Providing food in case of flight delay. What financial compensation is due in case of flight delay or cancellation? What is a Russian airline obliged to do if a flight to the Russian Federation is delayed?
Anyone who has traveled by plane has experienced flight delays. But not many people know about their rights, as well as the airline’s responsibilities in such situations.
Rights of passengers and obligations of airlines when a flight is delayed within Russia
In Russia, according to paragraph 99 of the Federal Aviation Rules of the Russian Federation, in the event of a break in transportation due to the fault of the carrier, as well as in the event of a flight delay, flight cancellation due to unfavorable meteorological conditions, for technical and other reasons, changes in the transportation route, the carrier is obliged to organize for passengers at points departures and at intermediate points the following services:
If flight delayed for 2 to 4 hours: two phone calls or two emails, free drinks, free access to the mother and baby room (if you are flying with children under seven years old).
If the flight is delayed from 4 to 8 hours: free hot meals. If the flight is delayed for a long time, feeding should be done every six hours during the day and every eight hours at night.
If flight delayed more than 8 hours during the day or more than 6 hours at night, the airline is obliged to accommodate you in a hotel and provide round-trip transfers. At the same time, according to the law, you must be accommodated in a separate room without strangers. The airline is also obliged to ensure the organization of baggage storage.
Don't expect airline staff to come looking for you and hand you out refreshments or food vouchers. In most cases you will have to remind yourself. Do not hesitate to find an airline representative and inform him of the responsibilities.
What financial compensation is due if a flight is delayed within Russia?
A flight delay often entails additional expenses - you missed an important meeting, a hotel reservation “disappeared”, a canceled excursion, etc. In this case, financial compensation is provided.
An important point needs to be clarified.
The airline is not to blame in the event of the following force majeure circumstances: natural disasters (fires, drifts, floods) and weather conditions, military operations, cessation or restriction of cargo transportation in certain directions, as well as, in some cases, staff strikes or malfunctions threatening the life and health of passengers (Articles 794 and 795 of the Civil Code of the Russian Federation).
In other cases, the airline is liable for violation of the contract of carriage. So what kind of material compensation are we entitled to?
If the airline cannot prove the impact of force majeure on the flight delay, she is obliged:
- pay the passenger 25% of the minimum wage for each hour of waiting, but not more than 50% of the ticket price, as a fine (Article 120 of the Air Code of the Russian Federation).
According to current legislation, passengers are not entitled to additional compensation for canceled flights, however, passengers have the right to a refund of the cost of tickets or an exchange for an alternative flight offered by the carrier.
These responsibilities of air carriers are regulated by the Federal Aviation Rules “General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, and Consignees,” as well as the Air Code of the Russian Federation.
What needs to be done to receive compensation.
First of all, find an airline representative. It can be at the counter where you checked in for the flight, as well as at the airline ticket office at the airport. If you have already passed pre-flight inspection, then the employee can be found at the exit (gate) from where the plane was scheduled to depart.
If you cannot find it, ask any airport employee (preferably at the information desk) where to look for it.
If this doesn’t help, call the airline’s call center.
You will need to receive a flight delay note from an airline representative.
Sometimes these duties are performed by one of the airport employees. Therefore, if you do not find a representative of the airline, ask for a check from an airport employee; to do this, go to the information desk.
What does a flight delay mark look like?
Don't worry if you couldn't find anyone. The fact that the flight was delayed is absolutely clearly recorded in the documents, so if you were not provided with anything that was required, then upon your return, you can safely write a claim to the airline. Please enclose your boarding pass with your application.
You may be faced with a situation where the airline refuses to provide hotel and meals. In this case, keep all receipts for expenses incurred. Upon return, write a pre-trial claim to the airline, attaching copies of all receipts, boarding pass, and notes about the delay.
Please be patient and possibly have the help of a lawyer.
Passenger rights and airline responsibilities when a flight is delayed in Europe.
If your flight is delayed in the European Union, you are entitled to much more.
Air travel within the EU is regulated by Regulation EC No. 261/2004 of the European Parliament and of the Council of 11.02.2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights. All airlines flying within the EU are guided by this document.
