The Russians were given a charter nightmare. What to do if your flight is delayed

Unfortunately, not all trips go smoothly. Flight delays occupy a special place on the list of popular difficulties among travelers. This happens not only on charter routes, but also on regular ones. What to do if there is a flight delay, what are airline passengers entitled to? What free services and compensation should they expect?

Possible reasons for delays

There is no need to explain that the reasons can be very different. Sometimes these data may differ even between airline and airport employees. To establish the cause, the courts make inquiries to various airport services. So these could be:

1. Aircraft malfunctions.
2. Weather conditions.
3. Vessel delay, etc.

Are you trying to figure out what passengers are entitled to when their flight is delayed? When the flight is delayed due to circumstances beyond the airline's control, then it will not be possible to claim financial compensation. But it should provide certain conveniences during the waiting process.

This is where the first difficulties await travelers; not many of them understand their rights, for example, what passengers are entitled to if their flight is delayed by 3 hours, and what airlines themselves are not profitable to offer. Therefore, the flag is in your hands, or, more precisely, the FAR (Federal Aviation Regulations).

Obligations of the carrier in the event of a flight delay

The first thing the airport/carrier must do in the event of a delay is to inform travelers about the schedule amendments and the reasons for them.

If passengers do not receive information, and it is impossible to find a company agent, then the Federal Air Transport Service and tour operators should be notified about the situation. The former manage the airline, and the latter are responsible to travelers for the services provided, since they have entered into an agreement with the carrier.

Ticket return

If, due to the fact that your flight is behind schedule, you decide not to wait for the ship to depart, but to travel with another airline or go home, then you have accordingly decided to terminate the air carriage agreement. It is forced, therefore, you can count on compensation in the amount of 100%.

Such refusals also include:

1. Reorganization of the route by the carrier.
2. The flight is not on schedule.
3. Failed departure of a traveler due to the lack of a seat in the cabin corresponding to the date and flight indicated on the boarding ticket, due to a lengthy search by an airport employee, as a result of which no prohibited items and substances were found.
4. Sudden illness of a passenger or his close relative with confirmation of this fact by a medical certificate.
5. Failure to provide the traveler with a class of service corresponding to the purchased ticket.

In the event of a forced refusal, the airline puts a corresponding note on the ticket or issues a document explaining the circumstances of this refusal.

Travelers' rights when their flight is delayed

So, what do passengers have to do if their flight is delayed? Even if you don’t have to wait long, about 1 hour, you still shouldn’t leave the situation to chance. Immediately after receiving information about the delay, you should go to the reception desk and ask for detailed explanations. With such a slight delay, you are unlikely to receive an answer, since the employees themselves do not know what is going on, but the main purpose of the conversation is to put a stamp on the delay. It will become irrefutable evidence in subsequent proceedings.

The reasons for a delay may vary, but every traveler should have information about what passengers are entitled to in the event of a flight delay. The list of airline obligations includes:

1. Travelers with children under 7 years of age must be provided with a pass to the mother and baby room.
2. Storage of luggage until departure.

Agree that it is much more convenient to wait for a rescheduled flight, freeing your hands from luggage, and settling in comfortable conditions with your children. The list of subsequent services included in the carrier's responsibilities depends on the duration of the delay.

Delay time

Depending on the waiting time, the passenger is provided with the following services:

1. So, what do passengers have to do if their flight is delayed by 2 hours or more? An air passenger has the right to demand from the company the opportunity to make 2 phone calls at his expense to any city in the world and send 2 SMS.
2. What else are entitled to passengers if their flight is delayed by 2 hours or more? The carrier must provide them with drinks of their choice in the required quantity.
3. Passengers are provided with a hot meal if their flight is delayed by 5 hours or more. After this, feeding is carried out every 6 hours during the day and 8 at night.
4. The flight was delayed for 6 hours, what do passengers have to do? After this time, all travelers must be provided with the following:

• Hotel room before departure. Rest room is provided after 8 hours of flight delay during the day, after 6 hours - at night.
• By car to the hotel and back.

