Airplane flight delays. What to do if your flight is delayed

The peak of charter delays occurs in the summer, when 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 how to correctly perceive this problem.

When the unpleasant message “flight delayed” appears on the board, the main thing is not to panic. It is always advisable to have a representative (of the airline or airport) come to meet you and explain what is happening.

Reasons for charter flight delays

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

• Plane non-arrival
• Airplane breakdown
• Weather (meteo) conditions

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

This is where the first difficulties arise - it is not profitable for airlines to confess, and passengers do not know their rights. So - the flag is in our hands, or rather FAP - federal aviation regulations.

Responsibilities of the airline in case of flight delay

The first thing the air carrier (or airport) must do is inform passengers about changes in the schedule and the reasons for the changes. This is stated in paragraph 92 of the FAP (Federal Aviation Regulations).

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, since they are a higher organization above the airline. The second - as those who have concluded a contract for charter transportation, they are now responsible to passengers for the services provided.

What should you do if your charter flight is delayed?

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

If you are not provided with mandatory services while waiting for a flight, buy them yourself, keep the receipts and submit 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 for the flight delay is proven. In Russia, the amount of compensation for flight delay is determined 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, if a flight is delayed, 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 are entitled to soft drinks and 2 phone calls or the opportunity to send two emails at the airline's expense.

So, if a flight is delayed, the airline is obliged to provide:

• after 2 hours - soft drinks and 2 telephone or email messages,
• after 4 hours - hot food, 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 transportation 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 Law “On Protection of Consumer Rights” 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 protection of the Consumer and compensation can be obtained.

What you need to know about charter flight delays

Different types of liability are shared between scheduled and charter flight carriers. In the latter case, the tour operator who chartered the plane is responsible for 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 make a 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 from the check-in counter. Then, if you are not provided with the necessary “conveniences” 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 the showdown can bring you to court, but often it doesn’t come to that, and the claims are considered by the guilty party in a pre-trial manner.

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.

Consequences of flight delays

Since the beginning of the season, the tourism community has been solving problems with the postponement and cancellation of VIM-Avia flights. In the case of charters, responsibility for transporting vacationers to their vacation destination passes to the customer of the transportation, that is, the tour operator.

If you fly often, you've probably experienced a flight delay at least once. But if a passenger is on his first flight and the flight is delayed for some reason, this can lead to panic. In this case, the passenger must remember his rights: if he arrives at the airport on time, but is unable to fly at the appointed time through no fault of his own, the carrier is obliged to reimburse him for all expenses.

Why is there a delay in plane departure?

The reasons for flight delays may depend on the carrier itself, or on other conditions. Among the most common are:

• difficult weather conditions;
• board malfunction;
• technical problems at the airport;
• force majeure situations in countries and cities where the aircraft is heading.

If a plane's departure is delayed due to weather conditions, unfortunately, airline personnel cannot always give a clear answer to the question of when the plane will be able to take off. No captain would risk the lives of dozens of passengers. Of course, people are worried and angry. But in this situation, it is important to understand that the flight is delayed because the carrier cares about your safety.

Usually the carrier has a spare plane in reserve in case of some kind of malfunction. If before departure it turns out that the plane is faulty, it is replaced with another one. But if the carrier does not have a reserve plane in its arsenal, it is entirely his fault, and the passenger has the right to demand compensation for the inconvenience caused.

The most common delays occur on charter flights.

Passenger rights in case of flight delay

When there is a change in departure time, this entails an increase in passenger costs. Some people go for a coffee or a stroll through the airport shops. But if the flight is postponed by several hours, you have to spend money on food and accommodation, as well as communication services - in order to calm worried relatives, reschedule a hotel reservation or an important meeting.

If there is a flight delay, the carrier company is obliged to cover the costs of the passengers. Usually people are offered:

• hot meals - if the flight is delayed for several hours;
• hotel accommodations - if the flight delay exceeds 8 hours during the day or 6 hours at night;
• mother and child rooms - for passengers with children;
• the right to use the telephone or the Internet;
• compensation for the difference in price if the passenger decides to return or exchange the ticket.

Typically, an airline that values ​​its customers provides these services without unnecessary reminders. But in some cases, unpleasant situations for the passenger occur when the carrier decides to save money and refuses compensation. In this case, the passenger can file a claim with the airline management or go to court.

The sample claim for a flight delay is quite simple: the “header” indicates the name of the airline, as well as the passenger’s details. The text of the claim is written in free form. It is imperative to record here the ticket number, flight number, destination and departure time indicated in the travel document. At the request of the passenger, you can list the expenses that had to be incurred in connection with the current situation.