This resolution applies:
- to any airlines that fly from an airport located in the EU. For example, an S7 or Aeroflot flight from Rome to Moscow is also subject to this law.
- to all airlines registered in the EU, if the flight destination is in the EU. For example, if an Air France flight departs from Rio de Janeiro to Paris.
According to this resolution, if a flight is expected to depart later than indicated in the schedule:
- For 2 hours or more, provided that the flight distance is 1,500 km or less, or
- For 3 or more hours for flights within the EU of more than 1,500 km, and for all other flights between 1,500 km and 3,500 km, or
- For 4 hours or more in all other cases.
The carrier is obliged to offer you free of charge:
- Nutrition
- Hotel accommodation (if you need to stay one or more nights)
- Transfer between the airport and your accommodation
- 2 phone calls, faxes, or emails.
And now the most interesting thing - how much can you get from the airline?
What financial compensation is due in case of flight delay or cancellation?
According to Regulation (EC) No 261/2004 of the European Parliament and of the Council, if your flight is delayed, regardless of the cost of the ticket, you are entitled to compensation.
For each passenger, compensation for delays, flight cancellations or denied boarding ranges from €250 to €600. The amount varies depending on the distance of your flight and the length of the delay (see table below). Receiving compensation is possible if the following conditions are met:
One of the following happened to you:
- Your flight was delayed for at least 3 hours
- Your flight has been canceled
- Your flight was delayed by less than 3 hours, but because of this you missed your next connecting flight, and as a result arrived at your final destination more than 3 hours late
- You were denied boarding due to lack of available seats (overbooking)
Also if:
- Flight delay/cancellation is not caused by adverse weather conditions, air personnel strike or other force majeure circumstances
- No more than 6 years have passed since the flight
You are not entitled to compensation in the following cases::
- you were notified of the flight cancellation at least 14 days before the scheduled flight date;
- the airline has offered you another flight on the same route.
Compensation for denied boarding
In the event of a denied boarding, airlines will first look for passengers who can give up their reservation in exchange for certain benefits. The carrier must offer volunteers a choice between:
- Refund of the full cost of the ticket
- Changing the route
If the passenger chooses to change the route, the carrier undertakes to provide him with support while waiting for the next flight. This may include meals, telephone access, hotel accommodation (one night or more as needed), and transportation from the airport to your accommodation and back.
If you do not wish to cancel your booking and are refused boarding, you are entitled to compensation of between €250 and €600 per passenger plus a refund of the full cost of the ticket.
The service works very simply - you fill out an application in Russian on the website. Fill in flight details and a short description
It takes 2 minutes. Does everything else. If the decision is positive, the agency withholds 25% of the amount. The service operates on a win-no-fee basis, that is, you pay only according to the results. Nothing is paid in advance!
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What to do if your flight is delayed or your luggage goes missing
Ivan and Masha are newlyweds. There is a honeymoon trip to Paris ahead.
This is their first flight and first trip abroad. In the wedding bustle, they managed to buy tickets, but did not read anything about how to behave at the airport. This is what came out of it.
Andrey Eres
goes on business trips every month
Flight was delayed
The flight was delayed in Moscow for 7 hours. During this time, Ivan and Masha bought 2 bottles of water from the vending machine and had dinner in a cafe. It cost 1800 RUR and they wasted that money. You could get everything from the airline.
If the crew did not have time to prepare the board or there was an error in the schedule, the flight was delayed due to the fault of the airline. For this, she compensates passengers for the inconvenience with money.
If a plane doesn't take off due to bad weather, it's not the airline's fault. In this case, there is no need to demand compensation.
To receive compensation, you need to confirm your flight delay. To do this, mark the delay with airline representatives or at the information desk. It is more convenient to do this at the airport of arrival: you will not have to check the box several times if the flight is delayed again.
If you wait for a long time, you are entitled to drinks, food and accommodation for the night. Check this with airline representatives. If you are denied service, draw up a free form protocol with other passengers. Buy what you need yourself and keep the receipts - then attach them to your claim.
If you decide not to fly due to a delay, the airline will refund your ticket. Russian - for any delay, European - for a delay of more than 5 hours.
The same rules apply for a canceled flight.
