Due to various conditions, the flight for which the tourist purchased a ticket may be delayed. This fact often happens in practice, but not all passengers know that they have some rights in this situation. Let us consider in more detail some legal features that all participants of a delayed flight can use.
Probable Causes of Delays
Special attention should be paid to the reasons why, as a rule, there are voyage “hitch”. Practice shows that the most frequent circumstances that create problems for scheduled flights are suddenly detected malfunctions of the aircraft itself, a delay in another vessel, as well as adverse weather conditions. In addition to all this, some force majeure situations may also occur. Some air carriers establish a list of situations in which a ship simply should not rise into airspace.
It should be noted that if the flight is delayed due to a reason for which there is no fault of the airline owner, the tourist does not have the legal right to claim compensation in the form of tangible assets. However, in accordance with the rules, the air carrier in such a situation is obliged to provide all delayed passengers with such conditions in which their stay will be comfortable. Let us consider in more detail the basic rights of tourists with a flight delay.
Ticket return
In accordance with the rules on the basis of which aviation companies operate, any tourist who understands that the flight on the purchased ticket is delayed for a considerable time has the right to return the purchased document, which means the fact of termination of the contract concluded earlier with the carrier. A pretext can be any circumstance: the occurrence of an intention to return home, a flight on a transport provided by another airline operator, or refusal to participate in the process of waiting for the departure of the aircraft. In the process of making a refund, a ticket must be marked with evidence of this fact, and in some cases a special document is issued that indicates its return and the reason why the action occurred.
In addition to all of the above, the reasons for tourists to refuse to fly on a previously planned flight may be significant changes that were suddenly made to the route of the aircraft, as well as the flight time.
An infrequent reason for refusal is the actual lack of space in the cabin indicated on the ticket. Such circumstances also occur when airport employees conduct a lengthy search of a passenger, as a result of which he does not have time to go into the cabin. However, it should be noted that in this case, the traveler has the right to refund the ticket only when no weapons or any other substances prohibited for transportation were found during the inspection.
If the airline does not provide services of the level that is provided for by the category of a previously purchased flight ticket, the tourist also has the right to return it.
If a person who had previously planned a flight suddenly became ill or such a misfortune befell his close relative, the ticket can also be returned to the airline ticket office. However, in accordance with the rules of air transportation, this fact must be confirmed with the help of official documents (for example, medical certificates).
What to do to a tourist who finds out about the delay
At the moment when the tourist learns that the flight for which he previously purchased a ticket is delayed, he must immediately take the necessary measures. After announcing that the flight will be late, the traveler should immediately go to the check-in counter in order to require clarification of the situation. It must be understood that in the very first minutes, airport employees will not be sure about the true reasons for the change in flight time, however, the main goal of a tourist is to get an appropriate stamp on their ticket that confirms the postponement of the flight. It is this print that may later be needed to clarify disputes between the carrier and the passenger that arose on the basis of the fact of the delay.
The main obligations of airlines in case of flight delay
There is a small list of obligations that an airline must fulfill in the event that the flight is delayed for any reason.
Immediately after the announcement of the delay in the flight departure time, all those tourists who plan to fly in the company of young children under the age of 7 years have the right to go to the mother and child’s room, where all conditions for this group of passengers are provided to facilitate their comfortable pastime.
If the flight is delayed for an hour, the rights of passengers include ensuring the safety of tourists' baggage until the moment of departure. Ensuring this is also the responsibility of airline staff. This is done in order to provide passengers with the most comfortable waiting, not burdened by the process of monitoring their suitcases and their constant movement.
As for the remaining obligations of the carrier, their list is expanding depending on how long the flight delay is. It is worth considering in more detail. So, what are passengers entitled to when delaying a charter flight for a different period of time?
2 hours delay
With a two-hour delay in the Aeroflot flight, passenger rights include the requirement to make two calls in any direction. Moreover, in parallel with this opportunity, tourists have the right to send a couple of messages. It should be noted that these procedures are carried out exclusively at the expense of the carrier itself.
Tourists who are forced to stay at the airport due to the temporary cancellation of departure, the airline must provide drinks. All of them must be provided in a wide range and in large quantities.
5 hours delay
What rights do passengers have in case of a five-hour flight delay? It should be noted that along with all other features, they can take advantage of hot meals. All meals are provided exclusively by the carrier. Moreover, in accordance with the established rules, the choice of food should be as diverse as possible and designed for different taste preferences of travelers.
