How long can a flight be delayed. What to do if your flight is delayed. List of documents for monetary compensation

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

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

Experts explain why charter flight delays are connected

Igor Grom

In recent weeks, information about delays in charter flights has appeared almost daily. The problem has already affected several thousand tourists: people wait for hours at airports for flights to resorts, mainly to Turkey and Greece. The charter program of the VIM-Avia airline was actually disrupted, and there were also delays, for example, at Pegas Fly, Rossiya, NordStar. Experts note that tour operators and airlines were not ready for the explosive demand for foreign destinations. The Federal Air Transport Agency instructed airlines to solve the problem with massive flight delays until June 20.

“This year, the demand for foreign tourism has grown significantly, and we expect it to reach the pre-crisis level. Neither tour operators nor air carriers were ready for such a demand.

That is, everyone implied that there would be growth, but, to be honest, they hardly believed in it, because there were no economic prerequisites.

However, the early booking was very successful. But now we see the reverse side of this coin,” Mikhail Maltsev, Executive Director of the Ural Tourism Association, told the website.

Natalia Khanina

According to Yekaterinburg Koltsovo Airport, the number of passengers on international flights in January-May 2017 increased by 70% compared to the same period last year. If you look at the indicators only in May, the increase is even more significant - 81.5%. For comparison: the number of passengers on domestic flights increased in January-May by only 10%.

Headquarters in Rostourism headed by Mutko will solve problems with VIM-Avia charters

The most serious problems arose with the VIM-Avia airline, which explained the disruption of the charter program by a banal lack of boards and a sharp increase in passenger traffic. Thus, three aircraft of the airline failed to return from maintenance in time, which eventually led to the rolling nature of delays and transfers of the company's flights, and the company decided to cancel part of the charters. Transport prosecutor's offices in the regions announced an inspection of the airline. Yesterday, the Rostourism hosted the first meeting of the operational headquarters under the leadership of the Deputy Prime Minister of the Russian Federation Vitaly Mutko regarding the problems of VIM-Avia. Following the meeting, the department made a statement that, first of all, attention will be paid to sending tourists to the southern resorts of Russia. For those tourists who were going to fly to Turkey, Bulgaria or Cyprus, the Federal Tourism Agency is considering the option of adjusting the flight program in the direction of China, the Federal Tourism Agency explained.

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

As Mikhail Maltsev explained, in recent years, almost every major tour operator from the TOP-10 has either acquired its own airline or signed a contract with an airline engaged in charter flights. “It is very costly, and due to significant lease payments, they simply do not have the opportunity to have reserve aircraft, unlike large air carriers like Aeroflot or Ural Airlines, which mainly operate regular flights. And in the event of some technical difficulty with the aircraft, even if the backup aircraft is not at the point of departure, it can quickly arrive at the required airport, pick up people, and thus the problem will be solved in a short time with minimal costs, ”says Maltsev .

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

Meanwhile, today, June 8, Rosaviatsia issued an official announcement that until June 20, charter airlines must adjust their transportation program to address problems with delays and flight cancellations. The head of the Federal Air Transport Agency, Alexander Neradko, pointed to the discrepancy between the programs of charter airlines and their real capabilities. “Over the past five months of 2017, there has been a significant increase in passenger traffic, which is 22% of the volume of the same period last year. At the same time, charter airlines increased their performance by one and a half to two times. Such an increase in traffic volumes was not supported by the availability of an appropriate fleet of aircraft and aviation personnel, ”concluded the Federal Air Transport Agency.

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.

There have always been and will continue to happen various force majeure circumstances that change people's plans. This also applies to the carrier. One cannot blame the carrier for adverse meteorological conditions, the execution of orders from state security agencies, or for inspecting the aircraft for technical breakdowns. However, if the airline could not prove its own innocence in the flight delay due to external factors, then it pays the passenger compensation in the amount established by the air transport code or charter. In any case, despite the fact that it was 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 the flight is delayed by no more than one hundred and twenty minutes, it is not the responsibility of the airline to pay compensation or provide 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 in case of a flight delay.

If the plane did not leave on time and more than two hours have passed, people have the right to freely use the lounges and facilities for a passenger with a child under the age of seven.

Passenger rights to free meals

In the event that a flight is delayed, the rights of passengers include the receipt of soft drinks and you can also make two phone calls at a cost of not more than ten euros or send two e-mails.

The right to a hotel room, free meals in the 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. Also, the airline is obliged to pay not only the room, but also food 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

In the event that a flight is delayed, the rights of passengers of 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 delivery of passengers to it, but also for three meals a day.

Financial compensation

If there was a flight delay, the rights of passengers provide for 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 cancellation of the flight. You can get this seal from an airline employee.

When an unscheduled flight delay occurs at the airport, the passenger's rights also provide for the receipt of 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 each passenger, apologizing for the flight delay and providing the full range of their 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 a document from him, which indicates the reason for the cancellation of the flight and there is a stamp with the actual time of departure.
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 in no case throw away 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 all checks and documents needed for compensation as evidence. If the airline ignores the claims made, the passenger's rights include filing an application with the court. As court practice shows, if you provide all checks for extraordinary expenses that you incurred due to a flight delay, whether it be food, medicine, the inability to attend pre-paid excursions or a business meeting that was canceled, you will be paid an amount as compensation that fully covers the costs . You have enough time to file claims and go to court - six months. During the same time, he considers claims and, if agreed, pays compensation. It is better to have a claim with all documents, checks and photocopies in two copies.

Use free services as needed

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

Charter flights

It is a mistake to assume that the above rules apply only to regular flights. Not at all. Often there is a delay. The rights of the passenger in this case provide exactly the same as in case of a delay of 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 in hotel and transfer, payment of monetary compensation. The exception is the United States: there, passengers of charter flights and small planes are not fined.

