, then the funds must be transferred within 7 days from the date of notification to the applicant.
