What services does the airport provide in case of delay? How much compensation is paid for plane flight delays? Late arrival of the airliner

22 June 2017, 12:36

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). On boarding pass The current departure time must be indicated (by hand) and 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 divide regular and regular carriers. charter flights. 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.

It is impossible to foresee everything in the world. You can buy the most best tickets on the plane, but not to fly away, since already in the arrival hall it turns out that the flight has been delayed. This trouble is almost always associated with a whole avalanche of related problems for the traveler, starting from where and how much money to eat during a long wait, and ending with how to still get to the desired point of arrival, since a hotel has been booked there, something important happens event, there must be a transfer to another flight, etc.

And since few of us have clairvoyant abilities, it will be useful to find out at your leisure what to do if your flight is delayed, since panic and anger in such a situation are the worst advisers. First of all, the procedure depends on how long the delay occurred.

What should a passenger do if their flight is delayed?

Even if the waiting time for a flight is short, say, 1 hour or a little more, you should not leave things to chance. You need to immediately go to the information desk after the announcement and ask the employee to give an explanation. There is usually no answer to such delays, but the main purpose of such a trip is to put a mark on the tickets about the delay. This will serve as indisputable evidence in any future proceedings.

The delay time and its reasons can be anything, but every passenger should know what to do if their flight is delayed. This list includes:

  1. Providing space in the mother and child room for passengers with children under 7 years of age.
  2. Baggage storage until departure.

Having freed your hands from your suitcases and settled down with your children in comfortable conditions, waiting for a delayed flight is incomparably more convenient. The carrier provides further services depending on the delay time.

If the flight is delayed by 2 hours or more, the passenger has the right to demand:

  1. Opportunities to make 2 free phone calls anywhere in the world, as well as send 2 free messages via the Internet.
  2. Drinks (water, tea, coffee, juices) in the required quantity.

If the flight is delayed by 4 hours and more, then the list of requirements can safely include:

  1. Hot meals immediately, and then every 6 hours during the day and 8 hours at night.

If your flight is delayed by 6 hours or more, all passengers of the flight by the carrier must be provided with:

  1. A place in the hotel until the moment of departure. Hotel room is provided to all flight passengers during the day after a delay of more than 8 hours, and at night after a delay of more than 6 hours. It doesn’t matter how many times delay announcements are extended at the airport, the countdown is based on the time on the tickets.
  2. Transportation from the airport building to the hotel by airport transport.

Passengers have the right to receive all of the above services absolutely free of charge. However, any excuses do not matter, since the rules oblige the carrier to take care of customers under all circumstances. In cases where the flight is delayed due to the fault of the airline, then she will no longer get away with a hotel room and a hot lunch. All flight passengers are additionally entitled to:

  1. 3% of the ticket price, multiplied by the number of hours of flight delay (Clause 5, Article 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”).
  2. 0.25% of the minimum wage based on the number of hours of flight delay.

In total, due to compensation, the passenger will be able to return up to half of the cost of the air ticket (Article 120 of the Air Code of the Russian Federation). Of course, if the flight never took place, the passenger will receive the cost of the tickets back, in addition to the compensation due. All of the compensation amounts listed are valid in Russia, but in EU countries they are much higher. Proportional to the flight time and distance, a passenger who receives a flight cancellation notice from the airline less than 14 days before the departure date may receive compensation of up to 600 euros.

Important: do not wait too long if your plane flight is delayed until the carrier pays for a hotel or a hot lunch. Pay for everything yourself, but keep all payment documents: checks, receipts, since later the money will be returned, but, however, through the court.

Also, don't worry about transfers. If you had to transfer to another plane at the landing point, the carrier is obliged to provide a seat on the plane for another flight with the same point of arrival. Pay extra for new ticket You won't have to pay a penny, even if you are placed in business class instead of economy. But if the ticket was originally purchased for business class, and the new one is offered only in economy, then you must demand your money back!

