How to get compensation for a flight delay

22 June 2017, 12:36

Charter delays peak around summer time 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 having entered into an agreement for charter transportation, now they are 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 delay 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 the 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 that 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.

Sooner or later, every traveler faces such an unpleasant situation. Reliability of a modern system passenger air transportation very high, and yet, sometimes flights are canceled or seriously delayed.

What to do if your flight is cancelled? Most tourists do not know either their rights or the responsibilities of the airline, and generally have little idea what to do. They often panic, begin to quarrel with airline and airport employees, and generally spoil their trip experience more seriously than it should.

Let's figure out what to do if your flight was delayed or cancelled? Arm yourself with this knowledge, and you won’t have to surf the Internet in a panic right at the airport when faced with a similar problem.

Let's give some general advice. First of all, let's note the obvious fact: the information in this article may be out of date, some airlines may have special rules, and so on... which means the first thing you should do is contact its representative to receive written notification.

The airline itself is obliged to tell you about its responsibilities and your rights!

Also make sure you have a printed (route map). You print them out, right? No? And it should be - it is in such a situation that a paper version of the ticket can be very useful to you. After all, at such moments it may be difficult for airline employees to check your ticket in the system. This way you will save time and nerves.

Particularly prudent travelers in advance purchase separate insurance in case of flight delays or cancellations– this makes sense in case of a very important trip.

Reasons for flight delay

Flights may be postponed or delayed due to the fault of the airline, or for reasons beyond its control. As for the second case, we will consider it in detail below, but for now let’s talk about what the airline is obliged to do if it is the one to blame.

Firstly, in this case, the carrier, without any excuses, is obliged to provide you with absolutely everything that is listed below. Otherwise, some requirements, in principle, may not be met (but this does not mean that the company is not at all obliged to satisfy them).

Secondly, if a flight is delayed or canceled due to the fault of the airline, you have the right, among other things, to additional monetary compensation. Its size can vary depending on a number of conditions, but the amounts are quite significant - amounting to hundreds of euros in any case.

True, unfortunately, such compensation often has to be demanded through the courts - airlines strive to prove that the problem was not their fault.

This is exactly what we're talking about additional compensation: its payment does not at all relieve the airline of its obligation to satisfy your remaining requirements. You are entitled to compensation even if you purchased a ticket using loyalty program points without paying real money for it.

If the class of transportation provided to you as a replacement for a canceled flight is lower than what you originally paid for, then, again, compensation is due for this.

Often, airlines, on the contrary, upgrade your flight class without additional payment on your part, in order to compensate for your negative impressions.

What is the airline obliged to provide in the event of a flight delay?

First of all, the airline is obliged in any case return your money, or, at your request, change the flight to another– and this could be a flight of another carrier. This opportunity depends on agreements between companies: most of them are in alliances.
You have the right choose a time convenient for you replacement flight, but within reasonable limits: it is unlikely that your flight will be postponed, say, for a week.
It is also important to note that if, due to a flight cancellation, your flight chain is disrupted, then you are obliged to get money back on all your tickets, and not just for the flight that was delayed. But this rule applies if you did not purchase them separately .

What do you have the right to demand?

We owe you clearly explain the reasons for the delay, forced waiting time, and other details according to the situation. If the airline representative refuses to provide explanations, this is already a reason for further proceedings.
You are obliged free feed. The amount of this free food depends on the wait time, but you must claim it one way or another. This is the airline's concern. Also, do not forget to save any receipts regarding your expenses at the airport while waiting: it is quite possible that you will be able to return this money later. It is easier for serious airlines to compensate the client for moral damages in this way than to enter into lengthy proceedings in court.
The airline is obliged provide free communication: two self-paid phone calls, emails or faxes.
If due to a flight delay you have to spend the night at your current route point, you must arrange free accommodation. In this case, the carrier also pays for the transfer to the hotel.

Regarding the last point, an interesting question arises: what to do if a delay occurs during a transfer in a country into whose territory you cannot leave the airport due to lack of a visa? That's what we'll talk about in the next part.

Visa issue

In fact, this problem is being solved. There is such a thing as Emergency Visa– translated into Russian, “emergency visa”. It was invented precisely for such cases, and is issued for a period of one day.

