Which airlines have been fined for flight delays? How long to wait for compensation? How to get compensation for a flight delay yourself

For canceled or delayed flights, passengers traveling on European airlines or simply flying from the EU can receive up to €600 in compensation. How to achieve this payment and what services will help speed up the process?

According to the European Parliament and Council EC No. 261, passengers whose flight was canceled or delayed for more than three hours can receive from the air carrier €200 to €600. This rule applies to flights of European airlines around the world and flights of any companies from European countries. Thus, clients of Russian airlines who fly from Europe can also claim this money - unlike those who fly with them within Russia, the USA or Asia. The fact is that Russia is still in favor of the Montreal Convention, which unifies the obligations of air carriers to passengers.

The key factor in qualifying for compensation is the reason for the flight cancellation or delay. “It must be the airline’s fault - for example, problems with the plane or some technical reasons,” explains Evgeniy Lonsky, regional director of the international compensation service AirHelp in Eastern Europe. “Other cases, such as terrorist attacks, strikes and bad weather, are not eligible for compensation.”

The amount of compensation, according to EU regulation, depends on two factors: the flight distance and the delay time. So, if the flight is delayed by more than three hours and its flight distance is less than 1,500 km, the airline must pay the passenger €250. If the delay is more than four hours and the flight is more than 3,500 km, the amount increases to €600. Evgeny Lonsky notes that in case of long delays, the airline must also provide passengers with water, food and a hotel. But this does not relieve the carrier from having to pay compensation. “The law clearly states that if the plane arrives more than three hours late, compensation is due,” says Lonsky.

You can claim compensation for several years. “It depends on the country in which the airline is registered, or on the country of departure - if we are not talking about a European company. Usually this period ranges from two years, as in Spain, to six, as in England,” says Roman Gilmanov, CEO of the Russian company Compensair, operator of a service for receiving compensation from airlines.

How to claim compensation

The trivial way is to contact the airline yourself. The most important thing is to save your boarding passes, as some companies will not consider applications without them, explains Lonsky. Gilmanov also advises getting a certificate from airline or airport employees stating that the flight has been delayed. As a last resort, you can take a photo of the flight board (charter flights, according to the expert, are sometimes poorly tracked by databases). If the client has to go to court, such a photograph can also be evidence of a flight delay, says Gilmanov.

Next, you need to fill out an online application or a written complaint to the airline in English (depending on its rules). To do this, you need to figure out what kind of compensation you can claim, describe the circumstances in the claim, and also indicate on the basis of which points of the law compensation is based, says Gilmanov. The airline's response can be expected on average in 1-3 months, adds Lonsky.

At the same time, companies often ignore initial customer requests or automatically send refusals, experts say. “The next step is for the passenger to prove that his incident was the fault of the airline. Therefore, it is further important to study precedents when the company was found guilty and draw up a legally competent response to the objection received,” says Gilmanov from Compensair. If at this stage the company refuses to pay, you need to go to the court of the European city where the carrier’s head office is located.

If we are not talking about European companies, then the claim must be filed in the country of departure, but only if the air carrier has a representative office there, says Lonsky from AirHelp.

Photo: Andrew Parsons / Zuma / TASS

What services can help?

There are many companies in the world that communicate with carriers and can go to court at the request of a passenger. In addition to the already mentioned AirHelp and Compensair, these are the services Refund.me, Flightright and Flight Delays. In March, a similar service was launched by the website Kupibilet.ru.

Russians apply for compensation quite rarely, says Lonsky from AirHelp. “Many people believe that European legislation only applies to European citizens. But this is not so, being late has no nationality,” he says. In the AirHelp system, according to Lonsky, there are now about 256 thousand applications, Russian - only 488. Gilmanov from Compensair claims that his company is now working with about a thousand Russian requests. About 80% of the service’s clients are Russian speakers, and half of these people live in Russia.

Most often - in about 60% of cases - airlines agree to pay compensation at an early stage, that is, during correspondence with service managers, says Gilmanov. If the airline rejects the application for compensation, then it is transferred to the legal department of the service and 80-90% of such cases are resolved at the level of correspondence between lawyers and the airline, experts say. In other cases, you have to contact consumer protection authorities in European countries, and then go to court, and the services win 98% of court cases, says Lonsky.

