Canceled the charter flight what to do. Compensair - What is supposed to be passengers when delaying or canceling a flight. When it is necessary to complain

Cancellation of the flight is an unpleasant and fairly common situation in recent years. As a rule, it does not have serious consequences, but sometimes it can be caused to be late for a connecting flight in another airport. Flights can be canceled by various circumstances that are often unnecessary to the carrier. What are the rights to have passengers according to current legislation? How can I minimize the consequences of the cancellation of the flight?

Reasons for cancellation of flights

Of course, the abolition of the flight is an unpleasant procedure. However, the air carrier is not always to blame. Before you require compensation for the canceled flight in the company's representation, it is necessary to clarify the reason for what happened.

Cancellation of the flight is a guilt of the airline if:

  • the schedule has inconsistencies;
  • the crew of the aircraft does not have time to prepare an aircraft or clean up to departure;
  • the passenger was not registered due to overbooking (i.e., more places were sold, which is on the aircraft in reality);
  • flight is unprofitable for the enterprise;
  • the carrier cannot lead evidence or explanation of the reasons for non-compliance with its obligations.

The carrier is not to blame if the following circumstances were the cause of cancellation:

  • meteo conditions;
  • natural disasters;
  • military actions;
  • commissioning in the country of military situation;
  • imposition of prohibitions and limit on cargo transportation on certain routes;
  • strike employees of the airline;
  • defects of aircraft pose a threat to the life of passengers.

How to be?

So what if you canceled the flight? First of all, you need to contact the representative of the air carrier and to get an explanation of the cause of the cancellation. As a rule, the representation will immediately offer an alternative flight option. However, companies are not always ready to send their passengers to the destination on the same day, so sometimes they offer to retur funds. Tell details about this below. The passenger must fix the date and time when the announcement of the abolition of the flight took place.

If canceled occurred in a few days

What if the airline canceled the flight a few days before the expected departure date? In this situation, passengers have the right to demand:

  • replace tickets (drawing up an alternative transportation route);
  • return money (if the airline has taken responsibility).

It is important to note that the transit passenger has more rights. The fact is that the responsibility of the air carrier is determined by the legislation of the state into which the passenger arrives in transit. In the United Kingdom, for example, if the abolition of the flight inevitably led to the fact that the purpose of the trip was broken down (a business meeting did not take place, the passenger missed competitions), the British carrier provides a free flight to the Russian Federation.

If the passenger learned about it on the day of departure

What if you cancel the flight on the day of departure? The first thing that the company's representative is offered in this case is to re-refline the travel documents for another flight. If the flight flight from the airport is carried out by only one carrier, the passenger will have to wait for the nearest flight. Sometimes it may take several hours or days.

If the passengers are ready to transport another airline, then two options are possible:

  • free renewal of the ticket, if the cancellation occurred due to the fault of the carrier;
  • re-registration of a ticket with a surcharge, if the carrier is not to blame.

According to Russian legislation, for each hour of expectations of an alternative flight carrier undertakes to pay compensation. Its size is 3% of the price of air ticket + 25% of the minimum wage. The same law states that the maximum fine can be more than half the air ticket prices, even if the wait lasted relatively long.

In Europe, compensation size depends on the period of waiting and is usually from 100 to 600 euros. Also, a significant role is played by the number of days for which the company warned a passenger on cancellation.

The root is distinguished by the situation with the abolition of flights in the United States. Each airline has the right to establish its own rules. In the US, the exchange of tickets occurs at the expense of the passengers themselves. Free to exchange a ticket can only because of overbooking.

Return money for flights

If the unpleasant situation occurred in the territory of the Russian Federation, the Russian legislation will be used here. If in another country, then, respectively, the refund will be carried out by local laws.

In order to return the money, it is necessary first to make a written claim of the airline. The following documents should be attached to the claim:

  • copies of tickets;
  • copies (if available);
  • tickets for the event planned on the trip;
  • copies of hotel armor.

The transit passenger (if the route assumed several transfers) can be compensated for both a separate segment and for the entire composite flight in both ends. If the passenger purchased two separate tickets, compensation will be only for a canceled flight.

