How long can a flight be delayed? Video: Description of charter and regular flights

Situations where both charter and regular flights on popular tourist destinations departing late is not at all uncommon. I hope that my answer will be useful not only to those who buy a full tour package, which already includes the cost of the flight, but also to those who book air tickets on their own.

In accordance with Art. 9 of the Federal Law “On the Fundamentals of Tourism Activities”, the tour operator is responsible for the actions of suppliers who provide services included in the tourism product. At the same time, in accordance with the same article, the tour operator is not responsible for the actions of service providers if there are special legal acts that directly provide for their liability. In this case, there are such acts, these are the Air Code and the Federal Aviation Regulations, which stipulate that in the event of a flight delay, the air carrier bears responsibility for all property and moral damage caused to the passenger.

If you booked and purchased air tickets yourself, you will need to prove that your rights were violated. To do this, you need to create a package of documents:
air ticket with a note about flight delay (or cancellation);
a certificate indicating the reason for the flight delay;
documentary evidence of all independent expenses: checks, invoices, etc.;
a ticket that had to be purchased due to being late for a scheduled connecting flight.

Then submit a claim to the airline in writing, attaching copies of documents confirming the right to compensation. If the appeal was ignored or the perpetrators refused to compensate for the costs, you can sue them in court.
But who will answer to the tourist if, for example, due to a late flight, he actually lost a whole day of paid vacation or, as we see from the letter, as many as two?

According to the law “On the Fundamentals of Tourism Activities in the Russian Federation,” the duration of the tour is an integral part of the contract. And any change in travel dates must be agreed upon with the tourist. So you can send a claim to the tour operator - most likely, it will be satisfied. But there are some nuances here too. Travel times are based on dates, not hours. And if a tourist arrives at the vacation spot not in the morning, as expected, but in the evening - having lost the light part of the day, but still on the date specified in the contract - it will not be possible to receive compensation.

A tourist, buying a tourist product with air travel included, completes the transaction with a number of documents. One of these documents is an agreement between him and the air carrier (ticket), which regulates all aspects of the provision of air transportation services. It states that the airline is responsible for any flight delays. The same provision is spelled out in the regulatory document on flight delays - the Federal Aviation Rules, approved by Order of the Ministry of Transport of the Russian Federation dated June 28, 2007 No. 82.
However, there is a Resolution of the Plenum supreme court RF dated June 28, 2012 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights,” which clarified the responsibility of the carrier and operator for the services they provide:
clause 50 When applying legislation on the protection of consumer rights to relations related to the provision of tourism services, courts should take into account that responsibility to the tourist and (or) other customer for the quality of fulfillment of obligations under the contract for the sale of a tourism product, concluded by the travel agent as on behalf of the operator, and on its own behalf, is borne by the tour operator (including for failure to provide or improper provision of services to tourists included in the tourism product, regardless of who should have provided or provided these services), if federal laws or other regulatory legal acts Russian Federation It has not been established that a third party is responsible to tourists (Article 9 of the Federal Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activities”).

In this regard, draw the attention of the courts to the fact that, for example, in cases and disputes arising in connection with the implementation of charter air transport passengers within the framework of the execution of an agreement on the sale of a tourism product, the proper defendant and executor of the contract of carriage with the consumer is the tour operator, which, in accordance with paragraph 2 of Article 638 of the Civil Code of the Russian Federation, has the right, without the consent of the lessor, under a lease agreement (time charter) vehicle enter into transportation agreements with third parties on its own behalf.

Thus, the new resolution actually divided responsibility between the carrier and tour operator for different types transportation. The carrier is responsible for regular transportation, as provided for in the Air and Civil Codes. But the charter is managed by the tour operator and you can make claims
now you will need to go to him, as stated in the second paragraph [clause 50 of the Resolution], but the documents that need to be submitted to the tour operator will remain the same as when booking yourself.
In this regard, the question arises: who will then be responsible for ensuring proper conditions for passengers while waiting for the departure of a delayed flight? So, let us remind you that the obligation to provide accommodation and hot meals to passengers lies with the air carrier in accordance with the Federal Aviation Regulations, and no one has removed it from it and is unlikely to remove it. The carrier still performs this function, and the operator will be responsible to the tourist, since charter transportation is part of the tourism product.

