Sample application for compensation for flight delay. What is a passenger entitled to in the event of a delay or cancellation of an aircraft flight? Federal Air Transport Agency

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Details Parent category: Consumer Handbook Category: On the rights of consumers in the provision of communication services for the transportation of passengers and luggage Views: 8882

Claim against the airline for flight delay

_________________________________________

(indicate the name of the airline
and its location address)

from___________________________________________________

(Full full name, registration address and contact phone number)

CLAIM
contact the airline about a flight delay

“___” _____ 2014, I entered into an agreement with your airline for air transportation of passenger(s), paid in full and purchased air ticket(s) for flight No. ____ on route ___________. The cost of air tickets was __________ (______________) rubles.
Flight No. ____ was scheduled to depart at __ hours __ minutes local time “___” _____ 2014. This fact is confirmed by the issued air ticket(s).

The flight did not take off within the contractual period “___” _____ 2014. It was delayed until ____hours ___minutes "___" _____ 2014. This fact is confirmed by the mark of the airline/airport of destination on the form(s) of the air ticket(s).
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, which in my case is ______________ (_____________) rubles.

As a result, I suffered losses:
due to the delay in delivering me to my vacation spot, I also suffered the following direct losses: due to a reduction in the time of stay at the hotel by ___________ days - __________ rubles; cancellation of a paid excursion, which I could not use due to late delivery - _____________ rubles, and that in the amount of ____________ rubles.
In addition, in case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99 General rules air transport passengers, baggage, cargo and service requirements for passengers, shippers, consignees are obliged to organize a strictly defined set of services for passengers free of charge, which your organization did not fulfill. Since the flight departure delay was more than __________ hours, I had to pay at my own expense: services for storing my luggage - ___________ rubles; long-distance telephone conversation to inform the family about a flight delay - _______ rubles; long-distance telephone conversation to inform a travel agency about a flight delay and a forced change in the length of stay on vacation - _______ rubles. Thus, due to the flight delay, I suffered direct losses in the amount of _____________ rubles.

Based on Articles 4, 15 and 29 of the Federal Law “On the Protection of Consumer Rights”, Article 120 of the Air Code of the Russian Federation and Article 15 of the Civil Code of the Russian Federation

1. Pay me voluntarily, in accordance with the notice of limitation of liability for delays in the delivery of passengers contained in my air ticket, a late fee in the amount of ____________ rubles.

2. Compensate for direct losses caused to me due to the flight delay in the amount of ___________ rubles.

If my legal demands are not satisfied, I will be forced to go to court with a statement of claim for forced collection of fines and damages.

Applications:

1. Copy of the air ticket.

2. A copy of the invoice for storing luggage.

3. A copy of the bill for long-distance telephone calls.
4. A copy of the hotel bill.

Question for a lawyer:

Hello! Aeroflot's regular flight from Barcelona to Moscow was delayed for technical reasons; 13 hours later the company sent us on the next flight. But due to the delay, we did not catch the plane of another airline from Moscow to Izhevsk. We managed to change plane tickets from Moscow to Izhevsk with an additional payment of 4,000 rubles. How can you receive compensation from Aeroflot for additional expenses on a flight from Moscow to Izhevsk? What documents need to be provided?

Lawyer's answer to the question:
Before the dispute is settled in court, you need to send a claim to the airline, demanding compensation for the expenses you have incurred, as well as compensation for moral damages, and setting a deadline for fulfillment of this claim. If your requirements are not met, file a claim in court.
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Please tell me, is it really possible to receive monetary compensation from the airline for a flight delay due to its fault?…

Question for a lawyer:

Good afternoon. I am preparing material for a travel portal about the rights of passengers when flights are delayed. Please tell me, is it possible to receive monetary compensation from the airline for a flight delay due to its fault?

Lawyer's answer to the question: airline claim for flight delay
Really. Involve a lawyer as a co-author of your material.
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Help me to understand. Red Wings JSC reviewed my claim for flight delays on the Krasnodar-Moscow route and compensation...

Question for a lawyer:

Good afternoon!!! Help me to understand. Red Wings JSC considered my claim for a flight delay on the Krasnodar-Moscow route and a refund for purchased tickets for a flight from another carrier.

