Compensation if the charter flight is delayed. What to do if a charter flight is delayed. How to find out: charter flight or regular

Delays of charter flights have become regular, daily the Federal Air Transport Agency records from three to 13 such cases. The day before, Azur Air delayed a charter from Domodedovo to Vietnam by 14 hours, and Ikar Airlines delayed a flight from Novosibirsk to Kamran by 16 hours. To improve the air transportation market in the tourist segment, federal agencies can transfer charter flights to regular status.

In this tourist season, the Federal Air Transport Agency daily records at least 3-4 delays in charter passenger traffic for a period of more than two hours. Some days more than ten flights are delayed. According to the Federal Air Transport Agency, 13 charters were detained in Russia on August 6.

In the first days of August, Azur Air came out on top in terms of the number of delayed charters. On August 1, the air carrier delayed one flight, on August 2-3 - five each, and on August 6 - six, including a flight from the Moscow Domodedovo air hub to Nha Trang (Vietnam), which was delayed for 14 hours.

According to the schedule, the flight was supposed to take place on August 5 at 15.25, but the flight was first postponed to 20.45, and then postponed every hour. Desperate passengers on the delayed flight tried to block the same airline's flight to Antalya at 4.30 am. According to news agencies, people were chanting: "Help, shame on Azur Air."

The Federal Air Transport Agency notes that the reason for the delay was a malfunction of the aircraft and its forced replacement. On the same day, two more Azur Air flights to Turkey were delayed at Domodedovo (for more than 12 hours each) - also due to aircraft malfunction.

The departure of the charter flight "Novosibirsk - Antalya" of the Royal Flight airline is delayed by 9.5 hours due to a malfunction of the aircraft.

According to the schedule, the Boeing 757 was supposed to take off from Tolmachevo Airport on August 7 at 8:00, but has not yet departed for Turkey. Now the estimated departure time has been postponed to 17:30, according to the airport's online scoreboard.

“The landing is not even announced. We registered at 12 noon, passed all customs, inspections. And from that moment we sit in the waiting room.<…>The exit number was first given to us, then removed. They write: “Delay,” one of the charter passengers told NGS.NEWS.

According to her, there are many passengers with children in the waiting room. “There are no very small ones, babies - from 1.5–2 years and older. They have already eaten all the chocolates from the machine, drank all the soda, chips and all that, because the children are hungry - they arrived in the morning. No food has been provided yet,” the passenger said. Already in the afternoon, tourists were offered soft drinks - as a result, a queue lined up for water.

The Ministry of Transport of the Russian Federation, together with the Federal Air Transport Agency, is developing a package of bills that systematically solve the problem of disruptions to charter flights during the high tourist season, the Izvestia newspaper reported on Tuesday, citing a source in the aviation industry.
According to the newspaper, the new measures will be aimed at "preventing the creation of conditions for delays and cancellations of charter flights carried out on orders from tour operators." They will also imply a tougher response from the aviation regulator and "the inevitability of punishment for air carriers that have failed." According to Izvestia, the departments also plan to finalize the mechanism for canceling airlines' permits to operate international charter flights.

“One of the initiatives that is already being discussed is the introduction of a mandatory requirement for airlines to provide information to the Federal Air Transport Agency on the planned volumes of charter passenger traffic ... There is a discussion about the possibility of abandoning the practice of transporting tourists to mass holiday destinations by charter flights, chartered by large tour operators. But So far, there is no unequivocal opinion on the advisability of this step," the newspaper writes.

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When a vacation on the seashore in a beautiful warm country ends with a flight delay - this, you see, spoils all the positive impression, first of all, about the service provider. But who is the service provider? To whom to make a claim? Who is responsible for the improper fulfillment of obligations under the contract for the provision of tourist services?

Travel agency? Tour operator? Carrier?

I will lift the veil - according to the law - the tour operator is liable to the tourist for improper fulfillment of obligations under the contract for the sale of the tourist product (including for failure to provide or improper provision of services included in the tourist product to tourists, regardless of who should have provided or provided these services ).

And now - from practice.

An Agreement for the provision of services was concluded between the Travel Agency and the Client. The client paid for the tourist product in full.

Under the Agreement, the Travel Agency provided services for the design and payment of the tourist product, the formation of the Application on the website of the Tour Operator.

The tour operator, in turn, based on the Application formed a tourist product.

The composition of the tourist product included a flight by the Carrier's airline.

On the basis of the Agreement, the Application, the specific date and time of the Client's arrival from the host country to his hometown were indicated.