The service commission is a standard amount - 25% of the amount of compensation received. Kupibilet.ru will additionally retain another 10%. All services take payment only after receiving consent to payment from the airline. If compensation cannot be obtained, the client pays nothing.

How long to wait for compensation

Gilmanov notes that receiving compensation through an intermediary takes from several weeks to six months. “In the mode of communication with the airline, that is, without going to court, we usually receive money in two months. If we go to court, the case can drag on for a long time. For example, we recently won a court case in the Netherlands, and the total cycle was more than six months,” he says. Lonsky from AirHelp also gives approximately the same time frame.

However, in difficult cases the wait may be longer. Russian Ian Kostin submitted an application to Compensair for compensation from Air France last July. The reason was not the delay, but the unclear work of the airline's ticket service. In June, Kostin was supposed to fly from Marseille to Moscow with a transfer in Paris. However, a strike among Air France pilots began, which is why his tickets were changed a few days before departure. In the second option, both flights - from Marseille to Paris and from Paris to Moscow - were operated at the same time. Kostin demanded to change the tickets again. The new route passed through Rome, but there was a typo in the tickets. “The airline made a mistake in one letter: instead of June (“JUN”), January (“JAN”) was indicated. Therefore, in Rome I had to communicate with the airline again and change tickets again,” Kostin told RBC.

Compensair lawyers, after checking the application, decided that the airline should pay compensation. The money came to Kostin in early March.

As Gilmanov explained, Air France agreed to pay compensation quite a long time ago, but did not transfer money to the service for a long time. “It was only after we began working with consumer protection authorities in the country of departure, and only when we sent a letter warning of legal proceedings, that the airline transferred the money,” he says.

Is it worth using the services of intermediaries?

Deputy Chairman of the Public Council under Rostourism Dmitry Davydenko considers “compensation” services convenient. “These are ordinary legal services put on a conveyor belt. If, for example, your claim amount is 5-10 thousand rubles, then it is probably pointless to waste time going to a law firm. It’s much easier to fill out the form on the website,” he explains.

He considers the 25% commission justified, especially considering that the services take it only if the claim is satisfied. In principle, the passenger can do the return on his own if he has the time and desire. If not, you can completely entrust this to other people, says Davydenko.

However, civil aviation expert and head of the Aviator.ru portal Sergei Martirosyan advises you to think carefully before turning to intermediaries. “If a person fundamentally wants to receive money from the airline, but does not want to understand the legal intricacies, then it makes sense to turn to the services. However, you can often negotiate with carriers on the spot,” he says.

According to Martirosyan, many airlines value their reputation and agree to compensate for the loss of time with some bonuses - for example, giving the passenger miles or upgrading the class of service on the next flight. Therefore, the expert still recommends first writing to the carrier and trying to agree on a form of compensation. If the airline does not make concessions, then it is worth filing a claim, he summarizes.

Oleg Smirnov, Chairman of the Civil Aviation Commission of the Public Council of Rostransnadzor, is more categorical. He believes that air passengers should protect their rights on their own. “Instead of entrusting all the work to such services that make money on ignorance, it is better to understand the laws, starting with the Constitution, and, based on these laws, go to court. And the court will be on the side of the consumer,” the expert concludes.

Unfortunately, not all trips go smoothly. Flight delays occupy a special place on the list of popular difficulties among travelers. This happens not only on charter routes, but also on regular ones. What to do if there is a flight delay, what are airline passengers entitled to? What free services and compensation should they expect?

Possible reasons for delays

There is no need to explain that the reasons can be very different. Sometimes these data may differ even between airline and airport employees. To establish the cause, the courts make inquiries to various airport services. So these could be:

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

Are you trying to figure out what passengers are entitled to if their flight is delayed? When the flight is delayed due to circumstances beyond the airline's control, then it will not be possible to claim financial compensation. But it should provide certain conveniences during the waiting process.