They answered in accordance with paragraph 1 of Article 103 of the Air Code of the Russian Federation under the air carriage agreement, etc.

According to the air transportation agreement concluded between Me and Red Wings JSC on the basis of air tickets, it was fulfilled in full.

Regarding the flight delay, we inform you as follows. In accordance with clause 76 of the Federal Aviation Rules General rules of air transportation, etc., the carrier has the right to cancel, delay the flight specified in the ticket, change the type of aircraft and change the route of transportation

The flight delay was 5 hours 46 minutes and was due to a malfunction of the main and reserve vessels.

Regarding your demands for reimbursement of funds for purchased tickets for the transportation of passengers on flights of other carriers, we inform you that according to clause 115 of the FAP is carried out in accordance with the agreement between the carriers. However, Red Wings CJSC does not have a contractual relationship with S7 airlines, the flight on which you flew on the Moscow route — Omsk

At the same time, we inform you that in accordance with Article 120 of the Air Code of the Russian Federation, you will be paid compensation for late delivery to your destination Domodedovo Airport.

Lawyer's answer to the question: airline claim for flight delay
That's right, according to Art. 120 of the Military Code of the Russian Federation provides for compensation. They must also compensate for losses on the basis of Art. 15, 1064 of the Civil Code of the Russian Federation, which are the costs of tickets of another carrier.

You have the right to go to court based on the following.

In accordance with Art. 46 of the Constitution Russian Federation everyone is guaranteed judicial protection of their rights and freedoms.

In accordance with paragraph 1 of Art. 3 of the Code of Civil Procedure of the Russian Federation, an interested person has the right, in the manner established by the legislation on civil proceedings, to apply to the court for protection of violated or disputed rights, freedoms or legitimate interests.

To file a claim, you need to read Art. 131-132 Code of Civil Procedure of the Russian Federation.
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Lawyer's answer to the question: airline claim for flight delay
Art. 1064 of the Civil Code of the Russian Federation states: “The person who caused the harm is exempt from compensation for harm if he proves that the harm was not caused through his fault.”

Red Wings JSC is not at fault - it was not informed of the urgency of your flight.
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Lawyer's answer to the question: airline claim for flight delay
in accordance with Article 120 of the Air Code of the Russian Federation, you will be paid compensation for late delivery to your destination Domodedovo Airport.

-I congratulate you. you did everything right. if the payment amount does not suit you. go to court and seek additional compensation. but so far everything is correct.

Based on the above, Red Wings CJSC cannot satisfy your demands regarding the refund of funds for used tickets on the Moscow-Omsk route

-judicially. exact
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IS THERE A SAMPLE OF CLAIMS AGAINST A TRAVEL AGENCY FOR DELAYING A FLIGHT - WE LOST A DAY OF VACATION???…

Question for a lawyer:

IS THERE A SAMPLE OF CLAIMS AGAINST A TRAVEL AGENCY FOR A FLIGHT DELAY - WE LOST A DAY OF VACATION???

Lawyer's answer to the question: airline claim for flight delay
You are unlikely to achieve anything with a sample from the Internet. You need to contact a lawyer, in person, to draw up a claim and then go to court.

When discovering deficiencies in the service provided, the consumer has the right to demand a corresponding reduction in the price of the service provided.
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Lawyer's answer to the question: airline claim for flight delay
Marina, there are a lot of samples on the Internet. If you need to make a claim, please contact us.
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Is it possible to receive compensation from the airline for the additional costs incurred to get on a flight, the delay for which resulted in a delay in the connecting flight...

Question for a lawyer:

Hello

The situation is this: I had a scheduled flight from Sochi to Moscow at 13:45 with the aim of flying to Tokyo at 20:00. Both flights are with Aeroflot, but purchased separately. The flight from Sochi was delayed until 19:00 due to a breakdown, which put an end to getting on the flight to Tokyo. Since it was absolutely necessary to get to Tokyo on this particular flight, due to an important meeting the next day, I had to buy a ticket from Sochi on another airline at 15:40 (the next Aeroflot flight was only at 18:40). The only tickets that remained were for 15,600 rubles.

