Lost rest day due to flight delay. What to do if a charter flight is delayed. Ator: this is not a crisis, but a mess

Who among us has not flown at least once by plane to another country or city? Surely many. And some are faced with the fact that the departure of the plane is delayed. So what to do in such situations?

I offer you excerpts from paragraph 99 of the Federal Aviation Regulations "General rules for the air transportation of passengers, baggage, cargo and requirements for servicing passengers, consignors, consignees" (approved by Order of the Ministry of Transport of Russia dated June 28, 2007 No. 82).

Your flight is canceled or delayed

First of all, the airline must organize luggage storage and provide a mother-and-child room for a passenger with a child under the age of seven.
If the flight is delayed for more than two hours, then soft drinks should be provided, and you should be given the opportunity to make two calls or send two e-mails.
When waiting for more than four hours - providing hot meals (and then every six hours during the day, and every eight hours - at night).
There are cases when the flight is delayed for more than six hours at night, in which case you must be accommodated in a hotel and transported to the hotel, you must also be accommodated if the flight is delayed for more than 8 hours during the daytime.
The airline is obliged to do all this at its own expense, i.e. completely free for you. And regardless of the reasons for the flight delay.

If the reason for the delay is not force majeure, then the airline is obliged to pay you compensation in the amount of 3% of the cost of the ticket for each hour of waiting as compensation for being late (according to the Law on the Protection of Consumer Rights, article 28, paragraph 5), as well as 0.25 minimum wage for each hour of waiting as a fine (according to Article 120 of the Air Code of the Russian Federation). But no more than 50% of the ticket price. Usually, large airlines comply with these legal requirements, but it is not uncommon for these rules to be ignored by carriers.

What to do if your rights are not fulfilled?

You can dine on your own and present the bill for the lunch to the airline, and they will be obliged to pay for it.

You need to go to the check-in desk and get a certificate indicating the flight delay time, or put a special stamp on the ticket. By this you documented confirm flight delay. And further down the list: two hours have passed - drinks, four - hot lunch. At the same time, be sure to keep all receipts and invoices for these services.

After that, you must write an application to the airline with a request to reimburse all expenses and pay compensation for the delay. All checks, a certificate of flight delay and the ticket itself must be attached to the application. Usually, airlines do not bring the case to court, because. for them, this is a losing business and reimburse all the passenger's expenses associated with the flight delay. If there was no force majeure, then there will be no problems with compensation. But if there is no answer, feel free to go to court. All these rules apply to both regular and charter flights.

I wish you pleasant travels and flights without delays

Questions and answers on the topic "What to do if your flight is delayed or canceled"

  1. Vadim (27.10.2009):

    What should I do if my flight was postponed to a later time (before 10 o'clock) and I missed the train, tickets were bought in advance and I did not have time to return them, because was in another country.

  2. Eugene (12/10/2009):

    Hello! Tell me, this is the situation! I bought tickets Tyumen-Krasnodar, also Krasnodar-Tyumen a month before departure. After 3 days, the airline called me and said that the flight back was canceled. They offer to come and return the ticket. The problem is that no one else makes direct flights back, except for this airline. They offer to fly on a connecting flight through Moscow, but tickets cost almost 3,000 rubles more. and in Moscow I will have to move from airport to airport and wait about 15 hours. What can be done in such a situation? (most likely, if I had known, I would not have bought tickets at all)

  3. Valentina (04/05/2010):

    Hello. On September 12, Siberia Airlines delayed the departure of a flight to Moscow Domodedovo Airport for 13 hours due to technical reasons, a mark was put on the tickets. Missed the flight from Domodedovo to Frankfurt, Lufthansa. The representative of Siberia Airlines did not take proper measures to help with the rescheduling of the flight and had to buy new tickets at a higher price, the old ones disappeared. The airline persuaded them to buy and promised that they would compensate us for the losses, but our written claim was denied. We're going to sue. We are preparing documents. What are our chances? Sincerely.

  4. Ilya (25.04.2010):

    Hello!

    Bought round trip tickets. Departure during the day.

    At the airport, I find out that the flight has been canceled and they offer to fly tomorrow at the same time. I was ready to fly with other airlines, but there are no flights ...

    The ticket was electronic. The cashier returned the money to me. 1350 rub. Fully. I requested that my itinerary receipt be marked as canceled. Done. With seal and signature.

    Can I claim compensation for the cost of concert tickets? A ticket to the concert cost 7,000 rubles.

    Airline "Avianova".

  5. Igor (28.04.2010):

    If, in the event of a flight delay or cancellation due to the fault of the airline, in order to be in time for the event, I have to buy more expensive tickets from another airline, can I, in accordance with article 28 of the consumer protection law, claim compensation from the first airline for the difference in the cost of tickets?

