Obligations of the airline to delay a charter flight. The penalty for delaying charters will be severe. In what situations is the airline not to blame for the flight delay?

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

To date, the legislation of most countries, including Russia and Europe, stipulates the liability of airlines for a flight delay. 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, meals, communication services, and drinks. But most importantly, such passengers are entitled to a cash payment.

List of documents for monetary compensation

In order to receive payment for a flight delay, you must submit a claim to the carrier in writing. Documents (copies) confirming the right to monetary compensation are attached to it. These are the following documents:

Flights with a mark from the airport services about the fact of a flight delay. It can also be certificates that are assured by representatives of the airport or airline.
Receipts, cash receipts, which confirm the amount of expenses incurred.

You need to know that if the flight was delayed on a 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 of another country, but the flight is delayed on the territory of the Russian Federation, claims are also considered according to Russian law. But if the flight is delayed on the territory of another country, the situation will be considered according to the laws of the country where the incident occurred. In this situation, it does not matter whose airline.

Cash compensation for a flight delay in 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 a flight delay, its amount depends on the time of delay and the distance of the flight.

Cash compensation for a flight delay in Russia

In Russia, such situations are dealt with by Article 126 of the Air Code of the Russian Federation. According to the article, the passenger can file a claim within six months from the date of arrival. This can be done by 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 papers for litigation. You should go to court if the perpetrator refuses to pay compensation or if there is no response to your appeal.
The court 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 the cost of food, accommodation, cellular communications.

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

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

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). Air tickets for charter flights are bought from a tour operator (charter owner), you cannot buy such tickets 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 safe and sound, and the passenger, accordingly, pay for these services.

The Air and Civil Code of the Russian Federation stipulates that the airline is responsible for the cancellation or delay of a flight. Thus, there is no difference which flight is delayed or delayed. In the event of a flight delay, the carrier must provide the passenger with a set of services prescribed by law, and in some cases also pay compensation.

What is a Russian airline obliged to do in case of a flight delay in the Russian Federation?

If the flight was delayed by more than 2 hours:

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

If there is a flight delay of more than 4 hours:

Hot meals are provided.
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:

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

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

In this article, we will consider the varieties, difference, difference between charter flights and regular regular flights.

Traveling abroad has become an integral part of our lives. However, many tourist destinations are still expensive for most citizens of our country. Therefore, charter flights are in great demand. After all, the cost of tickets for this type of air travel is much lower.

We will consider what types of charter flights are, what are their advantages, and whether it is possible to get abroad with their help. In addition, we will analyze how and where you can buy a ticket, and what kind of food carriers can offer passengers.

What is a charter flight: varieties, are there international ones?

The concept of "charter" means an agreement between a transport company and a charterer, which allows the carriage of passengers. As a rule, the term of the contract is one-time or regular. Charter flights are:

Marine
River

There are several types of such transportation:

Shuttle (plane or ship delivers one group of passengers and picks up another)
With sediment (the duties of the captain or pilot include: delivering people to the place of arrival, waiting for the expiration of the tour package, transporting passengers in the opposite direction)
Split (this is a combination of both charter and regular transportation; people get from remote points of their place of residence to the main airport and then continue on a regular flight)

Charter flights can be classified according to the location of the final destination. Therefore, allocate:

International
Domestic (when transported within one country)

Often only with the help of charter flights you can get to your destination. Therefore, most major travel companies buy out the service seasonally. Thus, it is possible to reduce the cost of the ticket, which means that the price of the ticket will not change.

What is the difference between a charter flight and other regular flights: explanation

Charter flights have several distinctive features compared to regular flights. The main ones are:

No classes (all passengers fly under equal conditions)
Seat size (narrower on charter flights)
Late and delayed departure (in case of an unforeseen situation, regular flights are the first to be released at the airport)
Unplanned change in departure or arrival time
Lack of early booking option
Affordable cost

No transfers
If the trip is canceled, the ticket cannot be returned, and its cost is not compensated
Bonus points for cooperation with the airline are not awarded
Need to adapt to flight schedule
Meals may be extensive, minimal, or non-existent, as the service is ordered by the company that provided the travel packages.

Charter flights are not always inconvenient. After all, with their help you can get to almost anywhere in the world at the lowest price and without the need for a transplant.

How to find out: charter flight or regular?

In order to find out which flight you are going to fly, you need to pay attention to the following factors:

The number of charter flights has 4 digits, and the number of regular flights has only 3
The airline's website indicates the intended type of flight.
In most popular resort countries, there is a practice of separating flights. Therefore, it is necessary to clarify at which airport you will be landing. So you can understand if the flight is charter
On sites for searching and buying tickets, it is possible to specify the desired type of flight

In the case of purchasing a ticket through intermediaries, it is imperative to clarify whether the flight will be regular or charter. Since the departure time of the latter can change just a few hours before the one indicated on the ticket. Also, information about charters is displayed on the information board at the airport no earlier than 24 hours before departure.