This is where the first difficulties await travelers; not many of them understand their rights, for example, what passengers are entitled to if their flight is delayed by 3 hours, and what airlines themselves are not profitable to offer. Therefore, the flag is in your hands, or, more precisely, the FAR (Federal Aviation Regulations).

Obligations of the carrier in the event of a flight delay

The first thing the airport/carrier must do in the event of a delay is to inform travelers about the schedule amendments and the reasons for them.

If passengers do not receive information, and it is impossible to find a company agent, then the Federal Air Transport Service and tour operators should be notified about the situation. The former manage the airline, and the latter are responsible to travelers for the services provided, since they have entered into an agreement with the carrier.

Ticket return

If, due to the fact that your flight is behind schedule, you decide not to wait for the ship to depart, but to travel with another airline or go home, then you have accordingly decided to terminate the air carriage agreement. It is forced, therefore, you can count on compensation in the amount of 100%.

Such refusals also include:

1. Reorganization of the route by the carrier.
2. The flight is not on schedule.
3. Failed departure of a 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 search by 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 a class of service corresponding to the purchased ticket.

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

Travelers' rights when their flight is delayed

So, what do passengers have to do if their flight is delayed? Even if you don’t have to wait long, about 1 hour, you still shouldn’t leave the situation to chance. Immediately after receiving information about the delay, you should go to the reception 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 is going on, but the main purpose of the conversation is to put a stamp on the delay. It will become irrefutable evidence in subsequent proceedings.

The reasons for a delay may vary, but every traveler should have information about what passengers are entitled to in the event of a flight delay. The list of airline obligations includes:

1. Travelers with children under 7 years of age must be provided with a pass to the mother and child room.
2. Storage 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 your children. The list of subsequent services included in the carrier's responsibilities depends on the duration of the delay.

Delay time

Depending on the waiting time, the passenger is provided with the following services:

1. So, what do passengers have to do if their flight is delayed by 2 hours or more? An 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 are entitled to passengers if their flight is delayed by 2 hours or more? The carrier must provide them with drinks of their choice in the required quantity.
3. Passengers are provided with a hot meal if their flight is delayed by 5 hours or more. After this, feeding is carried out every 6 hours during the day and 8 at night.
4. The flight was delayed for 6 hours, what do passengers have to do? After this time, all travelers must be provided with the following:

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

Other compensation

All announced services must be provided to the passenger completely free of charge. There can be no justification in this case, since the air carrier must take care of passengers under all 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 lunch and a hotel room. In addition to this, passengers are entitled to:

1. Cash payment in the amount of 3% of the ticket price, multiplied by the number of hours of delay.
2. Compensation in the amount of 0.25% of the minimum wage multiplied by the number of delayed departure hours.

In total, for a delayed flight, 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 is never completed, then, without any doubt, the full price of the ticket will be refunded in addition to other compensation. All these amounts are valid on Russian territory; in EU countries the amount of payments is much higher. Depending on the departure time and distance, an air passenger who received a flight cancellation message from the carrier less than 2 weeks in advance can expect compensation in the amount of 600 euros.

Important information

If a flight is delayed for 14 hours, what do passengers have to do? With such a long-term flight delay, you should not wait long for the airline to pay for food and hotel. You can do everything yourself, the main thing is to save all payment documents (receipts, checks, etc.), since all the funds spent will then be returned, but, however, this will be done through the court.

Don’t know what passengers are entitled to if their flight is delayed by 5 hours or more? What to do if docking was expected? There is no need to worry about transplants. If you had a connecting flight, the carrier will in any case have to provide a seat on another aircraft en route to your destination. You won't have to pay a penny extra for your ticket, even if you are placed in business class. But if you purchased a business class ticket, and there are empty seats in economy, then you must insist on a refund of the difference!

The flight delay time is calculated based on the data indicated on the boarding ticket. The carrier, at its own discretion, may provide additional services during the delay, but they do not cancel the mandatory ones.

What to do if your charter flight is delayed

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

If mandatory services are not provided 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 compensation.

What you need to know about charter flight delays

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

If there is a flight delay, what do passengers have to 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 specified above within the established time limits.