  6. Igor (05/11/2010):

    And what is considered a cancellation, and what is a flight delay. For example, they announced to me at the airport that my flight was postponed for a day (2.3 weeks, a month ...) - is it a postponement or actually a flight cancellation?

  7. Valentine (05/12/2010):

    The old board, which has almost taken off the resource, will naturally often break down. The airline is in no hurry to replace the board until the last, as you can still squeeze money out of it. And all breakdowns are called a delay for a technical reason. Allegedly worried about the lives of passengers. Maybe it’s better to buy a new board that won’t break down often, this will be a concern for passengers, and not twist our brains, hiding behind the instructions that they themselves came up with for themselves.


  8. Greetings. As I understand it, if the flight is delayed and I don’t have time for the train, then I myself will buy a new ticket for myself, and only then demand compensation. and another question, is it possible in such a situation (with a flight delay and with the necessary mark on the ticket) to exchange tickets issued on “DEMAND” (VPD)? thank you in advance.

  9. Oksana Nagovitsyna (23.07.2010):

    the question is still ripe ... it’s not entirely clear about charter flights ... what rights do passengers of such flights have, for the most part the answer is the same - “it’s your own fault that you bought a ticket for a charter, having bought a ticket you agreed with all the circumstances ... » so they answer in case of a flight delay and its early departure. what to do?

  10. Alexander (08/05/2010):

    Hello!

    Through the company "On Board" in Moscow, in 2 months I purchased tickets for the whole family for a flight from Turkey to Moscow by Turkish Airlines for August 28. Already being in Turkey checked e-mail. On Board reported that our flight had been cancelled. They offered to return the money or fly another flight 29 with a transfer in Istanbul with a daily wait. Refusing to return home is unrealistic, buying new 5 tickets at the height of the season will cost 2 times more (if any). Turkish agents and representatives of the Turkish airlines in Dalaman stated that this issue can only be resolved by the agent who sold us the tickets, i.e. by On Board. And the company "On Board" does not respond to my e-mail message.

    What to do and what can you count on?

  11. Inna (08/08/2010):

    Hello! an electronic ticket Ufa-Moscow-Syktyvkar was issued. Departure from Ufa was delayed due to fires in Moscow. Naturally, they were late for the connecting flight in Moscow, and even landed at another airport. The representative office did not take any measures, there was a refusal - you should not have been here, this is not our flight. No water, no food, a child was flying for 8 months, they were also refused to receive a room for the mother and child. They refused to return the tickets, because we had already completed part of the journey. There was no other way to get a train ticket. marked the delay. tell in Syktyvkar we have any chances to return the cost of the ticket and compensation

  12. Tatyana (29.08.2010):

    Hello! We bought vouchers for two with a young man at a travel agency. Departure from St. Petersburg on August 29 at 15.30. Arrival back to St. Petersburg on September 7th. We have electronic tickets in our hands. delayed by 8.5 hours. On the ticket, we lose day and night, for which, of course, everything was paid for. What should we do in this case in order to return the cost of this day and night, the lost vacation in Turkey due to the fault of the carrier.

  13. Olesya (09/05/2010):

    Hello!

    Electronic ticket Moscow (S7) - Kiev (A9) - Tbilisi and back. It took 5 hours to join, then A9 rescheduled the flight and the connection was 9 hours (at the same time, the departure was in the morning, but it became at night, while I am flying with a 2-year-old daughter and should not sleep at night, and in Kiev there is no room for mother and child (!)

    S7 disclaims responsibility, because the departure time was changed by A9. But I bought tickets from S7 and they also received the money, and A9 motivating this does nothing. What are my actions?

    At the same time, at the time of purchase, there was no direct flight, but at the moment both companies have it. Thank you.

    Olga Stupnitskaya
    answers (09/07/2010):

    Olesya, good afternoon!

    You have connections from different airlines, so in this case, the companies are unlikely to reimburse anything. But you try to sue A9, maybe the judge will take your side and oblige the airline to return your money for the flight. But in fact, the chances, unfortunately, are not great.

  14. *Victoria* (09/08/2010):

    We also had connecting tickets. Anapa-Moscow-Blagoveshchensk. From Anapa, the plane was delayed for 7 hours and we didn’t make it to the Moscow plane. The airlines were different (Anapa-Kuban air lines, Moscow-Yakutsk) So who to sue? Whom to ask?

  15. Alexey (11/15/2010):

    Good afternoon

    2 months before departure, tickets (return) were purchased, for a certain number ... 6 days before departure, the airline warned about the cancellation of the flight and offered to fly on another airline in which tickets are more expensive ...

    The difference in tickets was originally paid by the airline, but after returning I had to pay it off!