Airlines usually respond to passenger complaints. And if it comes to court, most disputes are resolved in favor of airline clients.

If a flight is delayed, the passenger has the right to refuse the flight, demand compensation for losses and moral damages, collect a fine from the carrier and receive free luggage storage services, provision of soft drinks, hot meals, etc.

Flight delay

A flight delay is a break in air transportation due to the fault of the carrier (airline) or a forced delay of an aircraft during departure and (or) in flight. The main reasons for flight delays may be technical malfunctions of the aircraft, bad weather conditions, or late arrival of the aircraft.

In case of a flight delay, the waiting time for flight departure begins from the time of departure of the flight indicated on the ticket (clause 99 of the Federal Aviation Regulations, approved by Order of the Ministry of Transport of Russia dated June 28, 2007 N 82).

Passenger rights in case of flight delay

If a flight is delayed, the passenger has the following rights (clause 2 of article 108 of the RF CC; clause 227 of the Federal Aviation Regulations; clause 2 of article 13, article 15 of the Law of 02/07/1992 N 2300-1):

1) the right to refuse a flight. Such a refusal to transport is considered forced, and in this situation the carrier is obliged to return the cost of the air ticket even if the ticket was “non-refundable”;

2) the right to compensation for losses and compensation for moral damage. Thus, the passenger has the right to appeal to the carrier (airline) with a claim for compensation for losses that he incurred due to the flight delay (if, for example, pre-paid excursions were canceled, the passenger was late for the train, etc.).

The passenger must attach copies of documents confirming the losses incurred to the claim to the carrier. The claim is presented to the carrier at the airport of departure or at the airport of destination. For domestic air transportation, such a claim is made within six months from the date of flight delay (clause 4 of article 124, clause 4 of clause 1 of article 126 of the RF CC);

3) the right to collect a fine from the carrier for delay in delivering the passenger to the destination. Such a fine is set at 25% of the established minimum wage for each hour of delay, but not more than 50% of the cost of the air ticket, unless the carrier proves that the delay occurred due to force majeure, elimination of an aircraft malfunction that threatens the life or health of passengers, or other circumstances, independent of the carrier (Article 120 of the RF CC).

Reference. Minimum wage affecting the size of the fine

The amount of the fine established depending on the minimum wage is determined based on an amount equal to 100 rubles. (Art. 5Law of June 19, 2000 N 82-FZ).

During international air transportation, the carrier bears responsibility established by the relevant international treaties of the Russian Federation. Thus, in the case of transportation covered by the Montreal Convention, the carrier’s liability is limited to the amount of 4,150 special drawing rights (Article 3 of the RF CC; Article 19, paragraph 1 of Article 22, paragraph 1 of Article 23, Art. 55 of the Montreal Convention of May 28, 1999; paragraph 1 of the Law of April 3, 2017 N 52-FZ).

The carrier may also enter into an agreement with passengers to increase its liability compared to the above amounts. In this case, the amount of the carrier’s liability is determined on the basis of this agreement (Article 123 of the RF CC).

Services that a passenger has the right to receive at the airport if a flight is delayed

In addition to the above rights, if a flight is delayed, the passenger has the right to be provided free of charge by the carrier with additional services, namely (clause 99 of the Federal Aviation Rules):

1) to organize luggage storage;

2) provision of mother and child rooms to a passenger with a child under seven years of age;

3) provision of refreshments, as well as two phone calls or two emails when waiting for a flight to depart for more than two hours;

4) provision of hot meals when waiting for flight departure for more than four hours. If the flight is further delayed, meals will be provided every six hours during the day and every eight hours at night;

5) accommodation in a hotel when waiting for a flight departure for more than eight hours - during the day and more than six hours - at night, as well as delivery of passengers by transport from the airport to the hotel and back.

"Electronic magazine "ABC of Law", current as of 12/05/2018

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Air transport is undoubtedly the fastest, most convenient and safest, so it is not at all surprising that most travelers choose to travel by plane. But unfortunately, not all airlines fully cope with their work. In particular, some people delay their flight, and not because of the vagaries of the weather.

Many people have probably had to deal with this rather unpleasant situation, but not everyone, as practice shows, knows the rights of passengers when their flight is delayed. Let's try to analyze this topic more carefully so that everyone, if necessary, can independently deal with the pressing problem.