How to get money for a delay
After your trip, contact the airline and ask for compensation. We will tell you exactly how to do this and how much you are owed in a separate article.
You missed your connecting flight
Ivan and Masha planned the transfer themselves and bought tickets on different airlines. From Moscow to Berlin - “Es-7”, from Berlin to Paris - “Air Berlin”. Due to the delay, they missed their next flight. They had to buy new tickets for 160 € (12,276 RUR).
The entire route must be on one ticket, even if it consists of flights from different airlines. In this case, the airline is responsible for ensuring that the passenger reaches the end of the route. If you connected your flights yourself, the airline will not reimburse the cost of the ticket.
Buy all flights in one ticket
How to get a new ticket
At the transfer point, go to the counter of the airline that delayed the first flight. Explain what happened. The airline has entered into a contract of carriage with you, which means it must deliver you to the end of the route. Airline staff will transfer you to the next plane.
If you wait more than 2 hours for the next flight, the airline must give you something to drink, feed, and take you to a hotel. Passengers' rights are the same as in case of flight delay. If service is refused, draw up a protocol and collect receipts. Then you will demand compensation.
Ivan and Masha did not have to pay for new tickets.
Baggage was damaged or lost
In Paris, Ivan and Masha did not find one suitcase on the luggage belt. Luckily, the suitcase was intended for souvenirs and purchases, so it flew empty. The newlyweds were tired of the long flight and decided not to deal with the loss. We bought a new suitcase in Paris for 30 € (2301 RUR).
If your luggage has not arrived, go to the baggage tracing department - “Lost-n-found”. A specialist will draw up a report for lost luggage and check where it is.
If your luggage was not loaded onto the plane, it will arrive on the next flight. You can return for it yourself or leave your address, then the courier will deliver the luggage.
If luggage was sent to another airport or lost, the airline must find it and deliver it to the passenger. 21 days are allotted for the search. After this period, the baggage is considered lost and the airline must pay compensation for it.
If you arrived from abroad, fill out a declaration for missing luggage at customs. Give a copy to the airline representative. This is how the airline will deliver your luggage to your home. Otherwise - only to the airport of arrival in Russia, and upon receipt you will have to pay customs duty - 4 € (306 RUR) per kg.
How to get money for lost luggage
Notify airline representatives if essential items such as money, warm clothes, medicine or baby food are left in lost luggage. Usually the airline meets halfway and pays for the purchase of these items and transfer to the hotel. In some cases, they can give cash, but not more than $100 (6689 RUR).
To receive compensation, fill out an application on the airline's website. If there is no such form on the website, make a free-form claim and give it to an airline representative or send it by mail. Please include a lost baggage report, boarding pass and baggage tag with your claim.
For lost luggage, the Russian airline pays 600 rubles per 1 kg of luggage on domestic flights, and 20 $ (1337 RUR) on external flights. European - about 1200 € (92,070 RUR) per bag.
If the bag is damaged, the airline will pay for repairs or the cost of the bag. To do this, they will ask for a receipt from a workshop or store, so keep your receipts. Claims for damaged luggage must be submitted within seven days of arrival.
For lost luggage, Ivan and Masha could receive 1200 € - or 92070 RUR.
How insurance can help
Add the “Trip Cancellation” option to your insurance policy. Then the insurance company will compensate for the fine for returning a ticket, hotel reservation or burned-out voucher.
Some insurance companies will compensate for flight delay costs. Some return money for meals, telephone calls and hotels. Others pay for the delay time. For example, “Consent” pays 25 € (1918 RUR) for each hour after 6 hours of delay, but not more than 300 € (23 017 RUR). This insurance is more profitable: food and hotel will be provided to passengers by the airline.
Conditions for flight delay insurance on the Soglasiya website
For 7 hours of waiting, Ivan and Masha could receive 25 € - or 1918 RUR - from insurance.
The additional option “Insurance against lost luggage” will help compensate for the cost of a missing suitcase: the insurance company will pay a fixed amount for each kilogram or for the suitcase as a whole. Some insurance companies will cover expenses for essential items. For example, Tinkoff Insurance pays 40 € (3069 RUR) per kilogram of luggage and 50 € (3836 RUR) for emergency needs.