    What can be done in this regard, since the difference is significant

  16. Danila (11/15/2010):

    Hello!

    Bought a tour package to Thailand. Date 16.11. -25.11. Departure to their Khabarovsk.

    I bought tickets to Khabrovsk on November 15, the flight was postponed to 16 due to weather conditions, i.e. I missed the flight from Khabarovsk to Bangkog. The tour operator refuses to refund the cost of the tour package, is there any chance of a refund? Thank you.

  17. Julia (12/14/2010):

    Hello! Flight 29222 from Rimini to Moscow should be on 12/11/10 at 5:50 pm, Orenburg Airlines, in fact, we flew on 12/12/10 at 12:30 pm by another Tatarstan airline. I want to receive compensation for the flight delay. Which airline should I apply for?

  18. Elena (27.12.2010):

    My brother bought a ticket at a travel agency, today he will spend the third night at the airport (the flight is postponed for an indefinite time due to snowfall). He calls and asks: what to do? There is no point in flying anymore. Firstly, there is nothing left for rest. Secondly, it is not a fact that they will fly out tomorrow. Can he cancel the trip in this case and get his money back? Thank you.

  19. Svetlana (29.12.2010):

    Olga, good afternoon. The day before the famous events, we bought tickets to Egypt, departure on January 6, 2011. We fly with Aeroflot from Sheremetyevo-2.

    What do you think is the best way for us to proceed? Hoping for better weather conditions or is it better to cancel tickets? If we surrender, what do we lose? Who will pay the cost of the tour and the cost of the ticket? Who to contact with this question? Thank you.

  20. Natalia (29.12.2010):

    Good evening. I purchased a tour package Moscow-Rome-Milan-Moscow from 291210 to 050111. Departure by Aeroflot flight, flight canceled. Is Aeroflot or the tour operator obliged to resolve the issue with the departure of compensation. If I buy a ticket for a flight of another airline, will I be compensated for the losses and by whom? Can I buy a ticket to another city in Italy that is available? Let's say Milan and expect to be compensated by a hotel in Rome for the days used?

    Thank you very much in advance

  21. Olga (30.12.2010):

    Good afternoon On 12/28/2010 at 6:55 am I was to take an Aeroflot flight from Krasnoyarsk to Moscow. There I had to take the train at 15.42 and then go on a bus tour of Europe. The flight was delayed for a day, the group left without me, the ticket was lost. Who in this case should reimburse me for the ticket? The tour operator refers to its charter where, if the tour is canceled on the day of departure, it reimburses no more than 5% of the cost.

  22. Olga (11.01.2011):

    Hello. 27.12.10. My brother was supposed to fly with Siberia Airlines from Moscow to Kemerovo at 23:40.......... Instead, he flew out only the next morning at 11:00. No food, no hotel They were not provided. Unfortunately, he lost his ticket. Now the electronic tickets, can you somehow restore it? What can be done in such a situation. And where to contact. Thank you.

  23. Nikolay (14.01.2011):

    Hello!

    On 12/26/2010, I was scheduled to fly to Eilat on 12.15 flights SU501.

    I lost 1.5 days of my expensive tour.

    Aeroflot offers for this, indicated on the website, some mythical vouchers.

    In fact, I would like to receive not vouchers, but real compensation for the 1.5 days of my rest and moral damage lost due to the fault of Aeroflot (the absence of an ice maker can in no way be considered force majeure).

    Can I count on it or not?

    Please reply to my email address.

    Thank you in advance for your response.

  24. Lesik (01/14/2011):

    Hello Olga.

    My husband and I were supposed to fly on December 26, 2010 at 10:30 a.m. on an Orenburg Airlines flight to Turin. In fact, the flight took place on December 28, 2010 at about 15:00. During our stay at the Domodedovo airport, we were not offered a hotel, hot food, or a hotel, besides, the airline representatives refused to communicate with us at all. As a result, our stay in Italy was reduced by 2 days.

    Air tickets were paid for by the travel agency, we paid the travel agency for the entire tour, without allocating the cost of a / tickets.

    In this case, to whom should we file a claim: a travel agency (with whom I have an agreement) or a carrier (I have air tickets on hand, but they do not indicate the cost)?

    And can we count on compensation for two lost days or only on penalties in the amount of 25 rubles for each hour of flight delay?

    Thanks in advance for your reply.

  25. Alina (25.01.2011):

    Hello.

    Bought two different tickets and different airlines. Last Sunday there was a heavy snowfall and flight 1 was delayed so that it was impossible to catch flight 2. We are very afraid of this situation, because We have a flight in 1.5 weeks. How should one behave in such cases?