In Russia, the carrier is obliged to return funds for canceled flight in the 30-day period. European airlines have been reduced to 7 days. If the refund was not produced, the passenger has the right to file a claim in court.

Tickets for charter flights are usually selling travel agencies. They will return money for the flight.

Providing an alternative route

Air carriers in 90% of cases offer passengers an alternative to a canceled flight. These can be flights of other carriers, with transfers, with a modified date and departure time. Options are offered depending on the availability of free chairs in the stated aircraft. It is important to note that the point of departure cannot be changed.

If the passenger agrees to an alternative route, at the expense of the airline, they reissue tickets. When the time of departure of initial and alternative flights does not coincide, passengers are compensated, as when the aircraft is delayed.

If charter canceled

As mentioned above, tickets for sale by travel agencies. Therefore, in case of cancellation of flights, all responsibility falls on the shoulders of these organizations. Please note: compensation associated with delays and cancellations of flights must be spelled out in the service contract.

Where and when to complain?

What if you cancel the flight and violated your rights? In all situations, legal proceedings are held in the country where this incident took place. Write a claim directly at the airport of departure. If there is no office of a particular air carrier at the airport, you can send a claim through its site. Also possible is an option to send a claim by registered letter to the company's representative office.

If the carrier did not return money for a canceled flight or violated the passenger's right, within six months you can contact the court's claim. The application must be attached to a copy of the claim and all the documentation related to the flight.

To avoid an unpleasant situation, you can in advance, before departure to the airport, call the representative office or directory service of the airline. There you will always be given topical information about the flight.

No one is insured against force majeure circumstances. Therefore, in the traveler's bag there should always be batteries, chargers, books and other things that will help pass the time, personal hygiene. In addition, it is worth having money sufficient to acquire another air ticket. You also need to save all checks, tickets of tickets.

Do not ignore the rules of the airline. Do not be lazy and read them when you buy a ticket through the carrier site. The contract may indicate that it is not responsible for the abolition of the flight. This phrase, of course, can be written in other words. In particular, such rules love to establish budget airlines.

What if you canceled the flight? This does not always happen by the fault of the carrier. The latter can return money for tickets or offer an alternative route. If the airline violates the passenger rights, he has the right to apply to the court. Travel and know your rights!

In the modern world, the airliner flight was not rare and a great event, as it was a few decades ago, but almost ordinary and fastest way to get from one point of the world to another, distant to several thousand kilometers. But more and more often passengers face the situation when the departure is impossible in the near future, it can be transferred or completely canceled. Of course, then it is necessary to own information about what to do if they canceled the flight to the plane, which can be taken and how to behave for a journey or business trip to take place.

Of course, arriving at the airport and seeing the electronic scoreboard next to its flight unpleasant "Delayed" or "detained", Many passengers are upset and begin to put forward a lot of assumptions about the causes of this phenomenon. And often unfounded and unjustified. Let's figure it out what can happen in fact, what actions are being taken by airlines and how to find out if the flight was canceled on the Samola t. timely.

What is a flight delay

Often there is a substitution of concepts and confusion, because many perceive the time entered in the counting column, as the moment of takeoff of the aircraft. In fact, this is an indication of the following actions of the air carrier:

  • the estimated time to clean the ladder after landing of all passengers;
  • the time began to break the airliner from the parking lot.

Accordingly, the arrival time in this case means either the moment of feeding the ladder for all passengers, or the arrival of the aircraft to the parking lot. That is, in fact, during the period, noted in the flight, the time is laid down before takeoff to the runway and setting after landing. Consider the main reasons why flights delay most often.

Later arrival airliner

A similar situation occurs most often due to the fact that many airlines are trying to maximize the time of idle aircraft, so often the time interval between two flights can occupy no more than an hour. This period is enough to prepare the board for the next flight. But if the flight arrived with the delay, then at the most maximum preparation rate, your departure is also more likely postponed.

Weather meteo conditions either at the departure point or at arrival item

Limiting visibility on fog or abundant snowfall, wind gusts and the icing of the strip will be able to cause the flight delay.