First of all, you should understand: the purchased air ticket acts as a contract with the carrier, which in the future must serve passengers. And his main responsibility is to deliver the client to the right place in a timely manner and take care of his safety.Taking into account previously established rules regarding the protection of consumer rights, the airline, when a flight is delayed, is obliged to:

1. Passengers with small children whose age has not exceeded 7 years will be provided with a room for mother and child free of charge, regardless of whether the flight departure is delayed by 30 minutes or 6 hours.
2. A carrier that delays a flight by 4 hours is obliged to provide hot meals free of charge to adults and children. For this purpose, clients are issued coupons with which they can order lunch at restaurants or coffee shops operating on the pier territory.
3. If the departure of the airliner is delayed for a longer time, approximately 7-8 hours, the culprit of the delay is obliged to provide its clients with places to stay in the hotel complex. If there is no hotel on the territory of the airport, the airline pays for the transfer and also controls the safety of the luggage of all passengers.

Unfortunately, not many companies are committed to providing both drinks and food stamps to their customers. Therefore, passengers should take the initiative to contact representatives to remind them of the airline's responsibilities in the event of a flight delay.

Under what circumstances is the carrier considered at fault?

Initially, you need to figure out whether the air transport departure is really delayed due to the fault of the company. The Civil Code of the Russian Federation clearly indicates the reasons why the carrier will be considered as the culprit:

• in case of inconsistency in the previously approved schedule;
• if the airliner or crew members are not ready to serve customers;
• when passengers refuse to use the carrier’s services due to so-called overbooking: that is, if the company decides to put more clients on board the aircraft than are provided in the passenger seats.

The carrier is considered innocent if the following reasons prevent him from fulfilling his duties in a timely manner:

• unfavorable, sharply changed weather conditions;
• all kinds of natural phenomena - for example, fire or floods;
• actions of military significance;
• a ban on the transportation of goods or passengers in the selected direction.

Also, the airline will not be guilty of delay if the crew identifies a malfunction in the vehicle that could cause the airliner to crash.

What can a passenger expect?

Clearly, an airline has a responsibility to all of its customers. Depending on how many hours the air transport departure will be delayed, the actions of the airline employees depend:

1. If the plane's takeoff is delayed by a couple of days, the at-fault party can offer its clients two ways to solve this problem:

• flight in the desired direction on another transport serviced by the same carrier;
• refund of the full amount of money spent on the purchase of an air ticket. In this situation, it should be borne in mind that it will be possible to return the money spent on tickets in both directions only if the purchased tickets are marked on a single form.

1. If the departure of transport is delayed after customers have arrived at the airport, and they are currently checking in, then first of all the carrier must inform about the delay time, and also offer several options to get out of the unpleasant situation. Most often, passengers are simply asked to fly using the service of another airline, without making additional payment if the culprit is the previously chosen carrier.

Important! Compensation for aircraft flight delays is due to all passengers flying in EU airspace.

Amount of compensation in the Russian Federation

If the company cannot prove its innocence regarding the delay in air transport departure, then, according to the current legislation of our country, it must pay its customers 3% of the total cost of the air ticket for every 60 minutes of forced waiting. The amount of money under other circumstances is considered as compensation for the delay. Also, the culprit is required to pay 25% of the minimum wage as a fine for every 60 minutes, but the total payment amount should not exceed half the purchase price.

According to the law of our country, the injured party is not entitled to other types of compensation. But the passenger has the right to both demand a refund of the amount spent on the ticket and use the services of an alternative flight offered by the culprit.

What actions should be taken if the plane's departure is delayed?

So, the air transport departure has been delayed. First of all, you need to find the office of the guilty carrier or contact his representative. An employee can be found at the check-in counter or at the airport ticket office. If the passenger has already passed passport control, then the representative may be at a special gate, from which, according to the previously approved plan, the plane should take off.

If you cannot find a representative, you should find out at the information desk where you can find an employee, or call the airline office, finding out the phone number on the carrier’s official website.

Having found a representative, you need to get from him everything that the injured party needs, taking into account the flight delay: drinks, food stamps and hotel room. And it is imperative to receive a note from the employee, which will clearly indicate how long the flight departure will be delayed. The airport employee serving customers at the information desk can also put the appropriate mark.

Most often, the delay time is noted on the itinerary receipt, and it is also indicated here what exactly the injured party received - for example, food stamps and so on.Even if it is not possible to put a confirmation mark, there is no need to worry prematurely, because the delay will be documented, which means that upon arrival, passengers have the right to send a written complaint to the office of the guilty airline.