  26. Elena (02/08/2011):

    Hello! I had a paid Krasnodar-Larnaca ticket from January 30 to February 10. But due to the cancellation of the flight on February 10, I was asked to fly either on February 6 or February 13. I had to fly out on 6, not having time to do all the things I flew to Cyprus. (From February 11 to February 14, tickets to Moscow with another airline were already paid for) I lost half of the days planned in Cyprus. Can I demand from the airline a re-flight at their expense, since my trip was in vain. Thank you.

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Another story about a long flight delay was considered by the world court of Samara last autumn. The tourist sued several defendants at once: a tour operator, an airline and a travel agency. Only one was found guilty of violating the rights of a tourist.

Minus 17 hours from vacation

On the eve of the new year, December 23, 2011, a resident of Samara Bessonova G.A. purchased a ticket to Pattaya for two at the Green Line travel agency for 63,700 rubles with a departure on January 23 and a return on February 3, 2012.

But her rest time was shortened in an unforeseen and unpleasant way. The flight from Samara to Pattaya, scheduled for the evening of January 23, was first rescheduled for the morning of the next day, then for the middle of the day, and in the end took place only at 16:00. The total delay was 17 hours and 15 minutes and resulted in the loss of a rest day.

The customer releases the carrier from claims

Upon returning from a trip on February 6, Bessonova G.A. contacted the tour operator. Referring to the norms of the current legislation, namely Art. 151 of the Civil Code and Art. 15 of the Law "On Protection of Consumer Rights", she demanded a refund of 50% of the cost of the flight and 10,000 rubles for unused vacation time. Anex Tour partially recognized the claim and offered to reimburse the price of one estimated day of stay at the hotel - only 1085 rubles. On the issues of transferring the departure time, I forwarded it to the carrier.

Then, on February 27, the tourist wrote a claim to UTair to pay a fine for many hours of flight delay. She was told that, according to clause 5.3. of the agreement between UTair Aviation and the tour operator Anex Tour, the customer releases the carrier from all claims from passengers, and also assumes possible expenses “for damages incurred as a result of the customer’s failure to fulfill the specified circumstances”.

On April 14, Bessonova re-applied to the tour operator with a claim, attaching a response from UTair to it. In the letter, she noted that the actions of the defendant caused her moral harm, the expectation of departure led to nervous stress, the day of vacation was gone. In addition, according to the tourist, paragraph 99 of the Federal Aviation Rules and paragraph 4, paragraph 2 of Article 106 of the Air Code were violated - the passengers of the delayed flight were not provided with soft drinks, hot meals; there was no information about the reason for the flight delay.

But Anex Tour again refused her a refund.

Therefore, G.A. Bessonova went to the court district at her place of residence and filed a lawsuit against the tour operator Anex Tour, the carrier UTair Aviation Company and the travel agency LLC Green Line Samara. In it, she asked the court to recover from the airline 9,900 rubles (this is 50% of the carriage fee) a fine for delaying the departure of the aircraft by 17 hours for two passengers. And from the tour operator - 1,085 rubles. hotel accommodation prices for 1 day, missing due to flight delay, moral damage in the amount of 10,000 rubles. and a penalty for refusing to comply with the claims on a voluntary basis in the amount of 10,000 rubles.

The tour operator denied

The defendants "Anex Tour" and "UTair" did not appear at the hearing, asked the court to consider the case in their absence, provided written objections. No one arrived from the travel agency for the process either.

The court found that under the agreement concluded by Bessonova with the Green Line agency, the tour operator for the tour is Anex Tour, and the duties of the travel agent include providing services to the tourist in accordance with the terms of the agreement, the safety of the documents accepted for execution and confidentiality; that the plaintiff timely paid for the ticket and provided the necessary documents for its registration.

According to the electronic tickets available in the case file, the departure of the passengers of the Anex Tour tour operator to Pattaya was scheduled for 22:45 on January 23, and subsequently delayed until 16:00, which is confirmed by the signature of the airline representative. The court regarded this as an untimely provision of transportation services - the flight was made after 17 hours and 15 minutes from the time indicated on the ticket.

The tour operator did not deny this fact and did not provide evidence to the contrary.

Summary in numbers

The court found fair and subject to satisfaction the plaintiff's claim to recover from the carrier a penalty for delay in the amount of 50% of the freight charge, in accordance with Art. 120 of the Air Code. However, taking into account the fact that the tour operator responsible for the provision of all travel services included in the package is Anex Tour, besides, under the contract, it releases the carrier from claims of third parties, it was decided to collect this fine from Anex. 50% of the freight charge amounted to 9,900 rubles.