The essence of the question: Is it possible to recover compensation from Aeroflot for the additional costs incurred, in addition to returning the entire amount for the flight from Sochi, which had to be returned. By additional costs I mean: 15,600 rubles. (ticket to Moscow) + 1000 rub. (transfer from Vnukovo to Sheremetyevo).

Thanks in advance for your answer

Lawyer's answer to the question: airline claim for flight delay
Dear Ilya!

This issue is regulated by legislation defining consumer rights, as well as the rights of air transport passengers.

In this situation, you suffered material damage due to circumstances that arose not through your fault and not due to force majeure circumstances. Therefore, you have the right to demand compensation for damage first through a declaration, and in case of dissatisfaction - in court.
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Please tell me how and where to write a complaint against the airline for a flight delay of 5 hours...

Question for a lawyer:

Please tell me how and where to write a complaint against the airline for a flight delay of 5 hours. The reasons aren't even really explained. On electronic ticket stamped delayed flight on 99MH from 9:10 am to 2:30 pm

Lawyer's answer to the question: airline claim for flight delay
Hello!

You can contact the Rospotrebnadzor office
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In what form (electronically or by hand) should a claim be submitted to the airline (Aeroflot) for delayed baggage delivery...

Question for a lawyer:

In what form (electronically or by courier) should I submit a claim to the airline (Aeroflot) for delayed delivery of baggage (the baggage was sent for unknown reasons on the next flight and delivered a day later) and in what amount can I receive compensation?

Lawyer's answer to the question: airline claim for flight delay
Hello! Better by mail. Happy New Year!
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Lawyer's answer to the question: airline claim for flight delay
Submit in writing! Compensation depends on the expenses you incurred related to the delay in baggage delivery!

I’ll be glad to help, I’m waiting for an answer, now in Moscow!
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Sample complaint from a Tourist to the Airline regarding flight delay

SAMPLE CLAIM OF A TOURIST TO AN AIRLINE

DUE TO FLIGHT DELAY

CLAIM

caused by flight delay

200__, I fully paid and purchased air ticket(s) for flight No. ____ on route ___________. for which I paid __________ (______________) rubles. Thus, in accordance with clause 2 of Article 786 of the Civil Code of the Russian Federation, clause 1. Article 105 of the Air Code of the Russian Federation and clause 44 of the General Rules for the air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees (introduced by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82) I entered into an agreement with your company for the air transportation of passengers ( ov).

Flight No. ____ was scheduled to depart at __ hours __ minutes local time ___ _____ 200__. This fact is confirmed by the issued air ticket(s).

200__ the flight did not take off. It was delayed until ____hours ___minutes ___ _____ 200__. This fact is confirmed by the mark of the airline/airport of destination on the form(s) of the air ticket(s).

Having paid in full the cost of services under the air transportation contract, I have fulfilled my obligations to your airline in good faith. However, your company, in violation of Article 4 of Federal Law No. 2300-1 of 02/07/1992 On the Protection of Consumer Rights, did not fulfill its obligations regarding the term of the contract.

In case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99. of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, and Consignees, is obliged to organize a strictly defined set of services for passengers free of charge, which your company did not provide. Since the flight departure delay was more than __________ hours, I had to pay at my own expense: services for storing my luggage - ___________ rubles; long-distance telephone call to inform my family about the flight delay - _______ rubles; long-distance telephone call to inform the travel agency about the delay flight and forced change in the length of stay on vacation - _______ rubles purchase of soft drinks - _____________ rubles lunch in a restaurant - ______ rubles taxi travel from the airport to the hotel and back - _________ rubles hotel accommodation - ____________ rubles purchase of medicines for headaches and to lower blood pressure - ____________ rubles. Thus, due to the flight delay, I suffered direct losses in the amount of _____________ rubles.

Option #1.

Option #2.

Based on Articles 4, 15 and 29 of the Federal Law on the Protection of Consumer Rights, Article 120 of the Air Code of the Russian Federation and Article 15 of the Civil Code of the Russian Federation

In addition, I will ask the court, on the basis of Article 13 of the Federal Law on the Protection of Consumer Rights and Article 151 of the Civil Code of the Russian Federation, to recover from your company compensation for moral damage caused to me, which was caused to me by a flight delay due to the fault of your company. Considering the consequences of the physical and moral suffering caused to me, I value them at __________ rubles.

