You’ve been preparing all year, and here he is on vacation. Tickets for the plane were bought, suitcases were packed, but bad luck - the flight was delayed. The mood begins to catastrophically worsen. What to do in a similar situation? Where to run? Claim compensation for flight delays or return tickets? The main thing - do not panic. There is a certain procedure governing the actions of both airlines and passengers in this situation. We will talk about everything.
Your actions when you were informed of a flight delay
So, you received not very pleasant information about the delay in the departure of the aircraft. First of all, you need to find a representative of the air carrier and check with him the following:
- The reason for the delay.
- Its duration.
- The order of your subsequent actions.
- Possibility of receiving coupons for hot meals, soft drinks, as well as hotel accommodation. These “options” depend on how long the departure of the aircraft is delayed.
On a note! If nothing was provided (including compensation for the flight delay), and the employees all “evaporated”, then upon returning from vacation (with renewed vigor), contact the airline company with a claim.
- The likelihood of providing a flight on an alternative basis.
Important! On the basis of paragraph 228 of the Federal Aviation Administration (Federal Aviation Rules), require an employee of the airline (or any other employee of the airport) to have a certificate or a note on your ticket about the flight delay. This must be done without fail. You will really need this document when you later apply for compensation for flight delays. If there is no mark, then it will be more difficult to prove the delay of departure. The main thing - do not be nervous: the law is on your side.
What can passengers expect in case of delayed departure
Besides compensation for flight delays, what else can an airline offer tourists? Based on paragraph 99 of the FAP, passengers on a delayed flight may expect to receive the following services:
- With a delay of departure for 2 hours. In this case, tourists with preschool children should be given access to the room of the mother and child. All passengers (not only with children) must be provided with drinking water, and while waiting, they are entitled to send two messages by e-mail or fax, as well as make two phone calls.
- With a delay of departure for 4 hours. In addition to the above, hot meals should be offered to tourists.
On a note! In the daytime, food should be provided every 6 hours, and at night every 8 hours.
- With a delay of departure for 8 hours (during the day) and 6 hours (at night). Tourists have the right to rely on accommodation in a hotel room, delivery to their place of residence and storage of their luggage.
Important! All services should be provided free of charge.
How to get compensation for flight delays
How can I get compensation for delayed departure? To do this is both easy and difficult at the same time. It’s easy, because in order to receive compensation for the delay of an airplane flight, it is enough to provide the airline with the following documents:
- Ticket with a delayed departure mark.
- A statement written in simple writing.
On a note! You can send your application and ticket with a valuable registered letter (with an inventory) with a mandatory written notice. In this case, you will have a receipt on departure. Then the carrier will not be tempted to claim that there was no statement.
It’s difficult, because it’s unlikely that you will be met with “open arms” in the company.After all, each carrier tries by any means to avoid paying compensation for certain flaws in its work.
If it is not possible to agree with the carrier on cost recovery
If the airline categorically refuses to pay compensation for the flight delay, then you should contact the judicial authorities. The following documents must be submitted there:
- boarding passes, tickets and baggage receipts;
- a certificate or a note on the delay of the flight (it must be obtained at the check-in counter at the airport);
- contractual obligations of the air carrier (that is, a service agreement);
- eyewitness accounts (to do this, exchange phone numbers with your fellow travelers);
- checks for travel expenses, as well as the purchase of drinks, food and hotel accommodation.
All these documents confirm the fact that the carrier violated its contractual obligations.
On a note! More often than not, airlines are not interested in bringing a case to court. Since, if a similar issue will be considered by the servants of Themis, there is a risk that the carrier will have to additionally pay for moral and physical (in terms of health, because nerve cells are not restored) damage, as well as a fine for violating contractual terms.
Charter Flight Delay Compensation
Charter flight passengers are entitled to the same compensation as tourists flying regular flights. In the event of a delay in departure, they must act according to the same "scheme" as everyone else.
There is only one caveat: regarding compensation in case of flight delay, it is necessary to contact not the air carrier, but the tour operator, with whom the service contract was concluded.
What does the Russian law say about compensation in case of delayed departure
In Russia, compensation for the delay of an airplane flight is regulated by such a law as “On the Protection of Consumer Rights”:
- If the airline blames the delay on the flight, then in accordance with paragraph 5 of Article 28, a tourist is entitled to receive a cash payment from the carrier in the amount of 3% of the cost of the purchased ticket (moreover, for every 60 minutes of waiting).