Next, the court considered the issue of forfeiture. He noted that the plaintiff twice applied to the tour operator with demands for a refund of 50% of the cost of the flight and compensation for non-pecuniary damage, but so far her demands have not been met. Bessonova provided the court with a calculation of the penalty, its amount amounted to 37,125 rubles. But the tourist considered it “possible to reduce it, taking into account the requirements of reasonableness” to 10,000 rubles. The court also decided to recover this amount from Anex Tour - since the consumer's claims for the return of 50% of the cost of the flight and for compensation for moral damage were not satisfied within the time limits established by law and in accordance with Art. 28 of the Law "On Protection of Consumer Rights".

Since the court established the fact of violation of the rights of the consumer, then the requirement for compensation for non-pecuniary damage caused by the guilty person, i.e. tour operator, he decided to satisfy. As regards the amount of compensation, the court considered a reasonable and fair sum of 2,000 rubles.

Bessonova's claim for compensation for unused nights at the hotel in the amount of 1,085 rubles is also legal: the tourist arrived in Pattaya not on January 24, as planned, but at 00:40 on January 25, and then not at the hotel, but only at the airport. But he did not award a penalty for the delay of this particular requirement to the tour operator, because. compensation was offered to the tourist, but she did not use it.

Well, to summarize in numbers, the court estimated the 17-hour flight delay at 32,985 rubles - more than half the price of the tour.

For a long time, flights by plane have become part of everyday life. Traveling by air is more convenient, takes less time, and of course, takes less effort. In the shortest possible time, you can be anywhere in the world. No other mode of transport is able to offer such a speed. And if you plan your trip correctly, having previously found out all the nuances, then the cost of a plane ticket can be very pleasant.

With each new day, more and more people give their preference to air transport. And this is not surprising, because the positive aspects of this method of movement are visible to the naked eye. The number of airline customers is growing rapidly every day. During all this time, a certain part of the people were able to experience such a problem as a flight delay. She is no longer surprised. An airplane is a complex mechanism, and in order to lift this machine into the air, it is necessary to agree on a number of facts. Any mistake or even the smallest malfunction leads to the flight delay problem.

The most common reasons for flight delays will be described below. There are quite a lot of similar situations, so they can be classified into separate groups.

Meteorological situation


There can be quite a few reasons for this. The weather is a very unpredictable thing, and even weather forecasters cannot always provide an accurate forecast. Due to such reasons, the flight may be delayed, or the vessel may have to be treated with special means before departure. The use of such funds also requires time.

Very often a situation arises that one airline delays a flight until the weather stabilizes, while the other calmly continues to transport passengers. Some do not understand the reasons for such behavior, others are trying to find what is the personal benefit for the company. In fact, the explanation is more than simple, each company has its own air machines, which differ in model and configuration. Each aircraft has its own temperature threshold and operating conditions. Therefore, all recommendations are clearly implemented, and the company tries to take care of its passengers as much as possible.

Identified malfunctions of the airliner

The aircraft is quite a complex mechanism, in the work of which even the most insignificant trifles are of great importance. Before takeoff, the ship is checked in all respects. Identification of minor breakdowns is eliminated on the spot, it is natural that these types of work also require time. If the failure is more serious, the aircraft is taken off the flight and a replacement is sought. Such situations are rare and are included in the list of emergencies. But all the same, passengers will be delivered to the desired destination.

Most airlines really don't like it when situations like this come up. After all, such delays always leave their mark on the reputation. In most cases, the delay is due to minor repairs. Having learned about the malfunctions of the aircraft, any passenger can panic, so the administration prefers to name other reasons for the flight delay.

Airliner late arrival

This is the most common reason for the airport administration. After all, it sounds harmless and does not cause much suspicion among passengers. Therefore, very often at airports you can hear just such a justification for delaying flights. But what is alarming is that in certain cases such a reason is not true.

Interruption of ground services

Flight delays may occur between arrival and departure. It is in connection with this that various kinds of problems can arise. The reasons for this delay are incalculable. In most cases, the human factor plays a role. This may be the delay of the attendants, prolonged cleaning in the aircraft cabin, or a long unloading of the luggage department.

In such situations, the flight delay does not last too long, the maximum it can take is about 30 minutes. Usually such a time does not cause much panic among passengers. Everything happens without nerves, and the reasons are quite reasonable. In the event of more serious situations, when the flight departure is delayed due to disruption of ground services for more than two hours, then each passenger has the right to demand a refund of part of the ticket price.

Passenger rights

If the flight is delayed, but the passengers did not hear the announcement justifying the delay, then the first thing to do is to contact the employee at the check-in desk. In most cases, the passenger does not receive a clear answer to the question posed. Most often, you can hear some common reasons that should not cause unnecessary excitement on the part of people. And this is logical, because any company values ​​​​its reputation.

Actions of citizens

No matter how the situation develops, a conscious passenger must make a special note on the flight delay on his ticket. It is this mark that will give grounds to demand a discount or even refund the money for the ticket. It is this right that is guaranteed to every passenger in the event of a long flight delay.