In fact, the Client arrived at the airport of his hometown with a delay of as much as 9! hours, which was noted on the Client's boarding passes by the airport administrator.

The client, in the order of mandatory pre-trial settlement of the dispute, turned to the Tour Operator with a claim in which he asked for the payment of a fine.

To which the Tour Operator replied that claims should not be made against him, but either against the Carrier, or against the one with whom the Client had contractual legal relations, that is, against the Travel Agency.

After that, the Client and I went to court demanding to recover a fine from the Tour Operator, motivating our arguments as follows.

By virtue of Article 9 of the Federal Law of November 24, 1996 No. 132-FZ “On the Basics of Tourist Activities in the Russian Federation”, the tour operator provides tourists with all the services included in the tourist product.

The tour operator is liable to the tourist for improper fulfillment of obligations under the contract for the sale of the tourist product (including for failure to provide or improper provision of services included in the tourist product to tourists, regardless of who should have provided or provided these services).

The tour operator is liable to the tourist for improper fulfillment of obligations under the contract for the sale of the tourist product, concluded by the travel agent both on behalf of the travel agent and on its own behalf.

In accordance with paragraph 50 of the Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 No. 17 “On consideration by the courts of civil cases on disputes on the protection of consumer rights” in cases, on disputes arising in connection with the implementation of charter air transportation of passengers as part of the execution of an agreement on the sale of a tourist product, the tour operator is recognized as the proper defendant and executor of the contract of carriage with the consumer.

In accordance with paragraph 2 of the Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 No. 17 “On the consideration by the courts of civil cases on disputes on the protection of consumer rights”, if certain types of relations involving consumers are also regulated by special laws of the Russian Federation containing civil law norms (for example share construction participation agreement, insurance agreement, bank deposit agreement, transportation agreement, etc.), then the Federal Law “On Protection of Consumer Rights” applies to the relations arising from such agreements to the extent not regulated by special laws.

Based on the foregoing, liability for delay in delivering a passenger to the destination is regulated by special rules, namely Article 120 of the Air Code of the Russian Federation, on the basis of which the carrier pays the passenger a fine in the amount of twenty-five percent of the minimum wage established by law for each hour of delay.

According to Part 6, Article 13 of the Federal Law "On Protection of Consumer Rights", a fine is payable to the Client for non-compliance with the consumer's requirement on a voluntary basis.

As a result, the court granted our claims in the court of the first instance.

To be continued if the Tour Operator decides to appeal against the decision of the court on appeal.

In the meantime, if you have experienced flight delays and could not get justice, you can use this article. If you think that you will not succeed - contact me - I will try to help you.

Regulatory documents that I was guided by when writing the material:

1. Air Code of the Russian Federation dated March 19, 1997 No. 60-FZ (as amended on July 6, 2016).
2. Federal Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation” (as amended on April 5, 2016).
3. Decree of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On consideration by the courts of civil cases on disputes on the protection of consumer rights”.

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6 Comments

Good afternoon Tell me, please, where to start and to whom to write Claims? Flight charter St. Petersburg-Larnaca was delayed for 6 hours. They didn’t just delay ... We even sat on the plane for 20 minutes! Where we were told that “due to technical reasons, the flight was delayed for 2 hours.” They took us to the customs zone, where we languished without the opportunity to leave the terminal, since “the border was crossed.” Through 2 hours postponed the flight for another 2 hours. They didn’t inform that it was possible to get water, when they brought it after 2 hours, everyone ran and found out from each other what and where ... After 4 hours, they found out from the passengers that they were making some marks on the tickets somewhere. It turned out that they give out "vouchers" for food - 400 rubles each. per person. When we approached, it turned out that coupons were not printed out for us ... And again we went looking for representatives to get coupons! The flight was postponed for another 2 hours! By the “last” hour of the announced departure time, I became so ill that I had to call a doctor ... .. The pressure rose, my pulse “went off scale” ... All the pills were in my luggage. Half an hour before landing ... Based on my condition, the doctor suggested abandoning the flight ... And under an agreement with a travel agency, money for a ticket cannot be returned!!! We arrived, arrived ... Check-in at the hotel was not on the 5th, but already on the 6th, the next day, it turns out ... Naturally, that two days of paid rest were hopelessly spoiled- lost ... due to all this and the stress that affected health and well-being ... When asked if it was possible to "extend" the vacation by taking a later flight, the representative of the tour operator said that they "cannot stand" the return flight ... It turns out, instead of 7 days and 6 nights got 6 nights and 5 days !!! And the return flight was also very early - at 4.40 eviction from the room. By the way, they picked us up 40 minutes later than the appointed time. The plane took off almost on time (the time on the ticket was 8:05, they took off at 8:45). I wrote a lot ... Yes, we have an agreement with a travel agent, and the tour was from the Biblio-Globus tour operator. The air carrier is Rossiya. Thank you.