The main thing you need to do is get a stamp at the check-in counter about the delay of your flight. If there is one, 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 so in violation of the established time frame.

Disputes regarding reimbursement of funds may go to court, but most often this does not happen; all claims are considered pre-trial. You can submit an application for compensation within 6 months from the date of the flight; the carrier/tour operator is obliged to consider it within 30 days.

Compensation payments for flight delays on Russian territory

The obligations of air carriers and the rights of travelers regarding the issue of receiving compensation for changing the departure time of a ship of a Russian carrier or a foreign organization that delayed a flight in Russia are regulated by the Air Code of the Russian Federation.

To receive payment for changing a flight, you need to put a stamp at the check-in counter and also obtain the appropriate 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 must be attached (receipts for food, hotel, transportation, etc. during the delay). The claim must be sent by registered mail with an inventory by mail or delivered personally to the airline agents. Be sure to make a copy of the letter for yourself. If the request will be delivered to the representative personally, do not forget to take a receipt from him. A response should be expected within a month from the date of sending.

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 EU countries has changed, then what do passengers have to do if the flight is delayed by 3 hours, for example? In this case, passengers are paid compensation, which can only be refused 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 originating from that airport have been delayed.

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

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

Another way

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

The service only charges a fee for the work done if the result is positive. You don’t have to pay anything, Compensair will transfer the amount to you minus the commission, usually its size is 25%.

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

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

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

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

Rights of passengers on delayed charter flights

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

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

Collection through court

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

Documents confirming the fact of violation are

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

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

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

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

My flight from Antalya was delayed by 13 hours. Six months later, the tour operator paid me 36,500 RUR for this. Despite the fact that it was a charter and there seemed to be “no guarantees.”

Sergey Boldin

received compensation from the tour operator

Last fall I bought a package tour and flew with my family to Turkey. While we were relaxing, our airline went bankrupt. Our charter departed home with a delay, so I wrote to the tour operator and asked to compensate for the lost time. The operator replied that this should be done by the airline.

The tour operator did not take into account that I am a lawyer and know my rights. I didn’t start a scandal, but collected evidence and filed a lawsuit against him.

Certificates, checks, call details

Problems with our airline began even before we flew on vacation. The day before departure, the travel agent sent us tickets for the charter flight. The departure time was known, the flight appeared in the airport schedule. But when we arrived at the airport, it turned out that the flight was delayed.

By law, if a flight is delayed for more than two hours, the carrier is obliged to provide passengers with free refreshments and organize communication: two phone calls or two emails. If the flight is delayed for more than four hours, he is obliged to feed everyone a hot meal. If it is longer than six at night or eight during the day, stay in a hotel.

Our flight was delayed by more than four hours, but no one offered us food or drinks. We bought them with our own money, I kept the receipts.

While we were on vacation in Turkey, the airline's problems worsened. Compatriots on the beach were discussing the news: some were unable to fly on vacation on a vacation package, others were unable to return home. The day before departure, I asked the hotel guide to extend our stay to be on the safe side. The guide replied that the flight would be on schedule and there was no need to pay for accommodation.

On the morning of our departure, it became obvious that the plane would not arrive for us on time: our flight was not on the airport’s schedule. We didn’t want to wait outside, so we had to arrange a late check-out so that we wouldn’t be evicted from our room. The tour operator's representative was not there, so I paid for everything myself - and asked for a check.

The rest of the day we sat on our suitcases and waited for the tour operator representative to take us to the airport. The departure was postponed several times. After the late check-out time from the hotel had expired, the tour operator still extended our stay - but did not provide the two required phone calls. I called at my own expense and after returning I ordered details of these calls from the telecom operator.

They only came for us in the morning. We were supposed to fly out of Antalya at 8pm but instead left at 9am the next day - with a 13 hour delay.

Upon arrival at the Moscow airport, I went to the information desk and asked to mark the delay of both flights. Such marks are usually placed on the back of the boarding pass or on a printed itinerary receipt.

Then I collected all the documents about violations of our rights and turned to the tour operator for compensation.