Special rights of air passengers are noted in case of a flight delay from 30 minutes to 2 hours. The airport administration is obliged to provide free luggage storage, as well as to ensure free stay of women with children in a specially equipped room.

Rights in case of a flight delay from 2 to 4 hours guarantee the possibility for passengers to make two calls to anywhere in the world. These calls must be paid by the airline. Free distribution of cold or hot drinks is also guaranteed.

A flight delay of 4 to 6 hours provides for free distribution of food at intervals of 6-8 hours.

If the flight is delayed for more than 6 hours, the airline must provide passengers with a place to sleep. Naturally, this cannot be a waiting room. The company is obliged to pay the hotel and all transportation costs.

Compensation

Be that as it may, in any case, the delay in departure is the fault of the transport company, even if the cause was. Each passenger can reimburse part of the ticket price. The maximum part of compensation is 50%. But at the same time, the administration is obliged to pay all the cash costs of the passenger while waiting for the flight. It can be anything - paying for tickets for other modes of transport, paying for visits to various entertainment venues, paying a bill in a restaurant or cafe. The only caveat is that the passenger must provide all checks, otherwise the refund will not be made.

Special cases

If the passengers went on vacation, and the ticket is included in the total cost of the tour, then you can make a claim for payment for the missed vacation days. If the application is not submitted within 20 days, it will not be considered in the future. Sometimes a flight involves a transfer, which is performed by one airline. Naturally, the passenger will not be in time for the proposed second plane. Therefore, upon arrival, the administration must take care and place the passenger in another aircraft absolutely free of charge. Moreover, if a person was flying in economy class, and there are only seats in business class, then they must be placed in a higher-level department. If the situation happened exactly the opposite, then the company is obliged to pay the difference.

How should compensation be sought?

In this situation, you need to take care of the availability of evidence of a flight delay. The airport administration must request a certificate of aircraft delay. This paper must be stamped, justified reasons. A person while waiting for his flight can use any services. The main thing is to keep receipts, which will clearly show the time. You can go to a restaurant, rent a hotel room, and so on.

Such situations are resolved very quickly, because no carrier needs to create scandals. will affect future work, so it is desirable that the passenger be satisfied.

There are companies that may refuse to refund money. In such a situation, you can safely sue, attaching all the necessary documents to the case. To seek the return of money through the court is a laborious process, but in most cases the truth is always on the side of the victim.

In order not to get into, you must always have extra money with you. Indeed, in such unforeseen situations, they can be very much needed.

Actions in case of violation of the passenger's rights

This situation is very unpleasant, but leaving everything as it is is not an option. It is necessary to achieve justice and return the money spent. First you need to collect all the necessary package of documents, namely:

  • Air ticket directly. It must contain the necessary marks about the flight delay.
  • All checks and receipts for expenses that were needed due to the flight delay.
  • A clearly written letter stating all claims and requirements.

All collected documents must be enclosed in an envelope and sent to the main office of the company.

If within 30 days the passenger has not received a response from the airline, then you can safely file an application with the court. And after some time, justice will be restored.

The rules and regulations described in the article apply to all types of flights. Even if a charter flight is delayed, the rights of passengers remain the same. The carrier bears the same responsibility. The consumer should receive quality service in any case.


This year, air passengers had to be pretty nervous. Remember: in April there was a volcano. The Icelandic fire-breathing monster with the patter name Eyjafjallajokull paralyzed the sky over the whole of Europe for a week. There were also wild traffic jams along the Sheremetyevo road, strikes by air traffic controllers - Spanish, English and Greek ...

But towards the end of the year, the weather really bullies travelers. Before Catholic Christmas, hundreds of thousands of people were stuck at European airports: due to heavy snowfalls and ice, the airports of Paris, Brussels, Frankfurt, London and other European cities did not work.

On Sunday, December 26, the collapse happened at the airports of the Russian capital. Passengers who were supposed to fly from Domodedovo experienced the most problems: the largest air harbor in Moscow was left without electricity and stopped receiving and sending planes (the power was turned off due to the fact that icy wires broke). At least a hundred planes did not fly away in time. At least 60 flights were delayed at Sheremetyevo. Read more here.

Aeroexpresses ran intermittently to Domodedovo, which have always been a salvation from traffic jams.

But just this weekend, many Russians flew away for the New Year holidays - to resorts or to visit relatives. During the pre-holiday hype, airports are already working with increased load - only from the Moscow air hub for the New Year 1000 special charter flights are organized. And then the weather kicked in...

But even if the weather is perfect on Monday (read the forecast here), it will take time to restore the normal operation of the capital's airports. After all, it is necessary to send those flights that were supposed to fly on Sunday, and work according to the schedule. In such situations, regular flights have priority. If you are flying on a charter vacation, you are more likely to get stuck in the waiting room.