For a long time, flights by plane have become part of everyday life. Traveling by air is more convenient, takes less time, and of course, takes less effort. In the shortest possible time, you can be anywhere in the world. No other mode of transport is able to offer such a speed. And if you plan your trip correctly, having previously found out all the nuances, then the cost of a plane ticket can be very pleasant.

With each new day, more and more people give their preference to air transport. And this is not surprising, because the positive aspects of this method of movement are visible to the naked eye. The number of airline customers is growing rapidly every day. During all this time, a certain part of the people were able to experience such a problem as a flight delay. She is no longer surprised. An airplane is a complex mechanism, and in order to lift this machine into the air, it is necessary to agree on a number of facts. Any mistake or even the smallest malfunction leads to the flight delay problem.

The most common reasons for flight delays will be described below. There are quite a lot of similar situations, so they can be classified into separate groups.

Meteorological situation

Very often a situation arises that one airline delays a flight until the weather stabilizes, while the other calmly continues to transport passengers. Some do not understand the reasons for such behavior, others are trying to find what is the personal benefit for the company. In fact, the explanation is more than simple, each company has its own air machines, which differ in model and configuration. Each aircraft has its own temperature threshold and operating conditions. Therefore, all recommendations are clearly implemented, and the company tries to take care of its passengers as much as possible.

Identified malfunctions of the airliner

The aircraft is quite a complex mechanism, in the work of which even the most insignificant trifles are of great importance. Before takeoff, the ship is checked in all respects. Identification of minor breakdowns is eliminated on the spot, it is natural that these types of work also require time. If the failure is more serious, the aircraft is taken off the flight and a replacement is sought. Such situations are rare and are included in the list of emergencies. But all the same, passengers will be delivered to the desired destination.

Most airlines really don't like it when situations like this come up. After all, such delays always leave their mark on the reputation. In most cases, the delay is due to minor repairs. Having learned about the malfunctions of the aircraft, any passenger can panic, so the administration prefers to name other reasons for the flight delay.

Airliner late arrival

This is the most common reason for the airport administration. After all, it sounds harmless and does not cause much suspicion among passengers. Therefore, very often at airports you can hear just such a justification for delaying flights. But what is alarming is that in certain cases such a reason is not true.

Interruption of ground services

Flight delays may occur between arrival and departure. It is in connection with this that various kinds of problems can arise. The reasons for this delay are incalculable. In most cases, the human factor plays a role. This may be the delay of the attendants, prolonged cleaning in the aircraft cabin, or a long unloading of the luggage department.

In such situations, the flight delay does not last too long, the maximum it can take is about 30 minutes. Usually such a time does not cause much panic among passengers. Everything happens without nerves, and the reasons are quite reasonable. In the event of more serious situations, when the flight departure is delayed due to disruption of ground services for more than two hours, then each passenger has the right to demand a refund of part of the ticket price.

Passenger rights

If the flight is delayed, but the passengers did not hear the announcement justifying the delay, then the first thing to do is to contact the employee at the check-in desk. In most cases, the passenger does not receive a clear answer to the question posed. Most often, you can hear some common reasons that should not cause unnecessary excitement on the part of people. And this is logical, because any company values ​​​​its reputation.

Actions of citizens

No matter how the situation develops, a conscious passenger must make a special note on the flight delay on his ticket. It is this mark that will give grounds to demand a discount or even refund the money for the ticket. It is this right that is guaranteed to every passenger in the event of a long flight delay.

Special rights of air passengers are noted in case of a flight delay from 30 minutes to 2 hours. The airport administration is obliged to provide free luggage storage, as well as to ensure free stay of women with children in a specially equipped room.

Rights in case of a flight delay from 2 to 4 hours guarantee the possibility for passengers to make two calls to anywhere in the world. These calls must be paid by the airline. Free distribution of cold or hot drinks is also guaranteed.

A flight delay of 4 to 6 hours provides for free distribution of food at intervals of 6-8 hours.

If the flight is delayed for more than 6 hours, the airline must provide passengers with a place to sleep. Naturally, this cannot be a waiting room. The company is obliged to pay the hotel and all transportation costs.