Tour operator answers

What's special about a charter

Roughly speaking, the tour operator tells the airline: “I want to rent a plane from you to take 200 people to Antalya on September 9, and return them back on September 23.” The airline replies: “Okay, on the 9th and 23rd the plane is yours for three hours, along with the pilots and flight attendants.”

While the plane is rented from a tour operator, flight delays are his responsibility, which is why he pays compensation. The only exception is if the flight is delayed for safety reasons, for example, if the plane breaks down and it is dangerous to fly. Judicial practice shows that in this case it will not be possible to receive compensation.

The reason for the delay of our flight was not announced at the airport, but it was found on the delay stamps that were placed upon arrival home. The marks “PPS” and “U05” mean “late arrival of the vessel” and “change in departure time by decision of the dispatch service.” Not a word about security.

How to make a claim

The claim must be submitted to the tour operator within 20 days from the end of the trip. The tour operator has 10 days to check everything and respond.

In my claim, I described the situation and demanded that all expenses be reimbursed, as well as compensation for moral damages for the flight delay. In addition, I indicated the account details to which I expect to receive money.

I attached copies of receipts and certificates to the claim and sent all this to the legal address of the tour operator by registered mail. Postal receipts for sending were later useful in court.

Which court to file a claim in?

While the tour operator was thinking about how to respond to my claim, I studied judicial practice on similar disputes. I needed to decide which court to file a claim in if my claim was denied.

As a general rule, a claim must be filed in court at the location of the defendant. But the law protects the consumer as the weaker side of legal relations, and therefore gives him a choice: to sue where the defendant is located or where he himself lives.

If the defendant is a large company, most likely it has already been sued. To find out how it all ended, it is useful to study the judicial practice on the website of the court that has jurisdiction over the legal address of the company. If decisions are often made not in favor of consumers, it makes sense to file a lawsuit in your place of residence. And if you find a court decision in a similar case in favor of the consumer, you can use it to draw up your claim.

Another option is to search through the official websites of city courts of general jurisdiction and magistrates' courts. For example, on the Moscow website there is a section “Territorial Jurisdiction”, where you can determine his court by the address of the defendant. Decisions on claims are usually published in the “Judicial Proceedings” section.

In my case, decisions were often made in favor of tourists, so I did not exercise the right to choose a court. I waited until the tour operator ignored my claim and filed a claim in court at its location.

Statement of claim

In the statement of claim you need to write in which court you are filing it, who the plaintiff and defendant are, at what address they can be found, the price of the claim, what the violation of rights is and what you want to achieve. Also, list documents that support your position. All this information is required; without it, the claim will not be accepted. When drawing up a claim, you should check the Civil Procedure Code of the Russian Federation.

It would not be amiss to cite judicial practice in favor of consumers in similar cases. Consumers do not need to pay state duty.

Before filing a claim, you need to calculate the amount of compensation and the cost of the claim. These are different things. To put it simply, the amount of compensation is all the money you want to receive from the defendant through the court. The cost of the claim is only the money that you lost due to his actions and the penalty provided for by law. The price of the claim does not include compensation for moral damages and a fine for the fact that the defendant did not pay you without a trial.

For example, in my case, the cost of the claim includes the cost of hotel, food, drinks and phone calls. In addition, it includes a penalty for violation of travel dates. In total, I demanded almost 130 thousand rubles from the tour operator, and the price of my claim was 5,123 rubles.

The cost of the claim determines which court will hear your case. If it is less than 50 thousand rubles, then it is global, if it is more, then it is regional. It does not affect anything else in disputes involving service consumers.

In my statement of claim, I demanded from the tour operator:

1. Compensate for the costs of everything that a passenger is entitled to in case of a flight delay: drinks, food, two phone calls and accommodation.
2. Compensate for moral damage to all family members, including two children.
3. Pay a penalty for violation of the terms of service provision - 3% of the cost of the tour package for one day of delay in departure.
4. Pay a fine for refusing to voluntarily satisfy my claim - 50% of the awarded amount of compensation.