The problem is that getting an “emergency visa” is very difficult: border guards issue it with great reluctance, and you need to convince them of the strict necessity of this. Travelers have to resort to various tricks, “pressing on pity,” or, for example, informing about the urgent need to purchase some medicine.

It’s not very good of us to give advice on deceiving border guards, but still, sometimes this is necessary.

Flight cancellation compensation in Russia

It's time to talk in more detail about what the amount of compensation should be in case of flight cancellation or delay. First, let's talk about the situation in Russia.

In the event that the delay or cancellation of the flight is not caused by force majeure, but is due to the fault of the company, for every hour of waiting you are entitled to 3% of the air ticket price. This is stated in the law “On Consumer Rights” - paragraph 5 of article 28.

Wherein only delay is compensated. If a flight is cancelled, you can only count on being provided with an alternative or a refund of the money spent.

Compensation in Europe

In Europe, you can only receive compensation for a flight delay if it exceeds three hours. Further, the amount of compensation depends not only on time, but also on distance.

If the delay is more than three hours: for a distance of up to 1500 kilometers - 250 euros (but 400 within the EU), up to 3500 kilometers - 400 euros.

If the direction point is outside the EU, and the delay is between three and four hours, your compensation should be 300 euros, more than four hours - 600 euros. The distance in both cases must be greater than 3500 kilometers.

Refund possible with a delay of more than five hours.

As for flight cancellations, you will receive compensation only if you find out about it 13 (or less) days before departure. Depending on the length of the flight and the conditions of the alternative flight offered by the company, the amount of compensation will vary from 125 to 600 euros.

Compensation in the USA

But overseas, things are not so rosy. The law does not provide not only compensation, but even refunds for tickets for delayed and canceled flights. Airlines are not obligated to provide you with food or communications.

However, it's not all bad. Although there are no legal requirements, many airlines in the US have internal regulations. Yes, and they will exchange tickets (albeit with an additional payment on your part if the new flight is more expensive).

The only exception by law is “overbooking,” that is, a situation when an airline has sold more tickets for a certain flight than there are physically available seats. Then compensation and return are possible.

Where to contact?

We talked a lot above about your rights and responsibilities as an airline, but where should you go to exercise them?

First, any claims should be present directly at the airport, to your airline's employees. If they are not available (for example, it happens at night), try using the official website.

But keep in mind that the email may be ignored. But the ordered one, with an inventory, a copy of which you will keep, no longer exists.

In Russia you have six months from the moment of the delayed or canceled flight to file a complaint. On the territory of the European Union - two years, in the UK - as much as six years.

! In order to prove that you are right, keep your air tickets with notes about flight delays or cancellations (or a certificate from airline employees will do). boarding pass

). Receipts showing your expenses due to the delay, and any evidence of inconveniences incurred (tickets, invitations, etc., unused due to the delay) will also be useful.

The airline has a month to consider the issue. If it is not resolved, go to court.

No airline can guarantee that any of its flights will not be delayed for one reason or another: after all, weather conditions are the same for everyone. Still, it is very important to understand the difference.

Large airlines value their customers and avoid scandals. It’s easier for them to pay for your inconvenience and appease you by any means than to receive negative reviews or legal action. Therefore, when buying a ticket for a flight with a serious company, you can be more or less sure that there will be no problems.

But little-known companies and various ones are not always as attentive to their passengers. And the chance of getting on your nerves with them in case of a flight delay is much higher.

In any case, you must be prepared to defend your rights. Even though they take their responsibilities seriously, carriers often still try to avoid fulfilling them. So it is possible that you will have to confidently demand respect for your rights, and not just wait until they offer you some kind of convenience and compensation.

And yet, we hope that all this information will never be useful to you! Still, flights are not canceled very often.

It is a rare airline passenger who has not experienced a flight delay. Unpleasant situations associated with long waits for a plane to take off are especially difficult to bear if the passenger is in a sterile area or is already on board the plane.

At the same time, not every traveler knows that he can receive monetary compensation for a delayed flight and a spoiled mood.

In what cases can you receive compensation?

Compensation can be paid if the airline itself admits guilt in causing the plane to be delayed or is found guilty by a court.

The airline is considered to be at fault in the following cases:

Overbooking. Statistics show that for almost every flight there are people who are late for check-in at the airport. To fill empty seats and prevent losses, many airlines sell more airline tickets than seats on the aircraft.