On a note! And in accordance with Article 120 of the VK (that is, the Air Code) of the Russian Federation, a passenger can receive a 25% minimum wage for every 60 minutes of waiting (but not more than half the cost of the purchased ticket).
- According to paragraph 2 of Articles 13 and 15, a passenger can claim compensation for moral, material and physical damage (you were nervous, that is, your health was damaged to some extent).
What does the Montreal agreement say?
In August 2017, the Russian Federation sided with the Montreal Agreement on the unification of air transportation rules in the international space. As a result of this, compensation for flight delays in Russia has grown significantly - up to 300,000-350,000 rubles. (it all depends on the exchange rate of the pound, dollar, euro or yen), and for an hour of waiting you can receive a payment of 1950 rubles or more. But, this is only theoretically. In order to receive this or a lesser amount, the passenger will have to contact the judicial authorities in order to reasonably prove the amount of his damage and recover it from the carrier.
Important! The agreement applies exclusively to international charter and scheduled flights.
Postponement of Aeroflot departures
Let's look at the specific situation that occurred in early December 2017. Then it was delayed (almost 2 hours) about 40 flights from the capital of Russia - Moscow. Some people were in the airport terminal, while others were waiting directly on board the airliner. People were not allowed out of the cabins because ship commanders could “start” at any moment as soon as they received the “go-ahead” to launch the engines and take off.
It was announced to passengers on planes that if they decided to leave the plane, they would lose the opportunity to fly (that is, they were not talking about compensation for the delay in Aeroflot flights).The service of tourists awaiting their flights at the airport took place in accordance with the FAP.
What could be done in that situation:
- In no case do not take a wait and see attitude. It was necessary to go to the air carrier’s counter and try to find out as much as possible about the reasons for the delay, its possible duration and your further actions.
Important! If you were already on board an airliner, the crew was not entitled to hold you if you decided to get off and not continue the journey with this company.
- As soon as you left the plane, you should have declared (in writing) your refusal to fly. Moreover, in accordance with paragraph 227 of the FAP, regardless of whether the flight was delayed or canceled, the refusal would be interpreted as forced.
Important! Remember: not only tourists waiting at the airport, but also passengers who have already taken places on board the airliner can use the right to involuntarily refuse to fly. According to part 2 of article 108 of the RF CC, all of them will be able to return the money spent on the purchase of tickets.
Delayed Payments in Other Countries
In the event of a flight delay, what compensation is provided for in the countries of the European Union, as well as in the United States of America? The amount of payments is regulated in accordance with such a document as EU No. 261/2004 (the law that applies to all airlines in the world), and depends on the distance at which destinations are located from each other:
- if there are less than 1,500 kilometers between cities, the return amount will be about 250 euros per passenger (that is, about 18,900 rubles);
- 1500-3500 kilometers - 400 euros / 30 000 rubles .;
- over 3,500 kilometers - 600 euros (that is, approximately 45 thousand rubles for each tourist).
In this case, the following conditions must be met:
- The departure or arrival point must be an airport terminal located on the territory of the European Union.
- The delay of departure should be 3 hours or more.
- Cancellation of a flight due to the fault of the airline (that is, not due to strike actions by airport employees or bad weather).
- Refusal to board a passenger on an airliner due to the fault of the carrier (for example, due to overbooking). In this case, the tourist receives the full cost of the purchased ticket and all compensation.
What to do if a tourist is late for another plane due to a delay in departure
Consider the situation using an example: you are flying from Helsinki to Split with a transfer in Vienna. If you bought one ticket, the carrier will be responsible for the Vienna-Split flight. And if you are late for this flight, you will be given the opportunity to get there on another nearby flight, in which there are empty seats.
Important! Regarding compensation: you are entitled to it only if you arrived at your destination with a delay of 3 hours (or more).
If you purchased two separate tickets, that is, one - Helsinki-Vienna; and the second - Vienna-Split, then in case of being late for the second flight, the carrier does not bear any responsibility. It's your problems.
In custody
In theory, this is so. As will be in practice, we do not know. But, I’m sure that if you stick to our recommendations and persevere, then you will succeed.
And one more tip: going on a trip, it will not be superfluous to read reviews about carriers.