In case of refusal to fulfill my legal demands, when considering my claim in court, I will ask the court to collect a fine from your company to the state in accordance with paragraph 6 of Article 13 of the Federal Law on the Protection of Consumer Rights for failure to comply with the voluntary procedure for satisfying consumer demands.

Applications:

1. Copy of the air ticket.

Sample claim, complaint to the airline

To the head of the airline

from Ivanov Peter Vasilievich

Passport series __ No. ___, issued by _),

residing at:

If we take into account the actual period of delay (specify in hours and minutes), the airline is in violation of the relevant requirements of clause 92 of the Federal Aviation Rules General rules for 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), did not provide information to flight passengers about the delay or cancellation of the flight and the reasons for the delay/cancellation of the flight (this information must be communicated visually and/or acoustically).

organization of luggage storage).

Taking into account the above circumstances, I

Option 1.

Option 2.

I demand compensation for the expenses that I spent on hot meals while waiting for the departure of the flight, expenses for hotel accommodation and luggage storage, which is confirmed (indicate documents confirming expenses - receipts, etc.).

I also believe that as a result of culpable inaction on the part of the airline and the violation of my rights as a consumer, I was caused moral damage in the amount of _____, the right to compensation for which I have on the basis of Art. 15 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 On the protection of consumer rights.

Signature, date

Note: If the claim cannot be served on the authorized representative of the carrier, you should send it to the address of the airline's location (listed in the Register of Operator Licenses posted on the official website of the Federal Air Transport Agency (Rosaviation)

Sample complaint from a tourist to the airline due to flight delay

CLAIM

on payment of fines and compensation for damages,

caused by flight delay

“___” _____ 200__ I paid in full and purchased air ticket(s) for flight No. ____ on route ___________. for which I paid __________ (______________) rubles. Thus, in accordance with clause 2 of Article 786 of the Civil Code of the Russian Federation, clause 1. Article 105 of the Air Code of the Russian Federation and clause 44 of the General Rules for the air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees (introduced by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82) I entered into an agreement with your company for the air transportation of passengers ( ov). Flight No. ____ was scheduled to depart at __ hours __ minutes local time “___” _____ 200__. This fact is confirmed by the issued air ticket(s).

“___” _____ 200__ flight did not take off. It was delayed until ____hours ___minutes "___" _____ 200__. This fact is confirmed by the mark of the airline/airport of destination on the form(s) of the air ticket(s).

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, which in my case is ______________ (_____________) rubles.

In case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99. of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, and Consignees, is obliged to organize a strictly defined set of services for passengers free of charge, which your company did not provide. Since the flight departure delay was more than __________ hours, I had to pay at my own expense: services for storing my luggage - ___________ rubles; long-distance telephone call to inform my family about the flight delay - _______ rubles; long-distance telephone call to inform the travel agency about the delay flight and forced change in the length of stay on vacation - _______ rubles purchase of soft drinks - _____________ rubles lunch in a restaurant - ______ rubles taxi travel from the airport to the hotel and back - _________ rubles hotel accommodation - ____________ rubles purchase of medicines for headaches and to lower blood pressure - ____________ rubles. Thus, due to the flight delay, I suffered direct losses in the amount of _____________ rubles. Option No. 1.

In addition, due to the delay in delivering me to the vacation spot, I also suffered the following direct losses: due to a reduction in the time of stay at the hotel by ___________ days - __________ rubles, cancellation of a paid excursion, which I could not take advantage of due to a delay in delivery - __________ rubles , and that in the amount of ____________ rubles. Option No. 2.

In addition, due to the delay in delivering me to my destination, I was unable to use pre-purchased transportation from ____________ to my place of residence, while my direct losses after returning previously purchased travel tickets and purchasing new ones amounted to __________ rubles.

1. Pay me voluntarily, in accordance with the notice of limitation of liability for delays in the delivery of passengers contained in my air ticket, a late fee in the amount of ____________ rubles.

2. Compensate for direct losses caused to me due to the flight delay in the amount of ___________ rubles.

If my legal demands are not satisfied, I will be forced to go to court with a statement of claim for forced collection of fines and damages.