Other compensation

All announced services must be provided to the passenger completely free of charge. There can be no justification in this case, since the air carrier must take care of passengers under all conditions. Well, if the flight was delayed due to the fault of the organization, then she will not be able to get away with a hot lunch and a hotel room. In addition to this, passengers are entitled to:

1. Cash payment in the amount of 3% of the ticket price, multiplied by the number of hours of delay.
2. Compensation in the amount of 0.25% of the minimum wage multiplied by the number of delayed departure hours.

In total, for a delayed flight, an air passenger will be able to return up to 50% of the ticket price (depending on the length of the wait). If the flight is never completed, then, without any doubt, the full price of the ticket will be refunded in addition to other compensation. All these amounts are valid on Russian territory; in EU countries the amount of payments is much higher. Depending on the departure time and distance, an air passenger who receives a flight cancellation message from the carrier less than 2 weeks in advance can expect compensation in the amount of 600 euros.

Important information

If a flight is delayed for 14 hours, what do passengers have to do? With such a long-term flight delay, you should not wait long for the airline to pay for food and hotel. You can do everything yourself, the main thing is to save all payment documents (receipts, checks, etc.), since all the funds spent will then be returned, but, however, this will be done through the court.

Don’t know what passengers are entitled to if their flight is delayed by 5 hours or more? What to do if docking was expected? There is no need to worry about transplants. If you had a connecting flight, the carrier will in any case have to provide a seat on another aircraft en route to your destination. You won't have to pay a penny extra for your ticket, even if you are placed in business class. But if you purchased a business class ticket, and there are empty seats in economy, then you must insist on a refund of the difference!

The flight delay time is calculated based on the data indicated on the boarding ticket. The carrier, at its own discretion, may provide additional services during the delay, but they do not cancel the mandatory ones.

What to do if your charter flight is delayed

If you are going to make a claim, you will definitely need a certificate of flight delay/cancellation. The boarding receipt must be handwritten and stamped with the current departure time.

If mandatory services are not provided while waiting for a flight, purchase them yourself, but be sure to keep all receipts. Upon arrival, present them to the tour operator, his task is to deal with the charter carrier and demand compensation.

What you need to know about charter flight delays

Scheduled and charter air carriers share different types of responsibilities. In the latter case, all responsibility lies with the tour operator who chartered the ship, and not with the carrier itself.

If there is a flight delay, what do passengers have to do? The law states that, regardless of the reasons for changing the schedule, the carrier is obliged to provide the passenger with the necessary services specified above within the established time limits.

The main thing you need to do is get a stamp at the check-in counter about the delay of your flight. If there is one, then you will be able to return your own funds that could have been spent due to the fact that the carrier did not provide the necessary services or did so in violation of the established time frame.

Disputes regarding reimbursement of funds may go to court, but most often this does not happen; all claims are considered pre-trial. You can submit an application for compensation payment within 6 months from the date of the flight; the carrier/tour operator is obliged to consider it within 30 days.

Compensation payments for flight delays on Russian territory

The obligations of air carriers and the rights of travelers regarding the issue of receiving compensation for changing the departure time of a ship of a Russian carrier or a foreign organization that delayed a flight in Russia are regulated by the Air Code of the Russian Federation.

To receive payment for changing a flight, you need to put a stamp at the check-in counter and also obtain the appropriate certificate from an airline representative. Claims are accepted within six months from the date of flight delay.

The claim statement must be accompanied by a stamped plane ticket and a certificate confirming this fact. In addition, if you paid for the services yourself, all payment documents must be attached (receipts for food, hotel, transportation, etc. during the delay). The claim must be sent by registered mail with an inventory by mail or delivered personally to the airline agents. Be sure to make a copy of the letter for yourself. If the request will be delivered to the representative personally, do not forget to take a receipt from him. A response should be expected within a month from the date of sending.

If the flight is delayed by a European airline or within the EU

If the flight schedule of an airline registered in the EU or at an airport in EU countries has changed, then what do passengers have to do if the flight is delayed by 3 hours, for example? In this case, passengers are paid compensation, which can only be refused for several reasons:

1. Terrorist act.
2. Synoptic conditions.
3. Strike.
4. Sabotage.

Atmospheric conditions are considered a reason for refusal only if all flights originating from that airport have been delayed.