Why are charter flights cheaper than regular ones, are they fed on charter flights?

Everyone knows that the cost of a charter flight is significantly lower. This is due to a number of different factors that allow you to reduce the price of air tickets. The main ones include:

Full payment of the cost of tickets for all passenger seats (since the travel company rents transport for a certain period of time, the total cost of the service is calculated as a percentage for each of the clients who purchased a tourist package and went on vacation on this flight)
Absence of a regular long period for the implementation of transportation (due to this, the need for daily technical inspection and maintenance of the aircraft is reduced)
For charter flights, as a rule, older aircraft are used
A large number of passengers (since the seats are narrower, the aircraft is able to accommodate more vacationers)
Charter flights are rarely used for long distance travel.

There are also several features regarding the nutrition of passengers. The most significant of them are the following:

Meals and menus are chosen by the company that rented the vehicle
Drinks and food may be included in full or in part
A travel company may refuse the menu and customers will be deprived of the opportunity to order something throughout the entire journey.

Therefore, it is necessary to check with the travel agent whether meals are provided on board the aircraft, as well as how long the flight will last.

Why are charter flights bad, how often are they delayed and how long can they be delayed?

Despite the low cost and lack of transfers, charter flights have a number of negative characteristics. These include:

Inability to exchange a ticket or refund its cost
Frequent flight delays
Impossibility of early booking
It is impossible to predict whether the power will be turned on
It is not possible to choose a seat in advance, as tourists take them on a first-come, first-served basis.
All passengers have equal conditions and it is impossible to buy a ticket in business or first class

It is also impossible to say exactly how much the landing or arrival of the aircraft can be delayed. After all, the delay occurs not through the fault of the crew, but in case of emergency situations at the airport. Therefore, in the event of a long technical inspection, a hacker attack or a vehicle breakdown, regular flights are the first to land and take off. As a rule, charter flights are delayed no more than 6 hours.

Where can I find information about delays of scheduled and charter flights?

In order to find out about a delay in boarding or arrival, you need to check the information by choosing one of several methods. Data on charter and scheduled flights are updated daily on the following carriers:

Electronic scoreboard at the airport
The website of the aviation company whose services you use
On the website of the Federal Air Transport Agency
At the information desks of airlines at the airport

Also, in the case of buying tickets through intermediaries (travel and legal agencies), you can contact the specialist who issued the travel document in your name.

How to buy tickets for a charter flight?

In order to purchase a ticket for a charter flight, you can use the services of a company or make a purchase on your own. Intermediaries can be:

Travel agencies
Law firms
State and regional travel agencies
Tour Operators
Aviation ticket offices

In order to buy a travel document without intermediaries, you need to issue a ticket on the website of a company specializing in charter flights. The most popular carriers in Russia are:

Azur Air
Russia
Meridian
Royal Flight
Gazpromavia
I fly Airlines
Izhavia
Grozny-Avia
Nordwind Airlines
Jet Air Group
Severstal Airlines
Kosmos Air Enterprise
Lukoli Avia

These companies carry out charter flights from all over Russia and cover various destinations:

Domestic transportation
Flight to Europe and the CIS
Southern resorts
Asian countries
North Africa

After completing the electronic issuance process, the virtual ticket must be printed on office paper and presented to the airport staff if necessary.

How to find out the ticket number, is it possible to return tickets for a charter flight?

In case of cancellation of a ticket for a charter flight, the following factors must be considered:

When returning a travel document, the airline does not compensate for its cost
In case of cancellation of the trip, the ticket exchange for another date is not provided
The ticket can be transferred to another person (however, you will need to contact the agent or airline to notify and replace the passenger's data)

To find out the travel document number you need:

Print the form on paper or save it electronically
Pay attention to the upper corner on the right side
Under the black hologram there is a number consisting of 13 digits
You will find the same number on the boarding pass after marking "e-Ticket"
This code of 13 characters is the ticket number

Each of us independently decides which airline to use, as well as which type of flight will be more convenient. Of course, the advantages of charters are obvious: low cost, regularity of flights, lack of separation of passengers into classes, the ability to get to anywhere in the world without transfers and problems with luggage. However, this type of flight is suitable for those who are in no hurry to important meetings and business meetings, since such flights are most often delayed, which can create a lot of discomfort and further inconvenience.

Video: Description of charter and scheduled flights

June 22, 2017, 12:36

The peak of charter delays occurs in the summer, when the 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 the correct perception of this problem.

When the unpleasant inscription “flight delayed” appears on the scoreboard, the main thing is not to panic. It's always a good idea to have a representative (airline or airport) come out to meet you and explain what's going on.