Most of the delay in charter flights is due to the fact that the airline does not have enough reserve aircraft to send passengers on it, so people have to wait for their departure.

Overbooking

It is no longer a secret for many that airlines sell about five percent more tickets than available seats on board. This happens for one simple reason: the same five percent of passengers who have booked seats do not appear on the plane - they cancel the 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 the passengers who have booked 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. Also, the carrier can provide a coupon for a free hotel room, transfer and meals, depending on the flight waiting time.

In the event that there were no volunteers for the departure on the next flight, those who booked seats later than the rest 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. During overbooking, EU countries provide passengers with the same services as in case of a flight delay.

If, due to a flight problem, you find yourself in a foreign country, but due to an expired visa you are unable to get 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 it, but it's worth the effort.

Problems with baggage

After notification of the flight cancellation, the administrator or airline employee takes passengers to the exit and instructs them: tells them about food, hotel accommodation if necessary, free phone calls and other technical issues. If you need to collect your luggage, as you are going to go to a hotel on your own or just leave the airport, inform the airline representative about this. Usually luggage is sent to the belt, from where it can be easily picked up. If there were no things in the arrivals area, then most likely the carrier has already sent them to the next flight. Again, contact the airline representative to clarify this misunderstanding and collect your baggage. If it turned out to be 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 quite logical question: will the daily cost of staying in a hotel, the room in which was booked in advance and was not used due to a flight cancellation, be refunded? Answer: yes. Arriving at the hotel, you can demand a refund for a day's stay in the room.

The word "Armageddon" in the headline, in reference to the disruption of airline charter schedules in recent days, does not at all look like an allegory. Over the past weekend, several air carriers allowed rolling flight delays at once, hundreds of Russian tourists were stuck at airports in different countries waiting for their departure to their homeland, others had to spend two or more days on their suitcases. The airlines themselves unanimously refer to the shortage of aircraft - an unforeseen failure of even one aircraft leads to large-scale collapses. How convincing are these explanations?

All for Turkey

The thesis about the global shortage of boards in the charter market does not stand up to serious criticism, experts are convinced. They give an example of how actively airline fleets have recently begun to replenish, especially after flights to Turkey were resumed last fall. With an eye, including for this direction, carriers actively ordered liners, which were marked by significant delays in the current summer season.

So, "VIM-Avia", which was the main newsmaker in terms of schedule disruptions at the start of the season, at the end of 2016 replenished the fleet with four Boeing 737-500s, as well as wide-body aircraft - two Boeing 767-300s, six Boeing 777-200s and one Airbus A 330-200. On the eve of summer, the carrier received another Boeing 777-200 and expects additional delivery of several Boeing 777s and Airbus A-330s. Even taking into account large-scale plans for regular flights to the Chinese direction, such a fleet is quite enough for active work on the charter market, observers say.

The park has expanded iFly- an airline that has also received many complaints in recent weeks due to disruptions in the charter schedule. The critical delay in the departure on July 21 from Bodrum to Moscow - the liner arrived in the Russian capital two days later than planned - became the reason for the intervention of the Moscow Interregional Transport Prosecutor's Office. Shortage of planes? But after all, the air carrier literally a month ago reported receiving from Emirates three sides A 330-200. Even if the airline subsequently implements its intention to retire two of its Boeing 757s, its fleet will still increase by one aircraft.

Of course, air carriers receive mainly “age” cars - the same “new” iFly Airbuses are 18 years old. However, in the practice of the Russian charter market, considerable experience has been accumulated in working with such an aircraft fleet under conditions of intense load. Recall that it was used aircraft that formed the basis of aviation assets "Transaero", which dominated the charter air transportation segment for several years and left the market in 2015. At the same time, even in the most “fat” years for outbound tourism in 2011-2013, when the density of charter flights was noticeably higher than now, Transaero managed to be punctual. Failures happened, but the schedule did not crumble. Why?

look back

As the top manager of the tour operator, who was at one time one of the main partners of Transaero in air transportation, told the website correspondent, the airline had up to 30% of the aircraft constantly in reserve.

It was very expensive from the point of view of business economics, but for passengers it served as a reliable guarantee of the accuracy of the schedule.

“The management of Transaero took into account that it was operating a used fleet, so it had not one spare board for 8–10 aircraft, but two,” continues the topic Vladimir Vorobyov, president - another former partner of the airline. According to him, there were periods when out of the three Tu-204s that Transaero had, only one flew, the rest were in reserve. In addition, some boards were used as sources of spare parts - in order to quickly install the necessary part on a broken aircraft, and not wait for its delivery from the manufacturer.

There is another point of view. According to commercial director Alexandra Burtina, Transearo had a chronic oversupply of aircraft, the carrier could not fully load its growing fleet, so additional reservations were partly forced. Now carriers are working in a different situation - the demand for transportation is high, but it is concentrated in the summer months. Hence the high density of flight programs, and the difficulty with reservations.

What's in the dry matter

Two years after the departure of Transaero, it became obvious: the thesis that the airline was deservedly removed from the market due to the fact that it created an excess of carrying capacity and actively dumped to fill the boards turned out to be untenable. Most of the airworthy liners used by the carrier moved into the fleet "Russia", other airlines have increased their own aviation assets, and the surplus of aircraft has not disappeared. As a result, dumping continues to reign in the charter market, and due to the unwillingness of management to ensure reliable reservation of boards, tourists have to endure unthinkable schedule disruptions. In the future, this may lead to a persistent phobia among travel agency clients for charter flights as such.

“If in 2004–2008 a certain visionary told what would happen in the tourist air transportation market in 2017, I would probably just leave tourism, deciding that this is Armageddon,” shares his opinion with colleagues in the group