Then much depends on the level of preparation of pilots and the selected type of aircraft. What is being taken, if, for example, due to a thick fog, the flights of the airplanes were canceled. In this case, many airlines immediately postpone all flights for several hours, and passengers remain on the territory of the airport. Although the situation is possible when travelers are left on board, counting on the rapid improvement in weather conditions.

Technical reasons for airplane delay

Like any technique, airliners are also subject to technical breakdowns, which takes additional time. In this case, it is absolutely not worthwhile to configure yourself in order that the liner in the air will be twisted at all wings immediately. Most likely, we are talking about small faults that boardmecakers will be eliminated for half an hour. No carrier will not be released on the line a deliberately defective car.

If the breakdown is not eliminated in a few hours, then the airline will provide another aircraft. But such a reason for the delay of the flight is voiced very rarely, because it harms the reputation of the company and scares a lot of passengers.

Loge from the schedule due to the operation of land services of the airport

The time of preparation of the aircraft between two flights takes about 1 hour.. But this is a gap with a well-established work without unexpected failures. 60 minutes after the liner is stopped, the ladder and buses for passengers who will take them into the airport building. All luggage is discharged, the refueling of clean water and air fuel is performed, cleaning on board is carried out, the power and luggage of the next travelers is delivered, a new crew comes.

When a delay in one of the numerous stages, all other training links are also delayed, and the time specified in the ticket is moving away.

The plane does not take off, although passengers on board

The most common option in this case is the turn to take off. Therefore, the airliner is to just do not burn fuel, does not start the engines, but just waiting for the permission of the dispatcher on the rise.

Another option for such a delay often serves the absence of a passenger or his removal from the flight, if he, for example, fell ill or drunk, while the baggage is already on board. For flight safety, these things need to be removed, and the search for one of the 120 bags, of course, will take a certain time.

Delay while staying in the air

This happens quite often. The main reasons may be:

  • A strong counter wind, which at high altitude reaches 190 km per hour and above. Despite the planning of flights, it is not always possible to predict such an obstacle. therefore what flies longer, the longer the backlog from the schedule.
  • Forced flight elongation, used when walking around dangerous weather phenomena, like a thunderstorm, or closed for flights of air regions.
  • Waiting for a landing queue, and it depends on either meteo conditions or from improper planning of the airport.

Possible compensation when canceling regular and charter flights

Consider the situation when they canceled the flight to the plane, what to do and on whom lies wines in this case. The involvement of the airline arises:

  • during non-shutters in the schedule of flights;
  • with untimely preparation of the aircraft to the next flight;
  • when problems with registration due to overbooking, arising during the sale of a larger number of tickets than places on board;
  • due to the abolition of the flight, which became unfavorable financially;
  • with other situations in which the airline could not give the reasonable reason for the non-fulfillment of their obligations.

Circumstances, independent of the air carrier:

  • if the airline has canceled due to weather or natural disasters, such as: floods, volcanic eruptions, forest fires, snowstorms, etc.;
  • military actions or an introduction of an emergency;
  • termination of flights in this area;
  • malfunction of the airliner, threatening the life and health of passengers;
  • strike or termination of airline personnel.

What can be done if the airline is to blame

If such a situation arises, you may be asked the following actions:

  • fly to destination on another route by plane of this airline or use the services of another, and for free;
  • return you all the cost of the ticket, and if the flight was with a transplant, then the return will be for the entire flight. The same rule acts when buying tickets in both ends. If two more independent flight were bought, it would be possible to rise only for the canceled route, and the rest will have to return in general order and lose a lot of money;
  • when canceling a flight for 2 weeks and more refund is not performed;
  • if the flight is canceled in less than two weeks, it is possible to pay compensation, the dimensions of which depend on the distance.

What if the departure was canceled upon arrival at the airport

Consider main benefitsprovided for in such situations where the flight across the territory of the European Union is carried out:

  • The delay of up to 3 hours does not provide any compensations, but you should give you the opportunity to call or send 2 letters using email, as well as provide free non-alcoholic drinks and ensure stay in the mother and child's room for passengers with children under 7 years old.
  • When the distance to 1.5 thousand km and the delay of more than three hours is supposed payment of 250 EuroAnd also free hot meals every 6 hours.
  • If the flight distance increases to 4 thousand km, then the total return amount will be already 400 euros.
  • Full reimbursement of funds for the purchase of air ticket is possible at a delay of more than 5 hours.
  • When the flight delay for a period, more than eight hours, the airline should provide a free private hotels in the hotel along with the transfer in both directions.