Sometimes insurance companies reduce the amount of compensation: they deduct the money paid to the tourist by the airline. Check the rules in the insurance contract.
For a lost bag weighing 5 kg, Ivan and Masha could receive 200 € from insurance - about 15,345 RUR.
Remember
- Connecting flights must be on the same ticket.
- If your flight is delayed, find out why.
- After a two-hour delay, ask the airline when food and drinks will be available.
- Keep receipts for food and hotel if the airline refuses assistance.
- Check the flight delay box at your arrival airport.
- File a report for lost luggage at the Lost and Found department.
- Include additional options for flight delays and lost luggage in your insurance.
Flight delay compensation
If your flight is delayed, you should know the following basic rights and actions:
1. Passengers on charter and regular flights have the same rights. The carrier is equally liable to the passenger for the delay of both a charter and a regular flight.
2. You have the right to reliable and accurate information. Contact a representative of the airline operating the flight (most carriers have representative offices or designated counters at almost all major Russian airports) or, if you are flying from a small airport where there is no official airline representative, the airport information desk. In any case, they must explain to you why and how much the flight departure is delayed.
If the responsible persons of the air carrier or airport refuse to understand you, then you can remind them that in accordance with the requirements of paragraph 72 of the Federal Aviation Regulations “General rules for the air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees”, approved by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82 (hereinafter referred to as FAP), regular flights are operated in accordance with the aircraft schedule generated by the carrier and published in the computer database of aircraft schedules, and charter flights - in accordance with the charter flight plan (schedule) .
At the same time, paragraph 73 of the FAR defines the information requirements for each regular flight, which the published aircraft schedule must meet. In the event of a change in the aircraft schedule, the carrier must take possible measures to inform passengers with whom an air transportation agreement has been concluded about the change in the aircraft schedule in any available way (clause 74 of the FAP).
Information about the delay or cancellation of the flight, as well as the reasons for the delay or cancellation of the flight, is communicated to passengers by the carrier or the organization carrying out airport activities (service organization) directly at the airport in visual and/or acoustic form (clause 92 of the FAR).
3. You have the right to request that a representative of the airline or employees of the airport of departure/destination put a note on the ticket about the flight delay. It is necessary if you later write a claim to the carrier or sue him. Ask a representative of the airline/airport to write down the exact time of the actual departure by hand and certify with a stamp (this can be done upon boarding or re-check-in - this is carried out in cases where tourists were accommodated in a hotel during a flight delay).
4. In case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99. FAP, is obliged to organize the following services for passengers free of charge:
1) provide a mother and child room to a passenger with a child under 7 years of age;
2) organize luggage storage.
4.1. If the flight delay is more than two hours:
1) 2 phone calls or 2 emails;
2) soft drinks.
4.2. If the flight delay is more than four hours:
1) hot meals; At the same time, they should feed hot food every 6 hours during the day and every 8 hours at night.
4.3. If the flight delay is more than six hours:
1) accommodation in a hotel (if waiting for departure more than 6 hours at night and more than 8 hours during the day);
2) organize delivery by transport from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee.
It is customary to accommodate passengers in the hotels closest to the airport. You do not have the right to be placed in a double room with strangers. If the conditions are not at all satisfactory, you have the right to choose a hotel yourself and wait for departure there, having previously agreed with airport representatives that you will be notified of the departure time. In this case, pay for the room yourself. And after returning home (or arriving at the resort), you will need to write an official request to the main office of the airline demanding a refund of part of the amount spent.
5. If the airline, in order to reduce the time of delay to a minimum and possible claims to zero, sends you on a different route or flight of another company, then this must be carried out exclusively at the expense of the airline or the airport, there can be no talk of any additional payments in this case .
6. If, due to a flight delay, your trip has become shorter, you have the right to demand a refund from the tour operator for all paid but unused services: a night in a hotel, a missed excursion, etc. As a rule, claims are made after returning from vacation. At the same time, one must keep in mind that tour operators willingly offer compensation right on the spot: an additional excursion, full board instead of breakfast, etc.
7. In accordance with the provisions of Article 120 of the Air Code of the Russian Federation, for delay in delivering a passenger to the destination, the carrier must pay a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage charge.