To receive compensation, you need to study the regulations, and if your situation fits the provisions described there, then you can safely write a claim statement addressed to the air carrier. You send a letter and wait for a response. If the carrier refuses to provide compensation, you can send a letter to the consumer protection society of the country from which the flight took place. If there is a refusal there, then file a claim in the court of the same country.

The amount of payment will depend on the duration of the delay, as well as the distance between the departure and arrival airports.

Another way

The second way to receive compensation is to seek help from the Compensair organization, which completely takes care of all the paperwork for collecting payment from the air carrier, from filling out the initial application to pre-trial work with local consumer protection authorities in EU countries and court proceedings. By the way, you can check the possibility of receiving compensation for a specific delayed flight on their website completely free of charge.

The service only charges a fee for the work done if the result is positive. You don’t have to pay anything, Compensair will transfer the amount to you minus the commission, usually its size is 25%.

22 June 2017, 12:36

The peak of charter delays occurs in the summer, when masses of vacationers move to warmer climes. Sitting on suitcases at the airport is one of the nightmares of our tourists. PROturizm has collected a minimum of advice on how to correctly perceive this problem.

When the unpleasant message “flight delayed” appears on the board, the main thing is not to panic. It is always advisable to have a representative (of the airline or airport) come to meet you and explain what is happening.

Reasons for charter flight delays

There are various reasons for flight delays. Sometimes the data differs between the airport and the airline. To determine the exact reason, the courts make inquiries to weather and other airport services.

• Plane non-arrival
• Airplane breakdown
• Weather (meteo) conditions

If the flight is delayed for reasons beyond the airline's control, you will not be able to receive financial compensation. But in any case, the airline is obliged to provide you with certain amenities while waiting for your flight.

This is where the first difficulties arise - it is not profitable for airlines to confess, and passengers do not know their rights. So - the flag is in our hands, or rather FAP - federal aviation regulations.

Responsibilities of the airline in case of flight delay

The first thing the air carrier (or airport) must do is inform passengers about changes in the schedule and the reasons for the changes. This is stated in paragraph 92 of the FAP (Federal Aviation Regulations).

If the airline does not notify passengers and a representative cannot be found, you can complain about charter carriers to the Federal Air Transport Agency and tour operators. The first, since they are a higher organization above the airline. The second - as those who have concluded a contract for charter transportation, they are now responsible to passengers for the services provided.

What should you do if your charter flight is delayed?

If you intend to make a claim, obtain a certificate of flight delay (cancellation). The boarding pass must indicate (by hand) the current departure time and be stamped.

If you are not provided with mandatory services while waiting for a flight, buy them yourself, keep the receipts and submit the costs for reimbursement to your tour operator, and he will deal with the charter carrier. Please note that monetary compensation can only be obtained if the carrier’s fault for the flight delay is proven. In Russia, the amount of compensation for flight delays is determined at 25% of the minimum wage for each hour of delay, but not more than 50% of the ticket price.

Passenger rights in case of flight delay

According to paragraph 99 of the above air rules, if a flight is delayed, passengers with children under 7 years of age are required to provide a room for mother and child, and for the rest, organize luggage storage.

After two hours of waiting, air passengers are entitled to soft drinks and 2 phone calls or the opportunity to send two emails at the airline's expense.

So, if a flight is delayed, the airline is obliged to provide:

• after 2 hours - soft drinks and 2 telephone or email messages,
• after 4 hours - hot food, and then every 6 hours during the day (or 8 hours at night),
• every 6 hours at night (8 hours during the day) – free hotel accommodation (and transportation to and from it).

Unfortunately, for charters, rescheduling flights for up to 10 hours is acceptable. If the airline delays the flight for a longer period, the Law “On Protection of Consumer Rights” comes into force. Such a flight delay is a significant change in the terms of the contract between the tourist and the tour operator. In case of “loss of a day” of rest, Rospotrebnadzor comes to the protection of the Consumer and compensation can be obtained.

What you need to know about charter flight delays

Different types of liability are shared between scheduled and charter flight carriers. In the latter case, the tour operator who chartered the plane is responsible for transportation, and not the carrier itself.