In contact with

Many travelers during their wanderings in Russia and other countries face different kinds of difficulties. Often passengers who are already mentally walking on an exotic beach or take pictures on the background of attractions, waiting for the disappointment caused by the cancellation of the flight.

Cancel flight can for various reasons. And today we have to deal with what to do if the flight has canceled, which compensation can count on the passenger and where to make its claims.

Cancellation causes

The air carrier can cancel its flight for various reasons. Sometimes such a decision is made to ensure the safety of passengers themselves, airplane and crew. The main reasons for the cancellation of the departure look like this:

  • failure of individual nodes of the aircraft;
  • the inability to fulfill their duties from the crew;
  • unprofitability of the flight;
  • impact of force majeure.

As you can see, the reasons so that you do not leave the airport, quite a lot. And you need to know what behavior in each of the cases is to choose not to lose money paid for the ticket and yet to be in the destination. We will analyze every situation in more detail.

Cancel departure in a few days

Of course, when your flight is canceled a few days before the departure date, you have more opportunities to respond adequately and even timely find a replacement of the airline that failed you. As a rule, when making such a decision a few days before departure, the carrier offers passengers alternative solutions to the problem. First of all, you must offer you to use the services of both the same company and the other, making a flight on board another aircraft. In this case, the final destination is not subject to change, but the time and date of departure is likely to offer another.

The second solution to the problem of the problem that will be offered to you is to pay the full cost of the ticket that you could not use. But to those tourists, whose route includes a transplanting worth being attentive: if you have one ticket on your hands, the price of which includes a flight throughout the length of the route (with a transfer), then you will commend the full cost of the ticket. And if for each gap you purchased a separate document, you can only count on the price of one ticket.

You can get the full price of the ticket price and in the event that it is purchased immediately in two ends.

Cancel departure after arrival at the airport

Sometimes the departure is canceled immediately before planting. In this case, the carrier is obliged to explain the cause of such a decision. And for clarification and with claims you can contact the company's representative.

For example, the company can offer tourists to fly by another aircraft or take advantage of the services of an alternative carrier. If the company itself is to blame, then all material expenses are assigned to it.

Where to turn with a claim?

First of all, it is necessary to assimilate that all complaints and claims to air carriers will be considered in accordance with the current legislation of the country, from which you could not fly from the airport. You can file a complaint as directly by the representative of the carrier company or by filling out a special form on the official website. By the way, the chances of getting an intelligible response and compensation more than those passengers who personally appealed to the representative of the company. But emails can often be simply ignored, and you risk losing the money spent forever.

If the company's representative at the airport was not, you can report about your claim by sending a statement and all the necessary documents (for example, a copy of the ticket) by registered mail, pointing to the envelope the legal address of the carrier. Be sure to save a copy of the claim, because it can be useful if you have to defend your rights in court.

Remember that for the presentation of claims to the Russian carrier, the passengers have a six-month period, which begins to calculate the abolition of the flight. But in European countries, this term is even more. For example, in the EU, passengers can count on compensation for two years, but passengers that are unhappy with the work of British carriers have the right to make a claim within six years. If your complaint remained without satisfaction, you have the right to defend your rights in court. The right to file a claim for a displeased client remains for three years.

To the claim, and in the future (if necessary) and to the claim, it is necessary to attach copies of the ticket with a mark on the abolition of a flight, checks and receipts that confirm the costs of the passenger, as well as all other documents that confirm the losses incurred by the canceled departure (Cost of excursions, thorough contract and other).

We hope that our information gave you a complete answer to the question of what to do if the flight was canceled. Protect your rights correctly!

If your flight is canceled due to the fault of the airline, then you have the right to return funds spent on the ticket, or by a ticket to another flight on the same route, and in some cases for additional (in addition to the money returned) compensation.