Tourists should take into account that a fine cannot be collected if the change in flight departure time was due to force majeure, the elimination of an aircraft malfunction that threatens the life or health of the aircraft's passengers, or other circumstances beyond the control of the carrier.
According to the provisions of paragraph 3 of Article 401 of the Civil Code, circumstances of force majeure do not include violation of obligations on the part of the debtor's counterparties, the absence on the market of goods necessary for fulfillment, the debtor's lack of necessary funds (for example, to pay for fuel), and the carrier has the right to cancel or delay the flight specified on the ticket, change the type of aircraft, change the transportation route only if required by flight safety and/or aviation security conditions, as well as at the request of government authorities in accordance with their competence.
To receive compensation, you must submit a claim to the airline, attaching copies of documents confirming your right to compensation. According to the provisions of Article 126 of the Air Code, a passenger has the right to file a claim against the carrier (the application can be submitted in person or sent by registered mail) within 6 months from the date of arrival - at the airline representative office at the airport of destination or departure. The carrier company is obliged to consider your claim within 30 days.
If the appeal was ignored or the culprits refused to compensate your expenses, you have the right to sue them. Claims against the carrier in accordance with the relevant rule on exclusive jurisdiction contained in Part 3 of Article 30 of the Civil Procedure Code of the Russian Federation are brought to the court at the location of the carrier against which the claim was filed in the prescribed manner.
The statement of claim to the court will need to include copies of the air ticket with a note about the flight delay (cancellation), invoices for the expenses you incurred (for example, for hotel, meals, telephone calls), as well as your written claim to the carrier and the response of its representatives.
8. The fact of cancellation or delay of a flight due to the fault of the carrier, as well as failure by it to fulfill the duties assigned to it in accordance with paragraph 99. FAP for the appropriate service of passengers may, in the event of a culpable interruption in transportation, be grounds for passengers to present to the carrier a claim for compensation for moral damage due to the infliction of the corresponding physical and moral suffering (based on Article 15 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”). The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.
Air transportation will always be one of the most efficient and fastest ways to get anywhere on the planet. Sometimes an airplane is the only way for a person to get home, and island states are not worth mentioning. All that remains is either a long journey by sea or a comfortable flight.
Of course, air travel is considered one of the most expensive ways to travel, so passengers should be fully aware of their rights to avoid getting into an unpleasant situation. Many people do not know that the airline carrier is responsible for every detail regarding the flight. In European countries, people not only know about their rights, but also skillfully use them. And citizens of the Russian Federation are often not aware of their rights, which leads to unnecessary expenses.
Flight delay
First, let's look at what rights a passenger has if the flight is delayed. Flight delay is a scary phrase that all passengers waiting for their flight are afraid of, because it threatens many hours of tedious waiting at the airport. Fortunately, in such cases they can calmly demand from the airline that was supposed to provide the flight, overnight accommodation and meals if the delay is too long.
The question arises, where should the passenger go? who found himself in a similar situation? Typically, when the announcer announces a flight delay, he also tells passengers where they can get all the information they need and where to go to complain. If the passenger did not hear this or did not understand something, then you can approach the registration service employees. They will simply have to help him. In the most ideal situation, passengers on a delayed flight may be approached by an airline official to ensure they have a comfortable stay at the airport.
The logic is that the longer a person stays at the airport waiting for a flight, the more benefits the carrier should provide him. Based on the time distribution, we get the following:
1. If the flight is delayed by more than two hours, the air carrier is obliged to:
- provide each passenger with the opportunity to make two phone calls or send two messages by mail;
- provide each passenger with refreshments.
2. If the flight is delayed by more than four hours, the air carrier is obliged to:
- provide all waiting passengers with hot meals. In the event of a particularly long delay, meals must be provided every six hours.
3. If the flight is delayed by more than eight hours, the air carrier is obliged to:
- deliver all passengers to the hotel free of charge, payment for accommodation in which will also fall on the shoulders of the carrier.
4. Regardless of the duration of the flight delay, the air carrier undertakes:
- provide a specially equipped room to all passengers with children under 7 years of age;
- organize free luggage storage for all passengers.