Reasons for charter flight delays

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

Non-arrival of the aircraft
Aircraft breakdown
Weather (weather) conditions

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

This is where the first difficulties come - it is not profitable for airlines to admit, and passengers do not know their rights. So - the flag is in our hands, more precisely FAP - federal aviation rules.

Obligations of the airline in case of flight delay

The first thing an air carrier (or airport) has to do is to inform passengers about the change in the schedule and the reasons for the change. This is evidenced by paragraph 92 of the FAP (Federal Aviation Rules).

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, as they are the parent organization of the airline. The second - as having concluded a contract for charter transportation, now they are responsible to passengers for the services provided.

What should I do if my charter flight is delayed?

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

If, while waiting for a flight, you are not provided with mandatory services, buy them yourself, save your receipts and present 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 in the flight delay is proven. In Russia, the amount of compensation for a flight delay is set 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, in case of a flight delay, 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 at the expense of the airline are entitled to soft drinks and 2 phone calls or the ability to send two e-mails.

So, in case of a flight delay, the airline must provide:

after 2 hours - soft drinks and 2 phone or email messages,
after 4 hours - hot meals, 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 delivery 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 Consumer Rights Protection Law 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 defense of the Consumer and you can receive compensation.

What you need to know about charter flight delays

Different types of liability are shared by carriers of scheduled and charter flights. In the latter case, the tour operator who chartered the aircraft is responsible for the 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 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 at the check-in desk. Then, if you are not provided with the necessary "amenities" 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, disassemblies can bring you to court, but often it doesn’t come to that, and claims are considered by the offending party in a pre-trial order.

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.

The consequences of flight delays

Since the beginning of the season, the tourist community has been solving problems with the transfer and cancellation of VIM-Avia flights. In the case of charters, the responsibility for transporting vacationers to the place of rest passes to the customer of the transportation, that is, the tour operator.

Impressions from a long-awaited vacation may be blurred through no fault of yours. Reports of long flight delays and outraged 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. About how to behave and what you can count on if you find yourself in an unpleasant situation, we will learn from the head of the legal department of Persona Grata Legal Agency LLC Irina Dotsenko.

Previous photo 1/ 1 Next photo

In accordance with paragraph 99 of the Rules for Air Transportation, in the event of an interruption 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 adverse meteorological conditions, for technical and other reasons, changes in the route of transportation, the carrier is obliged to arrange for passengers at the points of departure and intermediate points for the following services:

Provision of rooms for mother and child to a passenger with a child under the age of 7;
Two phone calls or two emails when waiting for a flight to depart for more than two hours;
Provision of soft drinks while waiting for the flight departure for more than two hours;
Providing hot meals while waiting for the departure of the flight for more than 4 hours and then every 6 hours during the day and every 8 hours - at night;
Accommodation in a hotel while waiting for the departure of the flight for more than 8 hours during the day and more than 6 hours - at night;
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.

These services are provided to passengers at no additional charge. The flight departure waiting time starts from the flight departure time specified in the ticket.

Previous photo 1/ 1 Next photo

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

And here is what you need to do for this:

Firstly, 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 (as a rule, the flight delay is noted on the itinerary receipt or boarding pass). Next, you need to collect all checks 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 damage. If the airline refuses to satisfy your requirements on a voluntary basis, you can go to court.

According to the Federal Law of April 3, 2017 N 52-FZ, Russia joined the 1999 Montreal Convention on the Unification of the Rules for International Air Transportation, which has already been ratified by more than 120 countries. What will change for air passengers?

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

If, according to the Air Code of the Russian Federation, the company's liability for damage due to a 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 the loss of luggage by the carrier currently cannot exceed 600 RUB per 1 kg (for luggage) and 11 thousand RUB for hand luggage if the cost of luggage cannot be accurately determined. According to the Montreal Convention, the carrier's liability in case of destruction, loss, damage or delay is limited to about RUB 78,000 per passenger.

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

As a result of the long delay, the rest time at the resort has been reduced. To whom should tourists address the claim?

In the event that the flight is charter, the claim is sent to the tour operator. If we are talking about a scheduled flight, the claim can be sent to either the tour operator or the carrier.

What are the chances of getting compensation for a delayed flight?

By virtue of paragraph 1 of Art. 28 of the Law of the Russian Federation "On Protection of Consumer Rights", the passenger has the right to demand full compensation for losses caused to him in connection with the violation of the terms for the 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 the contract provides for compensation for losses in a smaller amount. Damages are understood as expenses that the person whose right has been violated has made or will have to make in order to restore the violated right.

Based on Art. 15 of the Law of the Russian Federation "On the Protection of Consumer Rights", the moral harm caused to the consumer as a result of the seller's violation of the consumer's rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer protection is subject to compensation by the tortfeasor in the presence of his 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.