Passenger Actions If the flight canceled

Your actions in this case should be such:

  1. Go to the front desk (or at the landing point) and ask the airport staff "Written Notice of Cancellation". It will be needed if you want to get compensation from the airline.
  2. Make sure you have with you a printed route receipt confirming the purchase of a ticket (if you bought an electronic air ticket) or a regular ticket.
  3. With the "notice" and receipt / regular ticket, go to the representative of your airline and explain whether you want to choose an alternative flight or get money back.

You were notified in advance about the abolition of the flight

If this happened in a few days, weeks or even months, then return funds / compensation You must receive in the place where the air ticket was purchased, even if they bought a tour operator or through the agency site.

After your appeal, the ticket seller makes a request to the airline so that from there confirmed that you make a "Forced Return";

After confirming you at the expense (from which the ticket was paid), transfer funds, but waiting can take up to 3 months.

What are you right if the flight canceled?

When the airline is to blame for this airline (and not a natural disaster, mass riots in the country, etc.), then you can apply for:

  • another flight to the nearest flight is in the same direction from the same airline equivalent at cost;
  • another ticket, the same for the price, in the same direction to any other date;
  • to feed you free for free and drove away during the waiting for another flight;
  • return of funds spent on the ticket;
  • additional compensation (in addition to returning funds).

Who has the right to additional compensation when canceling the flight?

The amount of compensation is determined by the distance between the cities of the departure / arrival: the minimum - 250 euros, the maximum - 600 euros.

Compensation is paid in full subject to such conditions:

  • The point of departure, destination or an intermediate point of your flight should be one of the states of the European Union.
  • If you were notified about the cancellation at the airport or less than 14 days before departure.
  • If there is no similar flight over the next two hours (with a flight to 1500 kilometers).
  • If there is no other flight for three hours (distance from 1500 to 3,500 kilometers) or within 4 hours for flights from a distance of more than 3,500 kilometers.

The amount of compensation may be reduced by 50% if you were offered an alternative flight, thanks to which you could (or be able to fly) fly to the destination city with a delay:

  • no more than 2 hours (for a flight range at exceeding 1500 kilometers);
  • no more than 3 hours (to move along the EU mills up to 3,500 kilometers);
  • and 4 for more distant air travel

Please note: Russian airlines provide only the return of funds or a change of ticket to alternative. The lack of compensation is enshrined by law. It is also quite difficult to compensate for US air carriers, which, too, simply offer similar flights.

What if you canceled the flight with a transfers?

In the case when you purchased a single ticket (for example, Moscow-Munich Madrid, in which the change of transplant is Madrid), then we can expect a reimbursement of funds in the field of the volume for both parts of the path.

If you have purchased two separate tickets (Moscow-Munich and Munich Madrid), the funds will be returned only for the first part of the path (in this case, Moscow-Munich), and the second ticket will have to return or change with fines and deductions (if it is returned , And for non-returnable you just lose).

How to force yourself to cancel the flight?

Is there insurance from the unbearable? No, unfortunately, insurance companies insure customers exclusively from flight delays and customer delays for flights (moreover, the latter formulation requires a multitude of evidence for compensation). In addition, in the event of a delay in the flight, the Insurance Company will pay you about 1000 rubles per hour of waiting, but only starting from the 7th hour.

If possible, do not buy tickets with departure / arriving in the city, where bad weather is a frequent phenomenon: fog, ice, strong wind and pouring rain, etc.

For flights, choose large, time-tested air carriers based in the country's main airports. The fact is that a large airline will find an alternative flight for you faster than a small carrier, the next aircraft from which you can wait for hours.


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We all come from time to time with the cancellation or delay of flights. A particularly difficult situation occurs in the flights of parents with children. How to behave in such cases and what should be taken first? Learn more about legislative nuances, the rules of transportation and rights of passengers in Russia, the EU and the United States tells the lawyer of the National Legal Service Amuleks Olga Ryabykh.

So, there was a cancellation or flight delay. First of all, it is necessary to quickly establish who is to blame for the current situation. To do this, the passenger needs to seek explanations to the air carrier.