And just before the New Year, on December 30, weather forecasters promise a heavy snowfall ... In general, it’s worth getting ready for a “Christmas tree” vacation, armed with instructions in case of a weather force majeure.

1. Before leaving for the airport, check the information about the departure of your flight on the airport's online scoreboard. A scoreboard of all air harbors of the capital and many foreign cities is on the Komsomolskaya Pravda website. True, neither the airport's website nor the online scoreboard worked during the power outage at Domodedovo. But this still rarely happens.

2. Do everything to avoid traffic jams (I understand that in Moscow this sounds almost like a mockery, especially before the New Year, and even with ice and snow. But that's why it's important). Ride not by car, but by metro and Aeroexpress. Again, there are exceptions: in the summer there were cases when high-speed trains got stuck on the way to Sheremetyevo, on Sunday express trains went to Domodedovo with great delays. But in most cases, the railway is still more reliable.

3. Check in for the flight on the airline's website. This will give you some time to spare in case of a delay on your way to the airport. After all, to check in, you must be at the airport at least an hour and a half before departure. And if you have already printed your boarding pass, you have a chance to catch your plane even 40 minutes before departure.

We have collected typical situations that, alas, air passengers often face - both in Russia and abroad. Lawyers specializing in the truth in the field of tourism help with advice: Georgy Mokhov, director of the Persona Grata legal agency, and Anna Gladun, director of the Vizit legal consultation.

We missed our flight: we got stuck in a traffic jam, because of the snow there were no buses or something from this "opera" ...

Alas, you can’t write a claim to a traffic jam or snow, you can’t sue them. According to paragraph 80 of the Federal Aviation Rules, the passenger must arrive at the place of check-in of passengers and baggage, as well as at the place of boarding the aircraft no later than the time set by the carrier.

The delay will be considered as a voluntary refusal of the passenger of the aircraft from the flight later than 24 hours before departure. By law, in this case, you must return the money for the ticket. True, minus the fee, the amount of which cannot exceed 25% (according to Article 108 of the Air Code of the Russian Federation).

Refund requests must be made directly to the airline. At the airport, look for the counter of the carrier or its representative. To qualify for a refund, the flight cancellation must be in writing, otherwise it will turn out that you did not notify the airline of your refusal.

Flight delayed, you cuckoo in the lounge.

According to paragraph 99 of the Federal Aviation Rules "General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Servicing Passengers, Consignors, Consignees", the airline is obliged, at its own expense and regardless of the reasons for the flight delay, to organize luggage storage and provide a room for mother and child to passengers with children under the age of seven.

Waiting more than 2 hours - you should be given refreshments and given the opportunity to make two free phone calls or send two e-mails. And this is more useful than drinks - especially if you are sitting at a foreign airport, and a lot of money was said in roaming.

Late for 4 hours - a hot lunch or dinner. Usually fed in the airport cafe. If you get stuck longer, then you should feed every 6 hours during the day and every 8 hours at night.

Flight delay for 6 hours at night and 8 hours during the day - you must be placed in a hotel and taken to it, as well as back to the airport.

The rules are the same in any case - because of bad weather, the plane got stuck or because of a breakdown. Where to go for all this? to an airline representative. If you can't find it or are stuck at a small airport, contact the airport information desk.

If something from this list was not provided and the passenger had to receive these benefits with his own money, the airline will have to reimburse all expenses against a check.

In addition, the air carrier must pay a fine to each passenger in the amount of 25% of the minimum wage (in other words, 25 rubles) for each hour of delay, but not more than 50% of the ticket price (Article 120 of the Air Code). True, a fine cannot be recovered if the delay occurred due to force majeure, the elimination of an aircraft malfunction that threatens the life or health of passengers, or due to other circumstances beyond the control of the carrier.

They put me on a plane, but it does not take off: they roll around the field, or the liner just stands still. This often happens in difficult weather conditions, or when there is a "traffic jam" at the airport, or when the aircraft malfunctions.

It's the same flight delay. You must be provided with drinks and food, based on the same norms.

You are flying with a connection. The first flight was delayed, as a result, the second one was late.

At the airport of departure, you need to get a note on the ticket (printout of an electronic ticket) that your plane could not take off on time for such and such a reason, it was delayed for such and such a time.

At the transfer airport, contact the airline representative with a request to rebook the ticket for another flight. This is where you will need a mark on your ticket confirming your innocence of being late.

Usually the ticket is changed without delay. Moreover, most often both flights are operated by one airline or carriers that are members of one aviation alliance (there are three major alliances in the world: Sky Team - it includes Aeroflot, Star Alliance, One World).