How to get money from the carrier if your plane flight is delayed?

To get everything spent back, you need to write a statement on your behalf to the airline and ask to reimburse all costs, as well as pay the due compensation for the delay in departure. Please attach to this application:

  • checks for payment of hotel and meals;
  • a certificate from the airport information desk about the flight delay;
  • air ticket.

This claim does not have to be urgently sent somewhere; it can be sent to the carrier’s legal address by mail, but no later than 6 months from the date of the delayed flight. Usually such a claim is enough to get money back to your bank account specified in the letter. If there is no answer, you can safely go to court, because the law is on your side!

If you were to fly on a tour package, part of the cost of which was air tickets, then you can additionally request a refund from the tour operator for those paid days that you spent waiting for departure. You must hurry up and submit this claim to the tour operator’s office within 20 days from the date on which the signed contract for the provision of services expires.

Where to complain?

For a passenger, it matters which airline he is dealing with. Cancellations and delays of domestic flights of Russian airlines are considered under Russian law. Passenger complaints against foreign carriers who have violated their obligations to Russian travelers are also considered. It is worth noting that when going on a trip, you need not only to buy plane tickets, but also.

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Flight delays- This is a common occurrence in the work of air carriers. Passengers who fly often face this all the time. The reasons for this phenomenon can be completely different - from bad weather to technical problems.

Today, the legislation of most countries, including Russia and Europe, stipulates the liability of airlines for flight delays. Liability arises even in cases where the cause does not depend on the carrier.

Passengers who find themselves in such a situation are provided with a place in a hotel, food, communication services, and drinks. But the most important thing is that such passengers have the right to a cash payment.

List of documents for monetary compensation

To receive payment for a flight delay, you must submit a claim to the carrier airline in writing. Attached are documents (copies) that confirm the right to monetary compensation. These are the following documents:

  • Air tickets with a note from airport services indicating that the flight was delayed. These may also be certificates certified by representatives of the airport or airline.
  • Receipts, cash receipts that confirm the amount of expenses incurred.

You need to know that if the flight is delayed by domestic flight and the carrier company is, accordingly, Russian, then all claims will be accepted for consideration in accordance with the legislation of the Russian Federation. If the carrier is an airline from another country, but the flight is delayed on the territory of the Russian Federation, claims are also considered under Russian law. But if the flight is delayed in another country, the situation will be considered according to the laws of the country in which the incident occurred. In this situation, it doesn’t matter whose airline it is.

Cash compensation for flight delays to the EU

In the European Union, the regulation of relations between a passenger and an airline is prescribed in Regulation No. 261/2004 of the European Parliament and the Council of the EU. According to the text of this document, the airline pays compensation for flight delays, its amount depends on the delay time and flight distance.

Cash compensation for flight delays in Russia

In Russia, such situations are dealt with by Article 126 of the Air Code of the Russian Federation. According to the article, a passenger can make a claim within six months from the date of arrival. This can be done using a registered letter, with a full list of attached documents, or in person. It is better to keep a copy of the claim and receipts proving the sending of the papers for legal proceedings. It is worth going to court if the culprit refuses to pay compensation or if there is no response to your appeal.
In court, you will need documents: a statement of claim, a ticket with a note about the cancellation of the flight (or its delay), a written claim to the air carrier, documents confirming expenses for food, accommodation, cellular communications.

Regular flights and charter. Is there a difference in liability when a flight is delayed?

The question often arises: are there differences in the actions of injured passengers if the flight was a charter flight? First you need to understand the difference between a charter and a scheduled flight.
Regular flights are regular flights on a fixed schedule. In the case of international flights, all disputes are regulated by intergovernmental regulations. At any ticket office you can find instructions on booking, selling tickets, as well as flight cancellation situations.

Charter flights- these are flights that are organized according to a charter agreement between the airline and the tour operator. These flights often do not have an exact departure schedule (accuracy up to 3-5 hours). Air tickets for charter flights are purchased from the tour operator (owner of the charter); such tickets cannot be purchased at ticket offices.