Responsibility of the airline

Departures from Russian airports are governed by the legislation of the Russian Federation, which does not depend on the airline, the services of which you took advantage. According to the norms of civil legislation of the Russian Federation (Articles 794 and 795 of the Civil Code of the Russian Federation) air carrier will not be responsible to the passengermi in the following cases:

  1. Natural phenomena of spontaneous nature (earthquake, flooding, fires, etc.). Moreover, this rule applies to natural phenomena both at the departure point and at the place of arrival.
  2. Military actions.
  3. Strike.
  4. Announcement of quarantine at the state level or the introduction of restrictions on transportation in certain directions.
  5. The delay or cancellation of the flight is associated with the elimination of a vehicle malfunction, which could threaten the life and health of passengers.

In all other cases wines lies at the airline. Here are some examples:

  1. Schedules in the schedule.
  2. Notepness of the crew or side to fulfill the flight.
  3. Refusal to land the passenger on the flight due to "Overbooking" (such situations where tickets are sold more than places on the plane, with the calculation that part of the passengers will not appear on the flight).
  4. Other situations in which the carrier failed to prove the influence of force majeure circumstances to fail to fulfill the terms of the contract with the passenger.

Depending on when the transfer or the abolition of the flight, the passenger needs to be elected for itself to the procedure in such a situation.

First of all, the airline, together with the report on the abolition of the flight, should offer you an alternative flight, and it can be carried out as your initial carrier and third parties, and the date of flights may differ from the date of your flight or provide for a transplant.

In addition to the alternative flight, the airline can offer you a refund of the cost of a ticket in full due to the forced refusal. Such rules are established by clause 227 of the Order of the Ministry of Transport of the Russian Federation of June 28, 2007. No. 82 "On Approval of Federal Aviation Rules" General Rules of Air Transportation of Passengers, Luggage, Cargo and Passenger Services and Requirements for Passenger Services, Cargo Persons "(hereinafter referred to aviation rules ").

Remember: If you purchased one flight to a transfer with a transfer, you can count on the value of the cost of the entire route. If there were two tickets, and canceled / replaced only the first flight, to return only the amount for the canceled flight. The ticket for the second flight will have to be handed over the tariff. If the cancellation or replacement has affected the second portion of the flight, and the airline has not provided alternative options, the carrier is obliged to return the money for the specified ticket and provide a free return to Russia.

As for tickets "there and back", return their full cost when you cancel / replace the flight, only if they are purchased at the same time (both tickets on the same form).

The return of money for a ticket can also be demanded in cases where the alternative version proposed by the air carrier did not suit you.

You learned about the cancellation / delay of the flight already at the airport

This situation is uncomfortable for all passengers, but especially for parents with children. The first thing you need to do in this case is not to panic and contact the air carrier employees to clarify:

  • why and how much your flight will be detained (PP. 73-74 federal aviation rules);
  • is it possible to provide you with an alternative flight.

Also, it is also necessary to receive a document-certificate or mark on your ticket on your bill on the cancellation / delay of the flight (p.228 of federal aviation rules).

If you agree to wait for the next board, you can take advantage of all the benefits that passengers have when the flight delay (Article 99 of the Federal Aviation Rules). On all the following services, the passenger can apply without fee.

If waiting will take more than 2 hoursYou can count on:

  • The mother's room and the child, which is provided for one passenger with a child not older than 7 years.
  • Two phone calls or two e-mail messages while waiting for the departure of the flight.
  • Cool drinks.

If waiting will take more than 4 hoursYou have the right to hot meals every 6 hours and every 8 hours at night.

If waiting will take more than 8 hours in the afternoon and more than 6 hours at nightYou have the right to:

  • Free accommodation in the hotel.
  • Transfer from the airport to the hotel and back in cases where the hotel is available at no extra charge.
  • Free luggage storage.

Delay of flights "Aeroflot" December 1-2: We deal with the situation

On December 1-2, 2017, Aeroflot detained 40 flights from Moscow due to the lack of permission from Sheremetyevo Airport to launch engines. Flights were detained for more than 2 hours, all passengers were not just at the airport, but on board the aircraft. As noted in the company itself, everything was already ready for the flight, the crew commanders were expected from Sheremetyevo permission to be towed from the parking lot, the launch of the engines, etc. As explained in the company "Aeroflot": permission to launch could give any minute, therefore passengers did not sit down.