Receiving compensation

It is equally important to figure out how to get compensation. This process is quite simple, because for this you will need to have a note on hand about the flight delay due to the fault of the carrier. Upon returning from a trip, the injured party must contact the airline with the following documents:

1. An application written according to a special template, which can be viewed on the air carrier’s Internet resource.
2. Boarding pass.
3. A note about the flight delay placed on the boarding pass.

The exact time for refunding money is not specified in Russian legislation, so the carrier has the right to make adjustments, of course, within a reasonable understanding, regarding this issue. As practice shows, most often financial compensation is received by injured passengers 2-3 months after submitting documents.

However, the consideration of the case can often drag on for 6-7 months.

Regardless of how long the airline reschedules the flight, you need to try to collect as much evidence of this fact as possible in order to receive compensation. That is, get a note about the delay, collect receipts issued for the purchase of food and drinks, and even take a photo of the takeoff and landing board of the previously selected flight to confirm a change in the previously established status. The more evidence is collected, the higher the chance of receiving financial compensation for the injured party.

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The impressions of a long-awaited vacation may be blurred through no fault of yours. Reports of long flight delays and angry passengers whose rights have been violated appear regularly. It is important not to forget that the procedure for both tourists and airlines is clearly regulated. We will learn about how to behave and what you can count on if you find yourself in an unpleasant situation from the head of the legal department of Persona Grata Legal Agency LLC, Irina Dotsenko. 1/ 1 Previous photo

In accordance with paragraph 99 of the Air Transportation Rules, in the event of a break in transportation due to the fault of the carrier, as well as in the event of a delay or cancellation of a flight due to unfavorable meteorological conditions, for technical and other reasons, changes in the transportation route, the carrier is obliged to organize for passengers at the points of departure and intermediate the following services:

1. Providing mother and child rooms to a passenger with a child under 7 years of age;
2. Two phone calls or two emails when waiting more than two hours for a flight to depart;
3. Providing refreshments when waiting for a flight to depart for more than two hours;
4. Providing hot meals when waiting for a flight to depart for more than 4 hours and then every 6 hours during the day and every 8 hours at night;
5. Accommodation in a hotel when waiting for a flight departure for more than 8 hours during the day and more than 6 hours at night;
6. Delivery by transport from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee;
7. Organization of luggage storage.

These services are provided to passengers at no additional charge. The waiting time for flight departure begins from the flight departure time indicated on the ticket.

The impressions of a long-awaited vacation may be blurred through no fault of yours. Reports of long flight delays and angry passengers whose rights have been violated appear regularly. It is important not to forget that the procedure for both tourists and airlines is clearly regulated. We will learn about how to behave and what you can count on if you find yourself in an unpleasant situation from the head of the legal department of Persona Grata Legal Agency LLC, Irina Dotsenko. 1/ 1 Previous photo

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

And here's what you need to do for this:

First, the passenger must contact the airline representative at the airport (airport employee at the information desk) and obtain a document confirming the flight delay (usually a note about the flight delay is placed on the itinerary receipt or boarding pass). Next, you need to collect all the receipts confirming the expenses you incurred due to the flight delay, and upon arrival at your destination, send a claim to the airline demanding compensation for moral damages. If the airline refuses to voluntarily satisfy your demands, you can go to court.

According to Federal Law No. 52-FZ of April 3, 2017, Russia joined the 1999 Montreal Convention on the Unification of Rules for International Air Transport, which has already been ratified by more than 120 countries. What will change for air passengers?

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

If, according to the norms of the Air Code of the Russian Federation, the company’s liability for damage due to flight delay is 1875 RUB for each hour of downtime (but not more than 50% of the ticket price), then according to the new rules, compensation will be limited not to half the cost of the ticket, but to the amount of 332 thousand .RUB

The amount of compensation for loss of luggage by the carrier currently cannot exceed 600 RUB per 1 kg (for luggage) and 11 thousand RUB for hand luggage if the value of the luggage cannot be accurately determined. According to the Montreal Convention, the carrier's liability in the event of destruction, loss, damage or delay is limited to an amount of approximately 78 thousand RUB in relation to each passenger.

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

As a result of the long delay, vacation time at the resort was reduced. To whom should tourists address their claims?

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

What is the chance of getting compensation for a flight delay?

By virtue of paragraph 1 of Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the passenger has the right to demand full compensation for losses caused to him in connection with violation of the terms of provision of services. In accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right.

Based on Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of the seller’s violation of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.