Compensation

Be that as it may, in any case, the delay in departure is the fault of the transport company, even if the cause was. Each passenger can reimburse part of the ticket price. The maximum part of compensation is 50%. But at the same time, the administration is obliged to pay all the cash costs of the passenger while waiting for the flight. It can be anything - paying for tickets for other modes of transport, paying for visits to various entertainment venues, paying a bill in a restaurant or cafe. The only caveat is that the passenger must provide all checks, otherwise the refund will not be made.

Special cases

If the passengers went on vacation, and the ticket is included in the total cost of the tour, then you can make a claim for payment for the missed vacation days. If the application is not submitted within 20 days, it will not be considered in the future. Sometimes a flight involves a transfer, which is performed by one airline. Naturally, the passenger will not be in time for the proposed second plane. Therefore, upon arrival, the administration must take care and place the passenger in another aircraft absolutely free of charge. Moreover, if a person was flying in economy class, and there are only seats in business class, then they must be placed in a higher-level department. If the situation happened exactly the opposite, then the company is obliged to pay the difference.

How should compensation be sought?

In this situation, you need to take care of the availability of evidence of a flight delay. The airport administration must request a certificate of aircraft delay. This paper must be stamped, justified reasons. A person while waiting for his flight can use any services. The main thing is to keep receipts, which will clearly show the time. You can go to a restaurant, rent a hotel room, and so on.

Such situations are resolved very quickly, because no carrier needs to create scandals. will affect future work, so it is desirable that the passenger be satisfied.

There are companies that may refuse to refund money. In such a situation, you can safely sue, attaching all the necessary documents to the case. To seek the return of money through the court is a laborious process, but in most cases the truth is always on the side of the victim.

In order not to get into an awkward situation, you should always have extra money with you. Indeed, in such unforeseen situations, they can be very much needed.

Actions in case of violation of the passenger's rights

This situation is very unpleasant, but leaving everything as it is is not an option. It is necessary to achieve justice and return the money spent. First you need to collect all the necessary package of documents, namely:

• Air ticket directly. It must contain the necessary marks about the flight delay.
• All checks and receipts for expenses that were needed due to the flight delay.
• A clearly written letter stating all claims and requirements.

All collected documents must be enclosed in an envelope and sent to the main office of the company.

If within 30 days the passenger has not received a response from the airline, then you can safely file an application with the court. And after some time, justice will be restored.

The rules and regulations described in the article apply to all types of flights. Even if a charter flight is delayed, the rights of passengers remain the same. The carrier bears the same responsibility. The consumer should receive quality service in any case.

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

Possible reasons for delays

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

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

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

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

Obligations of the carrier in the event of a flight delay

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

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

Ticket return

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

These waivers also include:

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

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

Travelers' rights in case of a flight delay

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

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

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

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

Delay time

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

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

• Hotel room before departure. A rest room is provided after 8 hours of flight delay during the day, after 6 hours - at night.
• Transportation to the hotel and back.

Other compensation

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

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

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

Important information

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

Don't know what passengers are supposed to do if their flight is delayed by 5 hours or more? And what to do if docking was supposed? Don't worry about transplants. If you were supposed to have a connecting flight, then the carrier will in any case have to provide a seat on another aircraft en route to your destination. You will not have to pay a penny extra for a ticket, even if you are placed in business class. But if you have purchased a business class ticket, and there are empty seats in the economy class, then you must insist on the return of the difference without fail!

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

How to deal with a delayed charter flight

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

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

What you need to know about charter flight delays

Scheduled and charter air carriers share different responsibilities. In the latter case, the entire responsibility lies with the tour operator who chartered the vessel, and not with the carrier itself.

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

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

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

Compensation payments in case of a flight delay on Russian territory

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

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

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

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

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

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

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

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

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

Another way

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

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

Flight delay compensation

If your flight is delayed, you should know the following basic rights and actions:

1. Passengers of charter and regular flights have the same rights. The carrier is equally responsible to the passenger for the delay of both charter and scheduled flights.

2. You have the right to true and accurate information. Contact the representative of the airline operating the flight (most carriers have representative offices or name desks in almost all major Russian airports) or, if you are flying from a small airport where there is no official representation of the airline, the employee at the airport information desk. In any case, you must explain why and how much the flight is delayed.

If the responsible persons of the air carrier or airport refuse to understand you, you can remind them that, in accordance with the requirements of paragraph 72 of the Federal Aviation Rules “General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Servicing Passengers, Consignors, Consignees”, approved by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82 (hereinafter referred to as FAR), regular flights are operated in accordance with the aircraft traffic schedule, formed by the carrier and published in the computer data bank of the aircraft schedule, and charter flights - in accordance with the charter traffic plan (schedule) .