You can read in detail about overbooking in this FlyNow material. But we must admit that airlines' games with profits and losses should not affect passengers in any way.

Your flight has departed, but you don't have a seat on the plane? This is 99.9% overbooking!. If your flight is significantly delayed, you have the right to demand compensation.

If the flight crew is to blame for the flight delay, which turned out to be not ready for flight.

The reasons related to the crew may be very different, but they do not concern passengers. The airline must anticipate such situations and send the plane on schedule.

If the flight is canceled due to the fact that the carrier airline considered it economically unprofitable.

Such situations happen often. For example, a certain airline operates two flights a day on the route. But too few tickets have been sold for one of the morning flights and a decision is made: cancel one morning flight. The airline combines passengers on two flights, morning and evening, into one flight and sends them to Moscow on an evening plane.

Of course, this is a violation of passenger rights.

Economic and financial situation of the airline also should not affect the timely departure of the aircraft.

If it suddenly turns out that the airline cannot pay for fuel or for airport services, then what does the passengers have to do with it? They have already paid for their trip and are waiting for the paid service to be provided.

Any other cases, if the carrier cannot prove the presence of force majeure circumstances that influenced the delay or cancellation of the aircraft departure.

In what cases should you not expect to receive compensation?

Adverse weather conditions– a common cause of flight delays. And, although in some cases the decision to take off is made by the captain of the aircraft, the decision to delay a flight is related solely to the safety of passengers.

If the flight delay is due to eliminating technical malfunction airplane. This case is also related to the safety and health of passengers, and therefore does not fall into the list of conditions for receiving compensation.

If the flight delay is due to circumstances beyond the airline's control. For example, a strike by air traffic controllers or other airport employees.

Compensation is not provided in case of force majeure circumstances: threat of a terrorist attack, natural disaster, mass civil unrest, military action in the departure area or along the flight route.

Passenger rights in case of flight delay

Regardless of the reasons for the delay, the passenger has the right to receive the following services from the airline:

If there is a delay of more than 2 hours, you must be provided with refreshments;
If there is a delay of more than 4 hours, you should be fed a hot lunch;
If the delay is from 6 hours at night and from 8 hours during the day, you must be accommodated in a hotel for rest. The airline is also responsible for transporting passengers to and from the hotel.

If the airline does not provide these services to you, request them from the airline representative at the airport.

Amount of monetary compensation for flight delay

Compensation for flight delays consists of two components:

25% of the minimum wage (minimum wage) for each hour of delay, but not more than half the cost of a plane ticket;
3% of the air ticket price for each hour of delay.

Protection of the rights of passengers when flying across the territory of Russia is ensured by the following laws and acts:

Air Code of the Russian Federation (Law No. 60-FZ);
Order of the Ministry of Transport of the Russian Federation No. 82 “On approval of Federal Aviation Rules”;
Law on Consumer Protection";
Civil Code of the Russian Federation.

Attention! When flying abroad by Russian and foreign airlines, different rules apply for compensation for delayed flight departure!

How to get compensation for delay

The first thing you must do is to put a stamp on your itinerary receipt, which will officially confirm the delay.

Be sure to keep all receipts for meals in airport cafes and restaurants, receipts for luggage storage services, taxi fares and other expenses you incurred while waiting for your flight.

Then you need to submit a claim to the airline by writing a free-form email and indicating all the necessary data on the claim: departure date, flight number, delay time and other requirements.

Attach a scan of your itinerary receipt with a note about the delay to the letter; scans of receipts confirming your expenses at the airport; documents confirming your material and moral damage associated with the flight delay: tickets to a concert or other events, invitations or other events that you missed due to the fault of the airline. Be sure to save your sent letter on your computer.

You can also file a claim with the airline representative at your airport of arrival.

If the airline has agreed to pay you compensation, it may ask you to send the original application and other documents by registered mail. But don’t forget to make copies of these documents for yourself before doing so, just in case.

You can file a claim for flight delay and payment of compensation when flying within Russia within six months from the moment of flight delay or cancellation.

According to the Air Code of the Russian Federation, the airline is obliged to respond to your complaint within 30 days. If you have not received a response or the response to your claim does not satisfy you, file a claim in court. Attach the originals of your itinerary receipt and checks to your application, also attach a printout of the letter to the airline with your claim and the response from the airline representatives.