When resolving issues related to the hot feeding of tourists, it is the carrier's responsibility to pay special attention to baby food.
In the event that the flight is delayed for a period of more than 5 hours, the airline must provide its passengers with food every six hours throughout the day (and every 8 - at night to wait for departure).
Delay of 6 hours or more
Provided the flight is delayed for 6 hours, the passenger rights include some additional features directly related to accommodation. These primarily include housing. So, if an airplane flight is delayed for a specified period of time (or more), then every tourist who previously intended to fly this flight must be provided with a hotel room until the plane departs.In accordance with the rules established for all airlines, a lounge should be provided after 6 hours from the date of announcement of a delayed flight at night and 8 in the daytime.
Transportation of passengers to the place of rest and back to the airport should be carried out by cars or comfortable buses. Payment for the transfer is assigned directly to the aviation company.
Material compensation
In some cases, passengers are entitled to material compensation. However, the rules stipulate that it can only be paid if the delay was caused by the fault of the carrier itself. It should be noted that material compensation is provided in combination with actions representing the exercise of the remaining rights of air passengers in case of a flight delay. So, with a long delay in the moment of departure, the tourist has the right not only to hot meals, the provision of a hotel room, as well as free transportation to and from her, but also to material payment. What is its size?
In practice, there are two options for calculating the amount of payment of material compensation. The first of these involves a penalty calculated on the basis of the cost of an air ticket. For this, the amount equal to 3% of its total cost should be multiplied by the total number of hours during which the flight was delayed. As for the second calculation option, it is closely related to the size of the minimum wage in the region. To make the calculation, 25% of the established amount should be multiplied by the number of hours of delay.
Employees of aviation companies in their comments often note that it is by receiving the required compensation that the tourist has the opportunity to return an amount equal to about half the cost of the ticket. Moreover, some other compensation, which was discussed above, also relies on material payments. And in the event that the flight was still not completed, the tourist has the right to return the ticket in return for a refund of its full cost, and in addition to all other possibilities.
All specified amounts of compensation are valid only in the territory of the Russian Federation. It should be noted that in the EU countries the sizes of the amounts supposed for compensation of damage are larger.
About some features
With a long flight delay, the rights of passengers include accommodation in hotel rooms and hot meals, as well as a whole list of some other advantages. It should be noted that after the deadlines established by the rules, the tourist has every right to provide himself with all the benefits at the expense of the airline. To do this, it is enough for him personally to provide himself with all comfortable conditions, but having kept all the checks for paying for the services rendered - when they are provided, the carrier is obliged to reimburse all expenses, taking into account additional material compensations, if any. However, it should be noted that these actions are most justified when the air carrier refuses to fulfill its duties, since all compensation for receipts will need to be claimed in court.
In the event that, due to the long delay of the flight, tourists are offered a flight on another plane, as part of the connection, travelers should agree to this option. This is due to the fact that all the problems associated with providing passengers with seats in transport, as well as the organization of possible transfers, are assigned directly to the carrier itself. It should also be noted that if a tourist is granted a seat in a higher class than the one to which the ticket was previously purchased, the passenger will not be charged extra.However, what to do when a tourist whose previous ticket was purchased in business class was placed in economy? In this case, he should demand compensation in cash for the difference in value.
Compensation deadlines
In case of delayed flights, passenger rights include compensation. The rules established by airlines stipulate certain periods during which the injured party has the right to appeal to receive compensation. So, in accordance with them, the tourist has the right to submit his application for consideration within 6 months from the date of the fact in question. As for the responding party, it must consider the application within 30 days and make a decision on it.
Turning to the court for proceedings on the fact of compensation for the delayed flight departure, the tourist must provide certain documents. Their list directly depends on which particular issue is being considered. As practice shows, the mandatory documents for such appeals are checks and receipts on payments made for accommodation, meals and some other services, a passport and a ticket, which must be marked with a delayed departure of the aircraft.
If the charter flight is delayed, passenger rights include the possibility of requesting a separate certificate attesting to this fact. This document must also be attached to the overall package.
In any case, it should be understood that any litigation is a process that is laborious and morally stressful. Moreover, airlines, as a rule, have good lawyers - that is why the applicant needs to prepare in advance a solid documentary base that will confirm the veracity of his testimony.