One of the most important facts is that Passengers should not be at all interested in the reason for the delay, since the degree of liability of the airline does not depend on it. Thus, you should not fall for the tricks of air carriers trying to justify themselves with sophisticated reasons.
Rights of air passengers under Russian legislation
As for the rights of aircraft passengers in Russia, they are all based on the relevant order of the Ministry of Transport, which contains detailed instructions on the actions of carriers in situations such as flight delays. According to this document,
If the flight was interrupted or the flight was delayed due to the fault of the airline, due to difficult weather conditions or due to a breakdown, the representative of the air carrier company must provide passengers with all the necessary comfortable conditions during the waiting period completely free of charge.
The Air Code of the Russian Federation provides for a corresponding article, which also addresses this issue. Article 120 states:
The purchase of an airline ticket is a kind of conclusion of an agreement between the passenger and the airline.
Therefore, failure to deliver a person to their destination on time or other problems with a given flight can be considered a breach of contract. Therefore, the carrier is obliged to pay this person a fine, the amount of which is 25% of the minimum wage for a working hour, which in monetary terms is about 25 rubles per hour. Those. For each hour of delay, the passenger must receive at least 25 rubles. Although the condition must also be met that the maximum amount of the fine cannot exceed half the cost
When resolving some issues regarding flight delays, passengers can also refer to Article 28 of the Law “On Protection of Consumer Rights”:
If an air carrier refuses to provide passengers with food and hotel accommodation, they have every right to provide themselves with such benefits and then demand reimbursement of such costs from the airline.
This law obliges the carrier to pay all passenger costs associated with flight delays, because they were produced only through the fault of the carrier. After all, if the flight had taken place as scheduled, the passenger would not have to experience additional inconvenience, and the purchase of an expensive ticket would be justified.
As for luggage insurance and compensation for its loss, slightly different provisions of the laws apply, which we will discuss in detail in the article about
The passenger should also know that he has the right to return the ticket and get his money back, but we will talk about all the nuances of this issue in the article, which is dedicated to
Problems with air transportation often affect the quality of rest of our tourists. Increasingly, you can hear about blatant cases of delays or cancellations of flights by seemingly quite large and well-known airlines. For example, the recent problem that arose among tourists with VIM-Avia caused a lot of noise. Of course, you can talk a lot about who is to blame for this, speaking on lengthy topics, but it is worth remembering that first of all, living people suffer from this, who have planned their vacation or are forced to fly to another city or country due to some family circumstances . And these people may be hoping that they will get on another connecting flight to continue their onward journey. But suddenly they find out that their flight is canceled or delayed, and it doesn’t matter whether it is direct or charter. What should they do in this case, what steps should they take? How to get compensation for a ruined vacation?
It is difficult not to get confused in such a situation, especially if it happened to you for the first time, or your flight was a connecting flight, or you were tied to the time of your arrival. But it is worth remembering that your plane ticket is nothing more than an agreement with this airline, which has undertaken to deliver you, as a passenger, to the point of the planet you need and at the time you need, otherwise, it undertakes to take care of its passenger, if circumstances did not go according to plan.
Every passenger should know that the Civil Code of the Russian Federation stipulates cases when the air carrier is not responsible for cancellation or delay of a flight, these are: various natural phenomena - fires, snow drifts, hurricanes, floods; bad weather conditions; sudden military action; complete cessation or restriction of cargo transportation in a number of directions; in some cases, during a strike by airline or airport personnel, in the presence of malfunctions that pose a threat to the life and health of air passengers. In all other cases, the fault lies with the airline that violated its obligations under the contract.
First, let's take a closer look at what happens when a direct or charter flight is canceled by an airline.
- The flight may be canceled several days before the plane departs for its destination.
In this case, the airline traditionally offers passengers several ways to solve the problem of canceled flights: an alternative to flying on another route of the same air carrier or a flight from another company, but the destination remains the same.