At the same time, paragraph 73 of the FAR defines the information requirements for each scheduled flight, which the published schedule of aircraft movement must meet. In the event of a change in the timetable for the movement of aircraft, the carrier must take possible measures to inform the passengers with whom an air transportation agreement has been concluded about the change in the timetable for the movement of aircraft by any available means (clause 74 of the FAR).

Information about the delay or cancellation of a flight, as well as the reasons for the delay or cancellation of a flight, is communicated to passengers by the carrier or the organization carrying out airport activities (service organization) directly at the airport in visual and / or acoustic form (paragraph 92 of the FAR).

3. You have the right to require a representative of the airline or employees of the airport of departure/destination to put a note on the ticket about the flight delay. It is necessary if you later write a claim to the carrier or sue him in court. Ask for the exact time of the actual departure to enter by hand the representative of the airline / airport and certify with a stamp (this can be done when landing or re-registration - it is carried out in cases where tourists were accommodated in a hotel during the flight delay).

4. In case of any delay in the departure of the flight, the air carrier, in accordance with the requirements of paragraph 99. FAP, is obliged to organize the following services for passengers free of charge:

1) provide a mother and child room to a passenger with a child under the age of 7 years;

2) organize luggage storage.

4.1. If the flight delay is more than two hours:

1) 2 phone calls or 2 emails;

2) soft drinks.

4.2. If the flight delay is more than four hours:

1) hot meals; at the same time, they should be fed hot every 6 hours during the day and every 8 hours at night.

4.3. If the flight delay is more than six hours:

1) accommodation in a hotel (when waiting for departure for more than 6 hours at night and more than 8 hours during the day);

2) organize transportation from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee.

It is customary to accommodate passengers in the hotels closest to the airport. You have no right to be accommodated in a double room with strangers. If the conditions are not at all satisfactory, you have the right to choose a hotel yourself and wait for departure there, after agreeing with the airport representatives that you will be warned about the departure time. In this case, pay for the room yourself. And after returning home (or arriving at the resort), you will need to write an official request to the main office of the airline demanding a refund of part of the amount spent.

5. If the airline, in order to minimize the delay time, and the likely claims to zero, sends you by another route or flight of another company, then this should be carried out exclusively at the expense of the airline or airport, there can be no talk of any additional payments in this case .

6. If your trip has become shorter due to a flight delay, you have the right to demand a refund from the tour operator for all paid, but unused services: for a night in a hotel, a missed excursion, etc. As a rule, claims are made after returning from vacation. At the same time, it must be borne in mind that tour operators are willing to offer compensation right on the spot: an additional excursion, full board instead of breakfast, etc.

7. 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.

Tourists should take into account that a fine cannot be collected if the change in the departure time of the flight occurred due to force majeure, the elimination of an aircraft malfunction that threatens the life or health of the passengers of the aircraft, or other circumstances beyond the control of the carrier.

According to the provisions of paragraph 3 of Article 401 of the Civil Code, force majeure circumstances do not include violation of obligations by the debtor’s counterparties, lack of goods needed for execution on the market, lack of the necessary funds from the debtor (for example, to pay for fuel), and the carrier has the right to cancel, delay the flight specified in the ticket, change the type of aircraft, change the route of transportation only if it is required by the conditions of flight safety and / or aviation security, as well as at the request of state authorities in accordance with their competence.

To receive compensation, you need to file a claim with the airline, attaching copies of documents confirming your right to compensation. According to the provisions of Article 126 of the Air Code, the passenger has the right to make claims against the carrier (the application can be submitted in person or sent by registered mail) within 6 months from the date of arrival - at the airline's representative office at the airport of destination or departure. The carrier company is obliged to consider your claim within 30 days.

If the appeal was ignored or the perpetrators refused to compensate your expenses, you have the right to sue them. Claims against the carrier in accordance with the relevant rule on exclusive jurisdiction contained in Part 3 of Article 30 of the Code of Civil Procedure of the Russian Federation are filed with the court at the location of the carrier against which the claim was filed in the prescribed manner.

The statement of claim to the court will need to be accompanied by copies of the air ticket with a note about the flight delay (its cancellation), invoices for the expenses incurred by you (for example, for a hotel, food, telephone calls), as well as your written claim to the carrier and the answer of its representatives.

8. The fact of cancellation or delay of the flight due to the fault of the carrier, as well as the failure to fulfill the obligations assigned to it in accordance with clause 99. FAP for the appropriate passenger service may, in the event of a guilty interruption in transportation, be grounds for the passengers to present a claim to the carrier for compensation for moral damage due to the infliction of the relevant physical and moral suffering (the basis is Article 15 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights”). The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.