You need to understand that your expenses while waiting at the airport should be reasonable. Nobody will pay you expensive purchases at Duty Free or lunch at a chic restaurant.

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 airspace airport, 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

Are you flying charter or regular flight, a major air carrier, or - the rights of a passenger in case of a flight delay are the same.

It must be remembered that all issues during a flight delay must be resolved with airline representatives, 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 may 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: missed business meeting, being late for connecting flight another airline, 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 of the plane’s delay. 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!

Over the past five years, more than 300 thousand passengers have suffered from flight delays or cancellations. However, only 1% of victims received compensation. The point is not that the airline refuses to take responsibility, but that not all passengers are aware of what rights they have, how to obtain monetary compensation who to contact for help.

Few passengers have any idea how to get compensation for a delayed flight. Due to their legal illiteracy, many citizens lose not only time and nerve cells, but also money for the flight.

Let’s look at who is to blame and responsible for incidents of this kind, and most importantly, what to do in such an unpleasant situation in order.

First of all, the passenger has the right to find out what exactly happened and why he cannot board the flight. Passengers can find out all the information about the reasons and timing of flight delays at the airline counter. You can also ask for help on the carrier’s official website or call the airline’s hotline.

It should be remembered that the boarding pass is a valid contract between the carrier and the passenger. This is why you must always keep your boarding pass until your arrival point. If your flight is delayed, the ticket must be kept until compensation is paid. The ticket and any other material about the late departure (for example, you can photograph a board with information about the delay) will become irrefutable evidence in court.

It is important to know that all expenses after announcing a flight delay of 2 hours or more must be borne by the carrier (to the extent reasonable and necessary, otherwise you may lose the court case).

If there are problems with the flight, the passenger can expect compensation in the amount of 250-600 euros from European airlines and up to $1,300 from American airlines.

Where to contact

The airline takes responsibility for the flight of citizens, but only if the delay was due to its fault. Such cases may be:

breakdown, malfunction or repair of the aircraft;
unpreparedness of the crew (absence of personnel or its main part);
overbooking - a situation when the number of tickets sold exceeds the number seats on board (the company is obliged to pay compensation and transfer the passenger to another flight);
any “technical” reasons related to the work of the carrier;
situations in which the airline cannot prove the influence of external factors on the fulfillment of the terms of the contract of carriage of its customers.

After receiving all the necessary information (delay time, reason, possible solutions to the problem), the passenger must adhere to the selected instructions:

choose an alternative flight (the carrier is obliged to ensure that the passenger boards another flight without charging a fee);
rebook your flight for a convenient date;
receive a refund of the cost of the ticket (made upon application within a week).

Many passengers note that when overbooking, compensation is paid by European companies in cash directly at the check-in counter. Another option for solving overbooking is redirection to the next flight with a refund of the cost of the flight.

However, compensation is not provided for a number of reasons that are independent of the carrier's performance. These include:

bad weather making it difficult to fly;
hostilities;
strikes at the airport;
flight restrictions independent of the airline's actions.

Despite the listed reasons for refusal of compensation, there may be exceptions. Thus, in 2016, the French airline paid compensation for the strike of its employees (250-600 euros each).

As you can see, before seeking compensation, it is necessary to find out the reason for the delay. If the reason does not depend on the carrier, then you cannot count on compensation.

What can the airline offer?

The company will most likely meet halfway and try to solve the problem in as soon as possible. Few people are interested in lawsuits, complaints and loss of reputation. Therefore, the passenger, regardless of where he is “stuck,” has the right to demand a solution to his situation from the airline.

The air carrier, having announced the timing and reasons for the delay or cancellation of the flight, must provide at least two options to resolve the current situation:

Transfer the passenger to a convenient next flight. In this case, the company can offer the services of another carrier or build new route. New flight may be with or without a transfer, but the final destination must remain the same.
Refund of the full cost of one ticket. If a single ticket with a transfer was purchased, then it is paid in full, and if two tickets were purchased separately, then only part of the journey is paid (one ticket to the transfer point). For example, a traveler flies on a flight from St. Petersburg to Belgrade with a transfer in Amsterdam. If you originally bought a ticket from St. Petersburg to Belgrade, you will get a full refund. A traveler who decides to stop for a day in Amsterdam and purchases separate tickets St. Petersburg-Amsterdam and Amsterdam-Belgrade will receive a refund only for the first part of the journey, without departing from St. Petersburg. The second ticket is sold at general rules tariff. However, if the flight is canceled on the second leg of the route (to Amsterdam) and an alternative route is not provided, then the carrier reimburses the entire cost of the trip and returns the passenger to St. Petersburg at its own expense.