In addition, I will ask the court, on the basis of Article 13 of the Federal Law “On the Protection of Consumer Rights” and Article 151 of the Civil Code of the Russian Federation, to recover from your company compensation for moral damage caused to me, which was caused to me by a flight delay due to the fault of your company. Considering the consequences of the physical and moral suffering caused to me, I value them at __________ rubles. In case of refusal to comply with my legal demands, when considering my claim in court, I will ask the court to collect a fine from your company to the state in accordance with paragraph

6 of Article 13 of the Federal Law “On the Protection of Consumer Rights” for failure to comply with the voluntary procedure for satisfying consumer requirements.

Applications:

1. Copy of the air ticket.

2. A copy of the invoice for storing luggage.

3. A copy of the bill for long-distance telephone calls.

4. A copy of the cash receipt for the purchase of soft drinks.

5. A copy of the bill for lunch at the restaurant.

6. A copy of the taxi fare invoice.

7. A copy of the hotel bill.

ARTICLES, ANALYTICS

To the head of the airline

(according to the name on the ticket)

residing at:

(specify the exact address residence)

CLAIM

I, Petr Vasilyevich Ivanov, have entered into an air transportation agreement with your airline, this is confirmed by a ticket (including electronic) series___ number_____, for flight ________ on route _______________ with departure date ________________.

However, to date, your airline has not fulfilled its obligations to transport me as a passenger from (specify the point of departure and destination) or has delayed it, thus, your company has violated the provisions of paragraph 1 of Art. 103 of the Air Code of the Russian Federation.

If we take into account the actual period of delay (indicate in hours and minutes), the airline is in violation of the relevant requirements of clause 92 of the Federal Aviation Rules “General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, Consignees”, approved by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82 (hereinafter referred to as the FAP), did not provide information to flight passengers about the delay or cancellation of the flight and the reasons for the delay/cancellation of the flight (this information must be communicated visually and/or acoustically).

In addition, in violation of the requirements of clause 99 of the FAP, I was not provided with free provision of services, the provision of which for the carrier in the above conditions (due to delay/cancellation of the flight) is a corresponding obligation (hereinafter, the types of services not provided are indicated depending on the actual circumstances):

  • 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 departure 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
  • 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.
  • Taking into account the above circumstances, I.

    Option 1.

    Based on clause 2 of Art. 795 of the Civil Code of the Russian Federation I refuse transportation due to the flight delay, and therefore I ask you to return the carriage fee to me, i.e. the amount of money paid for the ticket.

    Subject to the relevant provisions of Art. 314 of the Civil Code of the Russian Federation, I ask you to return the money within seven days.

    If the airline evades this obligation, I reserve the right additionally on the basis of Art. 395 of the Civil Code of the Russian Federation to require payment of interest for the use of my in cash due to their unlawful retention.

    Option 2.

    I demand compensation for the expenses that I spent on hot meals while waiting for the departure of the flight, expenses for hotel accommodation and luggage storage, which is confirmed (indicate documents confirming expenses - receipts, etc.).

    I also believe that as a result of culpable inaction on the part of the airline and the violation of my rights as a consumer, I was caused moral damage in the amount of _____, the right to compensation for which I have on the basis of Art. 15 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights.”

    Taking into account the above, the amount of my claims is _________ rubles.

    Signature, date

    Note: If the claim cannot be served on the authorized representative of the carrier, you should send it to the address of the airline's location (listed in the Register of Operator Licenses posted on the official website of the Federal Air Transport Agency (Rosaviation).

    Your flight has been delayed or cancelled. What to do?

    Your suitcases are packed and while waiting for a speedy departure, you are suddenly informed that the flight is delayed or postponed. Time is running out, the vacation is almost ruined, the mood is at zero. What can you do? Little depends on you in these situations. But don't be discouraged...

    In this regard, it is worth noting that regular flights are carried out in accordance with the schedule aircraft, A charter flights- in accordance with the charter flight plan (schedule). In both cases, the carrier bears the same responsibility in the event of a change in the aircraft schedule, and must take all possible measures to inform passengers and shippers with whom the contract has been concluded about the change in the specified schedule in any available way. Therefore, it is in your interests to leave information about your contacts when concluding relevant contracts or purchasing tickets.