So don’t be afraid and demand money for your ruined vacation, because you’ve been earning it all year.

Hello, Anastasia. Perhaps a late answer, but still...

Of course, you can file a claim with the airline. In your claim, you can demand reimbursement of all expenses incurred by you due to the flight delay, including expenses for a hotel paid for at your vacation destination. Also, if the airline has not fulfilled its obligations under clause 99 of Federal Aviation Regulations No. 82, you can claim expenses for these services.

99. 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, or changes in the transportation route, the carrier is obliged to organize the following services for passengers at the points of departure and at intermediate points:
provision of mother and child rooms to a passenger with a child under seven years of age;
two phone calls or two emails when waiting more than two hours for a flight to depart;
provision of refreshments when waiting for flight departure for more than two hours;
provision of hot meals when waiting for a flight to depart for more than four hours and then every six hours during the day and every eight hours at night;
hotel accommodation when waiting for a flight departure for more than eight hours - during the day and more than six hours - at night;
(as amended by Order of the Ministry of Transport of Russia dated April 30, 2014 N 114)

delivery by transport from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee;
organization of luggage storage.
The services specified in this paragraph are provided to passengers at no additional charge.
For the purposes of this paragraph, the waiting time for flight departure begins from the time of departure of the flight indicated on the ticket.

Also according to Article 120 of the Air Code of the Russian Federation

For delay in delivery of a passenger, baggage or cargo to the destination, the carrier pays 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, unless he proves that the delay occurred due to an insurmountable force, elimination of an aircraft malfunction that threatens the life or health of aircraft passengers, or other circumstances beyond the control of the carrier. If you flew to an EU country, then this amount, in accordance with EU Council Resolution No. 261/04, increases as follows:

Article 6. Delay

When the operating air carrier has reasonable cause to expect that the flight will be delayed from its scheduled departure time: (a) by two hours or more for flights of 1,500 kilometers or less; or (b) for three hours or more for all intra-Community flights over 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers; or (c) for four hours or more for all flights not falling in categories (a) or (b), the operating air carrier must offer passengers: (i) the assistance described in Article 9(1)(a) and 9(2) ); and (ii) where there is good reason to expect that the time of departure will be delayed by at least one day from the previously announced time, the assistance described in Article 9(1)(b) and 9(1)(c); and (iii) where the delay is at least five hours, the assistance described in Article 8(1)(a).
Either way, assistance must be offered within the time frames stated above for each distance interval mentioned.
Article 7. Right to compensation

In cases covered by this Article, passengers shall receive compensation in the amount of: (a) EUR 250 for all flights of 1,500 kilometers or less; (b) EUR 400 for all intra-Community flights of more than 1,500 kilometers and for all other flights over a distance of 1,500 to 3,500 kilometers; (c) EUR 600 for all flights not falling into categories (a) or (b). When determining the flight range, the basis should be the last destination at which the passenger cannot arrive at pre-arranged time due to denied boarding or flight cancellation.
When passengers are offered an alternative travel route to their final destination in the form of an alternative flight in accordance with Article 8, the arrival time of which does not exceed the scheduled arrival time of the originally booked flight(a) by two hours for all flights of 1,500 kilometers or less; or (b) for three hours for all intra-Community flights over 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers; or (c) for four hours for all flights not falling into categories (a) or (b), the operating air carrier has the right to reduce the amount of compensation referred to in paragraph 1 by 50%.
The compensation referred to in paragraph 1 must be paid in cash, electronic bank transfer, money orders or checks, or, with the written consent of the passenger, traveler's checks and/or other services.
The distances given in paragraphs 1 and 2 should be calculated using a great circle.

The period for filing a claim with the airline is 6 months.

There is no point in arguing with the tour operator, since the deadline for filing a claim is 20 days from the date of return.

If you have any questions or need help drafting documents, please use the chat.

Sincerely, Bulygin M.A.

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 irrefutable 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. Domestic flight cancellations and delays Russian airlines are considered under Russian legislation. 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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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 Civil Code 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; non-flying weather; 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.

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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