The passenger has the right to demand a full refund of the cost of his air ticket. For example, if you purchased one air ticket for a flight with transfers, then you are required to refund the amount for the entire route. If a passenger bought two tickets, for example, Moscow-Barcelona and separately Barcelona-Valencia, and the first flight to Barcelona was cancelled, then you will only be refunded the amount spent on the air ticket from Moscow to Barcelona, and you will need to return the ticket from Barcelona to Valencia at normal rates. If the cancellation of the flight affected the second part of the air travel - Barcelona-Valencia, and no alternative options were provided to you, but the trip has lost its meaning, then the air carrier is obliged by law not only to refund the money for the air ticket to Valencia, but also to fly you back to Moscow for free . Regarding the refund for round trip tickets, you will be able to get a refund of their full cost if the flight is canceled and if you purchased them not separately, but as a “round trip”, that is, two tickets on a single form.
- The flight may be canceled or delayed when the tourist is already at the airport.
The airline is required to give you clear information about the reason and time for which the flight was delayed. You have the right to demand this information from an employee of your airline, and he is obliged to offer tourists options for their further actions. Often, an airline employee makes a proposal to transport tourists to their destination on another aircraft or on a flight from another carrier. And provided that the air carrier is at fault, this flight will be free for the tourist.
Not all passengers who have suffered moral and financial problems due to canceled or delayed flights are aware of their rights to receive compensation. This compensation varies depending on the timing of the transfer and cancellation of the flight, as well as the distance to the desired point. If the airline is at fault, it is legally obligated to give the passenger three percent of the cost of his air ticket for every hour he spent waiting, as compensation for the flight delay. This is stipulated in Article 28, paragraph 5 of the Law “On Protection of Consumer Rights”. In addition, pay as a fine twenty-five percent of the minimum wage for each hour of waiting, but this amount cannot exceed half the price of the air ticket. No other additional compensation is given to canceled passengers when flights are cancelled, but every tourist has the right to have the amount of their tickets refunded or exchanged for a similar flight.
Rights of a tourist passenger when a flight is delayed for more than two hours:
Making two phone calls or sending two emails; - you are required to provide free drinks; - if you have children under seven years of age with you, then you must be given free access to the mother and child room.
Tourist rights when a flight is delayed for more than four hours:
The passenger must be fed a free hot meal, and fed every six hours during the day and every eight hours at night.
Rights of tourist passengers when rescheduling a flight by more than eight hours during the daytime and more than six hours at night:
The airline must bring you and check you into a hotel at its own expense, and provide you with a free transfer there and back. According to the law, tourists do not have the right to be placed in the same room with strangers. If the passenger does not like the room provided or the hotel offered, then he can find a suitable option, and the airline must pay an amount that will be equal in price to the initial accommodation option offered to it. A tourist can pay the price difference for the more expensive room he has chosen or pay for his stay in full, but in this case we recommend that you keep the receipt of payment in order to thus return part of the money spent if there are objective reasons for refusing to stay according to the option offered by the air carrier . But, it is worth knowing that if you refuse the room offered by the airline, you lose the right to a free round-trip transfer, but the air carrier is obliged to store your luggage at its own expense.
Where can tourist passengers complain to receive compensation for a canceled or delayed flight?
If there was a cancellation or delay of a domestic direct or charter flight of a Russian company, then claims are considered in accordance with the legislation of the Russian Federation. Passenger complaints against foreign airlines that have not fulfilled their obligations to them on the territory of the Russian Federation are also considered in Russia. But when an airline postpones or cancels a flight abroad, litigation is conducted in the country and according to the laws where this happened, and the place where the air carrier is registered will not play a role.
Claims are submitted by the passenger personally at the airport of departure or upon arrival. When there is no representative office of your airline at the airport or its employees are not on site, the claim is submitted through the airline’s website. Although emails can often be ignored, it is better to send your claim by registered mail to the airline, make a detailed list of the enclosed documents and keep a copy of your statement, confirmation of dispatch, as this can be used in legal proceedings if the air carrier ignores you or refuses you compensation. According to our Russian legislation, a passenger has the right to present his claims to the air carrier within six months from the date of cancellation or delay of the flight.
I would like to touch on another important point for tourists, which is very topical for Moscow airports. Very often, passengers are taken to an airport different from the one indicated on their ticket. In this case, the airline is obliged to deliver the tourist passenger to his desired destination using free transport. And this rule applies to all airports in the Russian Federation.