It is known that the passengers had the opportunity to leave the board, but in this case the passenger would lose the flight, as the plane could fly at any time. The company adds that passengers of the remaining detainees who expected departure in the terminal were serviced according to the aviation rules, they were provided by drinking vouchers and food.

In such a situation, it is recommended not to occupy a waiting position, but boldly contact the airline rack for information about the reasons, possible timing of your departure and the procedure for your further action. It is important to remember: aircraft crew can't hold passengers on board At the airport (point on the route of transportation), if you wish the passenger, leave the board and do not continue the trip.

Passengers leaving the board of the aircraft must be declared its refusal of transportation. At the same time, the refusal caused by violations of the obligations by the carrier - by the cancellation or delay of the flight will be considered forced (paragraph 227 of the Federal Aviation Rules). The right to the forced refusal to transport the passenger can take advantage of both the aircraft, if the delay of the flight has become known only there. In the case of a forced refusal, the passenger will be returned to the transport fee (part 2 of Article 108 of the Air Code of the Russian Federation).

Compensation for the delay in the flight in the Russian Federation

If you cancel / delay the flight, you have the right to claim compensation if the Russian airline cannot prove its innocence to this event.

In accordance with the Law of the Russian Federation of 07.02.1992 No. 2300-1 "On the Protection of Consumer Rights" (clause 5 of Art. 28) in the event of the airline's guilt in the cancel / delay of the flight, you have the right to pay 3% of the cost of a ticket for each hour, and According to the Air Code of the Russian Federation (Article 1220 of the Russian Federation) - 25% of the minimum wage for each hour of deferment, but not more than 50% of the ticket price.

In addition, according to the same law "On the Protection of Consumer Rights" (paragraph 2 of Art. 13, Art. 15), in the event of the fault of the air carrier in cancellation / delay of the flight, you can claim compensation for damages and compensate for moral damage, if in connection With the cancellation / delay of the flight, additional costs were forced to carry additional costs or physical and moral suffering were caused.

The actions of carriers and passengers in the event of a delay or cancellation of the flight on the territory of the European Union are determined by the Rules of EC No. 261/2004 (Regulation (EC) NO 261/2004 of the European Parliary 2004).

The algorithm of the actions of the carrier and passengers in the delay or cancellation of flights in the European Union is almost the same as in Russia. First of all, it will be necessary to contact the representative of the airline for information on the possibility of providing an alternative flight and get a bet on the ticket that the flight was delayed or canceled.

Payment of compensation payments apply to all carriers flying over the territory of the European Union or from EU airports in any other directions. In addition, airlines registered on the EU are also required to provide compensation in the event of transportation to the EU territory from any other countries. Passengers have the right to receive compensation regardless of whether they are citizens of the EU or not. It is possible to count on compensation if the flight was canceled in less than two weeks before departure.

With "Overbooking" in the EU countries, the airline is obliged to offer all the "superfluous" passengers to voluntarily abandon the flight. All the rejected money will be returned with money and offer compensation in the amount of from 250 to 600 euros, taking into account the flight range. In addition, if there are no volunteers, you can be removed from the flight - with a full reimbursement of the cost of the ticket and with all compensation.

When waiting for the flight you will also be eligible for free services from the airline:

  • Meals and drinks
  • Accommodation in the hotel (if you need to stay)
  • Transfer between the airport and the place of residence
  • Two phone calls, fax or email messages

In the US, the law provides for a return money for a ticket and / or compensation, when the passenger did not hit the flight due to the "Overbooking". In America, each airline has its own rules, and the law does not oblige carriers to provide passengers of detainees or canceled flights, drinks or phone calls. Also, the law does not provide and refund during long delays or cancellation, but in most cases the airline will offer to change the ticket to its closest flight or flight of another company. But if a new ticket is more expensive, the difference in price will have to be covered in your own account.

What will change the Montreal Convention?