For any reason for a flight delay, the air carrier is obliged to provide the passenger with the opportunity to make a call, refreshments, hot meals, and hotel accommodation within a certain period of time.

The first thing you need to do is get a flight delay stamp from the check-in counter. Then, if you are not provided with the necessary “conveniences” in due time, you can, as a last resort, order them yourself and then present checks for payment to the airline or tour operator. Here the showdown can bring you to court, but often it doesn’t come to that, and the claims are considered by the guilty party in a pre-trial manner.

You can file a claim within six months from the date of the flight, and the airline (tour operator) must consider it within 30 days.

Consequences of flight delays

Since the beginning of the season, the tourism community has been solving problems with the postponement and cancellation of VIM-Avia flights. In the case of charters, responsibility for transporting vacationers to their vacation destination passes to the customer of the transportation, that is, the tour operator.

The impressions of a long-awaited vacation may turn out to be blurry through no fault of yours. Reports of long flight delays and angry passengers whose rights have been violated appear regularly. It is important not to forget that the procedure for both tourists and airlines is clearly regulated. We will learn about how to behave and what you can count on if you find yourself in an unpleasant situation from the head of the legal department of Persona Grata Legal Agency LLC, Irina Dotsenko.

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In accordance with paragraph 99 of the Air Transportation Rules, in the event of a break in transportation due to the fault of the carrier, as well as in the event of a delay or cancellation of a flight due to unfavorable meteorological conditions, for technical and other reasons, changes in the transportation route, the carrier is obliged to organize for passengers at the points of departure and intermediate the following services:

1. Providing mother and child rooms to a passenger with a child under 7 years of age;
2. Two phone calls or two emails when waiting more than two hours for a flight to depart;
3. Providing refreshments when waiting for a flight to depart for more than two hours;
4. Providing hot meals when waiting for a flight to depart for more than 4 hours and then every 6 hours during the day and every 8 hours at night;
5. Accommodation in a hotel when waiting for a flight departure for more than 8 hours during the day and more than 6 hours at night;
6. Delivery by transport from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee;
7. Organization of luggage storage.

These services are provided to passengers at no additional charge. The waiting time for flight departure begins from the flight departure time indicated on the ticket.

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It is quite possible to receive compensation from the airline in the event of a flight delay and failure to provide services required by law.

And here's what you need to do for this:

First, the passenger needs to contact the airline representative at the airport (airport employee at the information desk) and obtain a document confirming the flight delay (usually a note about the flight delay is placed on the itinerary receipt or boarding pass). Next, you need to collect all the receipts confirming the expenses you incurred due to the flight delay, and upon arrival at your destination, send a claim to the airline demanding compensation for moral damages. If the airline refuses to voluntarily satisfy your demands, you can go to court.

According to Federal Law No. 52-FZ of April 3, 2017, Russia joined the 1999 Montreal Convention on the Unification of Rules for International Air Transport, which has already been ratified by more than 120 countries. What will change for air passengers?

Rospotrebnadzor reports that bringing air legislation into compliance with the Montreal Convention will significantly improve the rights of consumers of services in the field of passenger air transportation by increasing the upper limit of compensation paid for violations of transportation rules.

If, according to the norms of the Air Code of the Russian Federation, the company’s liability for damage due to flight delay is 1875 RUB for each hour of downtime (but not more than 50% of the ticket price), then according to the new rules, compensation will be limited not to half the cost of the ticket, but to the amount of 332 thousand .RUB

The amount of compensation for loss of luggage by the carrier currently cannot exceed 600 RUB per 1 kg (for luggage) and 11 thousand RUB for hand luggage if the value of the luggage cannot be accurately determined. According to the Montreal Convention, the carrier's liability in the event of destruction, loss, damage or delay is limited to an amount of approximately 78 thousand RUB in relation to each passenger.

The amount of compensation in case of harm to the life and health of a passenger, according to the Air Code of the Russian Federation, cannot be more than 2 million RUB. The Montreal Convention increases this limit by almost 4 times and provides that with regard to damage to the life and health of a passenger, if it does not exceed the amount of about 7.8 million RUB, the carrier cannot exclude or limit its liability.