Air ticket- this is an agreement between the passenger and the airline that the carrier is obliged to deliver the passenger and his belongings unharmed, and the passenger, accordingly, pay for these services.

In Vozdushny and Civil Code The Russian Federation stipulates that the airline bears responsibility for flight cancellations or delays. Thus, it makes no difference which flight is delayed or delayed. In the event of a flight delay, the carrier must provide the passenger with a range of services prescribed by law, and in some cases also pay compensation.

What is a Russian airline obliged to do if a flight to the Russian Federation is delayed?

If the flight is delayed by more than 2 hours:

  1. The airline is obliged to provide the opportunity to make a telephone call (including abroad) or two messages by e-mail.
  2. Must provide refreshments.

If the flight is delayed by more than 4 hours:

  1. Hot meals are provided.
  2. Further, hot meals should be provided every six hours during the day and eight hours at night.

If the flight is delayed by more than 6-8 hours:

  1. Hotel accommodation during the day if the flight delay is 8 hours, at night if it is 6 hours.
  2. Free transport from the airport to the hotel.

All of the above services are provided free of charge, regardless of whether it is charter or regular flight detained.

The word “Armageddon” in the headline in relation to the failure of airline charter schedules in last days Doesn't look like an allegory at all. Last weekend, several air carriers experienced widespread flight delays at airports different countries hundreds were stuck waiting to fly home Russian tourists, others had to spend two or more days on their suitcases. The airlines themselves unanimously refer to the shortage of aircraft - the unexpected failure of even one aircraft leads to large-scale collapses. How convincing are such explanations?

All for Turkey

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

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

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

Of course, air carriers receive mostly “aged” cars - the same “new” iFly Airbuses are 18 years old. However, the practice of the Russian charter market has accumulated considerable experience in working with such an aircraft fleet under intense load conditions. Let us remember that it was used aircraft that formed the basis of aviation assets "Transaero", which dominated the custom air transportation segment for several years and left the market in 2015. Moreover, even in the busiest years for outbound tourism, 2011–2013, when the density of charter flights was noticeably higher than now, Transaero managed to be punctual. There were failures, but the schedule did not fall apart. Why?

A look back

As the top manager of the tour operator, who was once one of Transaero’s main air transportation partners, told the site’s correspondent, the airline constantly had up to 30% of its planes in reserve.

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

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

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

What's in the bottom line

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

“If in 2004–2008 some seer had told me what would happen in the tourist air transportation market in 2017, I would probably have simply left tourism, deciding that this was Armageddon,” he shares his opinion with his colleagues in the group.

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Delays of charter flights have become regular; Rosaviatsiya records from three to 13 such cases every day. The day before, Azur Air delayed a charter from Domodedovo to Vietnam for 14 hours, and Ikar Airlines delayed its flight from Novosibirsk to Cam Ranh for 16 hours. To improve the air transportation market in the tourism segment, federal departments can transfer charter flights to regular status.

This tourist season, Rosaviatsia records at least 3-4 charter flight delays every day. passenger transportation for more than two hours. On some days, more than ten flights are delayed. According to the Federal Air Transport Agency, 13 charters were detained in Russia on August 6.

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

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

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

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

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

“They don’t even announce the landing. We checked in at 12 noon and went through all customs and inspections. And from now on we sit in the waiting room.<…>They first gave us an exit number, then removed it. They write: “Delay,” one of the charter passengers told NGS.NEWS.

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

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

"One of the initiatives that is already being discussed is the introduction mandatory requirement airlines to provide information to the Federal Air Transport Agency on the planned volumes of charter passenger transportation... A discussion is underway about the possibility of abandoning the practice of transporting tourists to popular leisure destinations charter flights, the charterers of which are large tour operators. But so far there is no clear opinion on the advisability of this step,” the publication writes.

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