    In addition, at the airport, the carrier or service organization is obliged to provide passengers with visual and acoustic information, in particular: about the time of departure and arrival of the aircraft about the place, the start and end time of check-in for the flight about the place, the start and end time of passenger boarding about flight delays or cancellations and the reasons for the delay or cancellation of the flight, etc. If the information is missing, feel free to ask for it from airline representatives or the airport administration.

    In all cases of delay or cancellation of a flight, as well as changes in the transportation route due to the carrier’s fault due to adverse weather conditions, technical or other reasons, you are required to provide the services listed below, without charging additional fees:

  • 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 departure 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
  • 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.
  • If the carrier refuses to perform the above services, we recommend that you perform the following actions:

  • require the airport administration or a representative of the carrier to issue a certificate confirming the circumstances of the delay or cancellation of the flight indicating the actual departure time, or to put a mark on the ticket, boarding pass, or, as a last resort, draw up a corresponding act together with other passengers (at least 2 people), indicating their contact details
  • keep all receipts when paying for food, hotels and taxis from your own funds, for subsequent confirmation of your expenses
  • prepare a claim to the airline for compensation for damage caused to you, attaching copies necessary documents, receipts, checks, certificates, copies of hotel reservations or vouchers for tours and excursions
  • send the claim to the legal address of the air carrier no later than six months from the date of the occurrence of the event that served as the basis for its presentation. Further, the carrier is obliged to consider it within thirty days from the date of receipt of the claim and notify you in writing of the satisfaction or rejection of the claim
  • If the pre-trial settlement of the dispute is refused, you have the right to file a claim in court. Claims are brought against the carrier at the location of the carrier. You can also contact territorial organizations for the protection of consumer rights and the departments of Rospotrebnadzor.
  • In addition to reimbursement of expenses for tickets, vouchers and excursions, you can demand compensation for moral damages if you prove that the fact of delay or cancellation of the flight, as well as failure to fulfill the duties assigned to the carrier if it was his fault, caused you physical and mental suffering. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

    If you miss a connecting flight on one airline, you will be placed on the next flight, and the passenger will not be charged extra for accommodation in the premium cabin. You are required to return the difference if you paid for a luxury cabin and fly in a cabin with a lower level of comfort. The exception is when you are flying on different airlines. Then you will have to buy a ticket for the desired flight at your own expense. However, the airline whose flight is delayed is required to refund the cost of the ticket, so be sure to keep a copy of the ticket you purchased.

    If air tickets are included in the total cost of the tour package, and also if your trip has been shortened due to a delay or flight cancellation, you have the right to demand a refund from the tour operator for paid but unused days and excursions. To do this, you must initially submit a claim to the tour operator in writing within 20 days from the date of expiration of the concluded contract. The claim is subject to consideration within 10 days from the date of receipt by the tour operator. If after the expiration of the established period you are refused or not answered at all, you can go to court.

    Refund of the carriage charge is made by the carrier or, on his behalf, by an authorized agent at the place of payment for the carriage, as well as at the points provided for by the carrier’s rules. If the transportation was not completed on any section, then the entire amount paid for the transportation is returned, and if part of the transportation is completed, the amount for the unfulfilled part of the transportation is returned.

    You also have the right to demand from the carrier payment of a fine for flight delay in the amount of twenty-five percent of the minimum wage for each hour of delay, but not more than fifty percent of the carriage charge. But only if the carrier does not prove that the delay occurred due to:

  • force majeure (extraordinary and unavoidable circumstances, in particular natural disasters, military actions, epidemics, prohibitive measures of government bodies, violation of obligations on the part of the debtor’s counterparties, lack of goods needed for execution on the market, lack of the necessary funds from the debtor)
  • eliminating an aircraft malfunction that threatens the life or health of aircraft passengers
  • other circumstances beyond the control of the carrier.
  • The carrier has the right to cancel or delay the flight indicated on the ticket, change the type of aircraft, change the transportation route only if flight safety conditions and/or aviation security, as well as at the request of government bodies in accordance with their competence.

    In addition to the above, it is worth noting that a similar responsibility rests with the carrier when operating international flights.