This summer, Russia has joined the Montreal Convention for the Unification of International Air Transport Rules (the relevant document is published on the official Internet portal of legal information). Thus, payments for the delay of the flight rose almost 15 times - up to 344 thousand rubles from 1,950 rubles per hour of waiting. The Convention applies only to international regular and charter flights.

The Convention expands the limits and size of the carrier's responsibility: compensation for passengers or their relatives are tied to an artificial payment facility - borrowing rights (SPZ), which are calculated on the basis of several world currencies (Japanese yen, euro, dollar and pound sterling). Thus, according to the Montreal Convention, the passenger provides compensation to 4150 SPZ, or 344 thousand rubles, instead of the previous 25% of the minimum wage for each hour of delay, but not more than 50% of the cost of the ticket.

Changes touched on baggage. Now, in the case of destruction, damage or delay, compensation will be limited to the amount of 1000 SPZ (about 83 thousand rubles). For comparison: Previously, the amount of compensation was determined by Art. 119 of the Air Code of the Russian Federation and could not exceed 600 rubles per 1 kg of baggage and 11 thousand rubles for manual staging in cases where the cost cannot be accurately established.

The payments and case of the death of the passenger increased - up to 100 thousand SPZ, this is about 8.3 million rubles, earlier the norm was regulated by paragraph 12 of Art. 117 of the Air Code, and the maximum amount was 2 million rubles. In addition, the passengers have the opportunity to choose the place of presentation of the package for the carrier - now it can be done at the place of residence of the passenger.

However, now, as already mentioned above, according to the EU Regulations 261/2004, the carrier pays a passenger from 250 to 600 euros depending on the flight range. The Montreal Convention does not oblige the airline to voluntarily pay any amount at each flight delay. In Russia, this day, the rules of the European Union are not applied. And even after ratifying the Montreal Convention, the passenger will be forced to apply to the court to prove the amount of damages incurred and recover them from the carrier.

How to return money for a ticket

If the airline, at the delay of the flight, ignored your right to refund paid money, did not offer an alternative flight and / or did not give any explanations, then you can collect documents and solve the dispute in the pre-trial order: in Russia - within 6 months from the moment Cancellation / delays of the flight according to the Air Code of the Russian Federation (Article 126 of the Russian Federation of the Russian Federation), and in European countries - from 2 to 6 years (depending on the transport rules).

To resolve the dispute with the airline in the pre-trial order, the air carrier will need to hand the claim by attaching to it confirming the documents specified in it: a ticket with a mark on the cancellation or delay of the flight or a certificate of airline, a boarding pass, receipts and checks for food and accommodation during waiting, Letters and invitation, other documents confirming the cost of you and your child or caused to you and your child moral damage.

You can personally give a claim with a copy of documents to a representative of the airline or send a registered letter to the Airlines to the airline.

The carrier has 30 days to consider your claim and give an answer (Art. 128 VK of the Russian Federation). During this time, you must be returned for tickets paid for cash and lists the compensation amounts.

In the EU countries, money will be listed on your account within 7 days, as required by the EU Regulations No. 261 / 2004regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004.

Memo for parents when flying with children

  1. When gathering with a child on a journey, always take with you the documents on the child, even if you do not need to make a separate air ticket to it. Think about the abolition / replacement of things necessary in case of cancellation / replacement.
  2. Get explanations from representatives of the airline about the causes of cancellation / flight delay, put the mark on the ticket or receive the appropriate reference.
  3. Get further instructions on the place and order of waiting for the next flight.
  4. Depending on the next time waiting for the next flight, require free food, hotel accommodation, other services (in the Russian Federation and the EU). If the flight was detained in the USA, you can find out on the airline's website, what are the additional services for waiting for the flight of passengers.
  5. Tellivate the airlines that you expect a flight with a child, recall your rights as passengers with children.
  6. Collect all checks and receipts for food and accommodation during your forced waiting to subsequently be able to prove damages caused to you and moral damage.
  7. Do not be afraid to protect your rights. In case of violation of your rights, please contact the air carrier claims, and in case of refusal to pre-trial settlement, the dispute is to court.

These are general rules for the behavior of parents with children when canceling or delaying the flight, the observance of which will give a serious guarantee that the journey will pass without excesses.