As a result of the long delay, vacation time at the resort was reduced. To whom should tourists address their claims?

If the flight is charter, the claim is sent to the tour operator. If we are talking about a scheduled flight, the claim can be sent either to the tour operator or to the carrier.

What is the chance of getting compensation for a flight delay?

By virtue of paragraph 1 of Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the passenger has the right to demand full compensation for losses caused to him in connection with violation of the terms of provision of services. In accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right.

Based on Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of the seller’s violation of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

A flight delay is an unpleasant but relatively common situation that can happen at the very beginning of a trip. The reasons are quite varied: bad weather conditions, technical problems on the plane, heavy load on the airport airspace, internal problems of the airline, etc. Regardless of what caused the plane to be delayed, there is no need to be scared or confused. Below we will look at what to do if your flight is delayed.

Passenger rights in case of flight delay

Whether you are flying on a charter or scheduled flight, on a major air carrier or on a airline, the rights of a passenger when a flight is delayed are the same.

It must be remembered that all issues during a flight delay must be resolved with representatives of the airline, and not with airport services. In turn, if problems arise with departure at the scheduled time, the airline is obliged to immediately notify you of the reasons and timing of the delay of the aircraft flight.

Where to contact?

Unfortunately, when it comes to respecting all the rights of passengers, airlines do not always demonstrate their proactivity, so you must know all the rules yourself and do not hesitate to remind the carrier representatives at the airport about them.

Where can I find an airline representative? The right person could be at your flight check-in counter, at your airline's sales office at the airport, or at the gate itself. If your search is unsuccessful, feel free to call the airline phone number indicated on your ticket.

Keep an eye on the clock

• Families with small passengers under 7 years old are entitled to access to an equipped and comfortable mother and child room, even if the flight delay is minor.
• If your flight is delayed for 2 hours, you can make 2 free calls or send 2 emails. In addition, you should have access to cold drinks.
• A flight delay of more than 4 hours already means that the airline will provide hot meals. Usually this is a coupon for a certain amount to order food at one of the airport restaurants. You should receive this service every 6 hours during the day and every 8 hours at night.
• If the flight delay reaches 8 hours (or 6 hours at night), the airline is obliged to accommodate you in a hotel, organize transport there and back, and also provide free luggage storage at the airport. If for some reason you are not satisfied with the conditions of hotel accommodation (for example, it is unacceptable for strangers to stay in the same room), you can find a hotel room yourself, remembering to save all documents confirming personal expenses. This will help you later claim compensation for plane delays.

Filing a claim and compensation for flight delay

Airplane delays are not only unpleasant due to the unplanned wait, but can also lead to certain losses: a missed business meeting, a missed connecting flight with another airline, a paid but unused hotel reservation. In this case, any victim has the right to file a flight delay claim and receive compensation. However, it should be borne in mind that this rule applies only when the flight delay is due to the fault of the airline itself. For example, bad weather conditions or excessive congestion at the airport will not be a reason to claim compensation.

In order to competently file a claim, you need to collect as many documents as possible confirming the fact that the plane was delayed. Immediately after the delay is announced, ask the company representatives to make a note about this on your ticket, and when boarding the plane, the actual departure time. Keep all receipts indicating your personal expenses during the flight delay.

To receive compensation for an aircraft flight delay, a claim with all attached evidence must be submitted to the airline within 6 months after arrival. If there is no response within 30 days, you can immediately go to court.

The amount of compensation is 25% of the minimum wage for each hour of delay, but not more than 50% of the cost of your air ticket.

Now you know everything about what to do if your flight is delayed. We wish you pleasant travels!

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

This tourist season, Rosaviation daily records at least 3-4 delays in charter passenger flights 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 of the delayed flight tried to block the same airline's departure to Antalya at 4.30 am. 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 of a mandatory requirement for airlines to provide information to the Federal Air Transport Agency on the planned volumes of charter passenger traffic... There is a discussion about the possibility of abandoning the practice of transporting tourists to popular leisure destinations on charter flights, chartered by large tour operators. But There is no clear opinion yet about the advisability of this step,” the publication writes.

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