    Have a safe and comfortable flight!

    catalogue of articles

    To the manager_______________________________________________

    (indicate the name of the airline and its location address)

    from___________________________________________________

    (full full name, registration address and telephone number)

    CLAIM

    on compensation for losses caused by flight delays

    “___” _____ 20__ I fully paid and purchased air ticket(s) for flight No. ____ on route ___________, for which I paid __________ (______________) rubles. Thus, in accordance with clause 2 of Article 786 of the Civil Code of the Russian Federation, clause 1. Article 105 of the Air Code of the Russian Federation and clause 44 of the General Rules for the air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees (introduced by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82) I entered into an agreement with your company for the air transportation of passengers ( ov).

    Flight No. ____ was scheduled to depart at __ hours __ minutes local time “___” _____ 20__. This fact is confirmed by the issued air ticket(s).

    “___” _____ 20__ flight did not take off. It was postponed until ____hours ___minutes "___" _____ 20__. This fact is confirmed by the mark of the airline/airport of destination on the form(s) of the air ticket(s).

    Having paid in full the cost of services under the air transportation contract, I have fulfilled my obligations to your airline in good faith. However, your company, in violation of Article 4 of Federal Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights,” did not fulfill its obligations regarding the term of the contract.

    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, which in my case is ______________ (_____________) rubles.

    In case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99 of the General Rules for the Air Transport of Passengers, Baggage, Cargo and the requirements for servicing passengers, shippers, consignees, is obliged to organize a strictly defined set of services for passengers free of charge, which your company did not provide. Since the flight departure delay was more than __________ hours, I had to pay at my own expense:

    Services for storing my luggage - ___________ rubles

    Long-distance telephone conversation to inform family about a flight delay - _______ rubles

    Long-distance telephone conversation to inform a travel agency about a flight delay and a forced change in the length of stay on vacation - _______ rubles

    Purchase of soft drinks – _____________ rubles

    Lunch at a restaurant - ______ rubles

    Taxi travel from the airport to the hotel and back - _________ rubles

    Hotel accommodation - ____________ rubles

    Purchasing medications for headaches and to lower blood pressure - ____________ rubles.

    Thus, due to the flight delay, I suffered direct losses in the amount of _____________ rubles.

    In addition, due to the delay in delivering me to the vacation spot, I also suffered the following direct losses: due to a reduction in the time of stay at the hotel by ___________ days - __________ rubles, cancellation of a paid excursion, which I could not take advantage of due to a delay in delivery - __________ rubles , and that in the amount of ____________ rubles.

    In addition, due to the delay in delivering me to my destination, I was unable to use pre-purchased transportation from ____________ to my place of residence, while my direct losses after returning previously purchased travel tickets and purchasing new ones amounted to __________ rubles.

    Based on Articles 4, 15 and 29 of the Federal Law “On the Protection of Consumer Rights”, Article 120 of the Air Code of the Russian Federation and Article 15 of the Civil Code of the Russian Federation

    1. Pay me voluntarily, in accordance with the notice of limitation of liability for delays in the delivery of passengers contained in my air ticket, a late fee in the amount of ____________ rubles.

    2. Compensate for direct losses caused to me due to the flight delay in the amount of ___________ rubles.

    If my legal demands are not satisfied, I will be forced to go to court with a statement of claim for forced collection of fines and damages.

    In addition, I will ask the court, on the basis of Article 13 of the Federal Law “On the Protection of Consumer Rights” and Article 151 of the Civil Code of the Russian Federation, to recover from your company compensation for moral damage caused to me, which was caused to me by a flight delay due to the fault of your company. Considering the consequences of the physical and moral suffering caused to me, I value them at __________ rubles.

    In case of refusal to fulfill my legal demands, when considering my claim in court, I will ask the court to collect a fine from your company to the state in accordance with paragraph 6 of Article 13 of the Federal Law “On the Protection of Consumer Rights” for failure to comply with the voluntary procedure for satisfying consumer demands.

    Applications:

    1. Copy of the air ticket.

    2. A copy of the invoice for storing luggage.

    3. A copy of the bill for long-distance telephone calls.

    4. A copy of the cash receipt for the purchase of soft drinks.

    5. A copy of the bill for lunch at the restaurant.

    6. A copy of the taxi fare invoice.

    7. A copy of the hotel bill.