I attached two copies of it to the claim - for the tour operator and the travel agency that sold me his ticket. The tour operator is responsible for paying compensation, so there is no point in involving the agency as another defendant. But he can be brought in as a third party - if the judge approves it. A representative of the agency will come to the meeting, and if any questions arise, he will be able to answer them immediately.

So that the trial would not be postponed if I could not come, I asked to consider the claim without me.

This is what my application looked like:

To the statement of claim I attached certificates of flight delays, copies of receipts for food and hotel, call details that I took from the telecom operator, a copy of the complaint against the tour operator, as well as a press release from Rospotrebnadzor that an administrative case was opened against the tour operator due to flight delays.

Complaint to Rospotrebnadzor

Before going to court, you can complain to Rospotrebnadzor. This will not help you obtain compensation without going to court: Rospotrebnadzor does not have the right to oblige the tour operator to pay you money. But he can fine him based on your complaint, and this will strengthen your position in court. In addition, Rospotrebnadzor specialists will tell you how to file a claim and, perhaps, help protect your interests in court.

But all this is in theory. In my practice, the quality of assistance from Rospotrebnadzor depends on the case and it is dangerous to completely trust it with your work.

Therefore, I filed my claim myself.

The court's decision

The court decided that the charter flight was included in the tour package, so the tour operator was responsible for its delay. In December, three months after returning from vacation, the court partially satisfied my demands and recovered from the tour operator:

1. The cost of living at the hotel is 1153 RUR.
2. Penalty for violation of travel dates - 3215 RUR.
3. Moral damage - 20,000 RUR, 5,000 RUR for each family member.
4. The fine for refusing to satisfy a claim is RUB 12,184.

The court refused compensation for expenses for food at the airport and reduced compensation for moral damages. But even taking this into account, the amount of compensation was 36,552 RUR - this is 34% of the cost of the tour.

Receiving compensation

In February, two months after the court decision, I received writs of execution. Now I had to get the money. To do this, it was necessary to send the sheets to the bailiffs, and then wait until they initiate enforcement proceedings and forcefully collect compensation from the tour operator. The law allows two months for this, but the period can be extended. In practice, receiving money greatly depends on the efficiency of the bailiffs and the perseverance of the claimant.

Another option is to receive compensation yourself through the defendant’s bank, but to do this you need to know what kind of bank it is. Sometimes the details of a tour operator’s account can be found on its website or in the contract for the sale of a tour.

My tour operator did not publish its details publicly, but I was lucky. Already when the claim was in court, he responded to my claim and transferred compensation for telephone calls to my account. He rejected the rest of the demands and stated that the carrier was responsible for the flight delay, but this was no longer important: having transferred the money to my bank account, he exposed his own, and when I received the writs of execution, I did not send them to the bailiffs, but simply took them to his bank.

A day after receiving the writs of execution, the bank transferred the money to me.

How to receive compensation from a tour operator

1. Keep all receipts, invoices and call details. All requests and refusals must be in writing. If your flight is delayed, ask the airport to make a note about it.
2. Demand compensation from the tour operator - you have 20 days to do this after the end of your trip. He must answer something in 10 days.
3. If the tour operator is silent or refuses to pay, sue him or complain to Rospotrebnadzor.
4. Look for the tour operator's account details on its website or in the contract. If the court sides with you, they will help you get your money faster.

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

These include:

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

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

Reasons for flight cancellations

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

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

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

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

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

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

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

Flight cancellation due to the airline's fault

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

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

Airline liability in the Russian Federation

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

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

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

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

Airline liability in the EU

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

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

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

At this time, the passenger must provide:

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

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

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

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

If the cancellation occurred several days before

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

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

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

If the cancellation occurred on the day of departure

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

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

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

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

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

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

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

What compensation can you expect?

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

In the Russian Federation

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

In the European Union zone

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

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

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

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

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

In case of warning within seven days or earlier.

IN THE USA

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

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

List of documents for receiving payments

Cash compensation is issued upon provision of:

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

Receipt options

The algorithm for receiving compensation yourself consists of several steps:

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

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

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

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

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

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

When should you file a claim in court?

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

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

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

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

Return deadlines

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

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

Conclusion

If the organization is guilty:

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

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