But it may turn out that the nearest board is only tomorrow. The airline responsible for the delay should compensate for the cost of the hotel and meals. Collect checks, receipts, and other proof of expenses. And upon return, write a claim demanding compensation for losses caused by poor-quality performance of air transportation services.

If you are forced to buy a new ticket for your hard-earned money, then you will also have the right to demand its cost (together with penalties and compensation) from the airline whose flight was delayed. To do this, first submit a written claim for damages, and in case of refusal or if you have not received an answer within 10 days, you can go to court.

A day or two of rest was lost due to a flight delay.

As a rule, it is realistic to achieve compensation after the return. You can demand from the airline to compensate for the cost of services lost due to delay: nights in a hotel, meals, if it was paid for, excursions, etc. In a hotel, it makes no sense to demand money for a "missing" day, it has nothing to do with it.

Is the company to blame if the flight is delayed due to bad weather? It's all about the nuances: if, in addition to the bad weather, there were some punctures in the work of the aviators (for example, the aircraft was not de-iced in time) - then yes. And you can demand compensation from her for your expenses (for paying for a hotel while waiting for the next flight, a “missing” day of rest at a hotel, money for those days that you were not paid a salary, etc.). If the carrier acted flawlessly - no.

But! Hot meals, hotel accommodation and everything that is required for a long flight delay, the airline must provide in any case.

You have heard enough horrors about the transport collapse in Moscow and Europe, and decided to return the already purchased tour.

The question is, will you get your money back. In the case of the current bad weather - no. You can demand a 100% refund if the traveler can prove that there was a real threat to his life and health.

It is difficult to prove this in practice. A weighty argument for the court may be the conclusion of the Russian Foreign Ministry that during the start of the tour in the country or region there was an unfavorable or dangerous situation and Russians are not recommended to visit this country. The Ministry of Foreign Affairs rarely issues such documents.

The general rule for refunds for purchased tours is as follows: the tour operator must return everything to you, except for the expenses actually incurred by him. If there is, say, a week left before departure, these costs already account for a large part of the cost of the tour.

My family and I bought a tour to Turkey. But upon departure, we were kept for a flight for 12 hours, fed, taken to the hotel, no questions asked. But we arrived on vacation a day later, instead of the 30th on the 31st ... that is, the day paid for at the hotel was lost. Is there any chance of getting compensation?

What to expect?
In the question you write about the lost day. Abroad, hotel accommodation is considered not by day, but by night. The voucher says 8 nights, and you spent exactly 8 nights at the hotel, which means you will not be compensated for the day.
If the number of nights has decreased, you can claim to compensate you for the cost of the night you lost. The tour operator must provide prices: how much is the cost of a night's stay in a particular hotel. Compensation will be paid if the delay was the fault of the airline. If the plane did not take off on time due to weather conditions, a technical malfunction or any other circumstances that are beyond the control of the carrier, then material compensation is not due.

WHERE TO APPLY?
You need to contact the tour operator and the carrier for compensation. The tour operator is responsible for the actions of the service providers included in the tour.
However, the tour operator is not responsible for the actions of service providers, if there are special rules that directly provide for their responsibility. There are such norms: the Air Code and Aviation Regulations, which provide that in the event of a flight delay, the carrier is responsible for the harm caused to the passenger, regardless of whether it is a charter flight or a regular one, whether you bought it separately or as part of a voucher.

  • § Art. 9 of the Federal Law "On the basics of tourism activities"

The tour operator may refer to this, wanting to brush you off. Be mentally prepared for this. Write him a complaint. Request a commensurate price reduction and refund. Ideally, he should pay you the cost of a night in a hotel, and then collect it from the carrier. You have the right to file a claim within 20 days from the end of the contract, that is, the end of the trip. So hurry up.
Evidence of the delay must be attached to the claim: a copy of your tickets with a delay time stamp from the airline representative at the airport (the mark can be placed anywhere, including a special form). You also had to take a paper from the hotel stating that you really settled there not on the first day of the tour, but on the second (a copy of it is also attached). The application can be submitted in person or sent by registered mail, preferably with a full list of the attached documents.

If the result is negative, write a claim to the carrier. There is more time here.
You have the right to file a claim against the airline within a period equal to six months from the date of arrival at your destination. In your case, the period is calculated from the date of occurrence of the event that served as the basis for the complaint.

  • § From. 126 of the Air Code of the Russian Federation?

If the case goes to court, there will be two defendants: the tour operator and the carrier. You have the right to demand not only compensation for real damages, but also compensation for non-pecuniary damage. If your claims are satisfied, the court will recover from the perpetrators of your problems a fine of 50% of the amount awarded by the court in your favor. There is no need to pay state duty in cases related to the protection of consumer rights.