The airline's liability begins immediately after the flight information is announced.

What you must provide

Regardless of the location of the passenger and the reason for the delay, according to the rules of international transportation, the airline undertakes to provide free of charge:

when waiting 2-4 hours: drinks and cold snacks, the ability to make two calls and send two emails, admission to the mother and child room when traveling with minor children (under 7 years old);
when waiting 4-8 hours: vouchers or coupons for receiving a free hot lunch at airport catering points (in case of long delays, meals must be provided every 6 hours during the day and every 8 hours at night);
when waiting 8 hours or more: hotel room and free transfer to the airport and back.

More information about the company's obligations can be found in the Federal aviation regulations(paragraph 99). Free service for passengers is provided even in unfavorable weather conditions that cause late boarding. However, you will not be able to receive a refund.

Where to sleep

If a passenger waits for a day flight for more than 8 hours and a night landing for more than 6 hours, then the Russian air carrier takes its client to a hotel. In this case, the luggage remains stored at the airport, and the carrier is also responsible for this.

According to the rules, the company does not have the right to room strangers together, so if a passenger is flying alone, he can count on a separate room. If the conditions of the hotel and room are not suitable for the passenger, he may refuse to provide such a service and rent a hotel himself. With this option, the room is fully paid for by the carrier’s client, but if you keep all the receipts, you can get at least partial reimbursement of expenses through the court.

In this case, it is necessary to prove the inconsistency of the proposed conditions. Roughly speaking, the court must be convinced of the impossibility of living in toll free number. For example, the hotel had no heating in winter period- a good reason to look for a hotel according to your taste, and complaints about curtains of the wrong color will not be convincing to a judge. It should be remembered that an expensive room and a luxurious lunch in a hotel restaurant, even with receipts and evidence of forced accommodation in this particular hotel, are unlikely to be reimbursed by the airline even through court.

The court will fully satisfy the costs equivalent to the cost of the option proposed by the airline. The difference in room rates will most likely not be refunded to the passenger or will be paid in part. It is worth remembering that when staying at a hotel of your choice, transfer is not provided.

European carriers also provide meals and hotel room. In addition, if the plane is delayed by more than 5 hours, the airline is obliged to reimburse the cost of the ticket and return the passenger to the point of departure if other alternatives do not suit the client or cannot be implemented.

What can you count on

It is worth remembering that the amount and terms of compensation depend on the carrier country. It does not matter who the passengers themselves are - residents of Russia or Europe. A passenger remaining at the airport has no nationality for the carrier. The main thing is to fulfill your obligations and deliver the passenger to his destination or compensate for his failed flight.

If a citizen flies from Russia to Europe, then he should contact to the Russian carrier. The European side of the air carrier will be responsible for departures from Europe. This is an important point, since each country has its own rules on reimbursement of costs for a failed flight.

The amount of compensation is affected by the flight distance and delay time. What kind of compensation can be obtained in different parts of the world?

Europe

To return Money When a flight is canceled or delayed in the European Union, airlines use EU regulation 261/2004. According to this document, the injured passenger can receive up to 600 euros in compensation. The regulation applies to all domestic European flights, including Iceland, Switzerland, Norway, and international flights. A European company transporting goods from the United States or Asia is also subject to the regulation.

A passenger can receive compensation for damage after 3 hours of waiting, if it is impossible to board (for example, due to overbooking) or if the flight is canceled for technical reasons independent of external factors.

Depending on the distance, a passenger waiting more than 3 hours may receive compensation in the amount of:

250 euros – no more than 1.5 thousand km;
300 euros – over 3.5 thousand km for flights between EU and non-EU countries;
400 euros – 1.5-3.5 thousand km or over 1.5 thousand km when flying within Europe;
600 euros – more than 3.5 thousand km for flights between EU and non-EU countries with a wait of over 4 hours.

Compensation is also paid in case of early cancellation of flight. If the flight is canceled at least 14 days in advance, no compensation is due. If canceled 1-13 days before the scheduled flight, damages associated with the inconvenience of passengers are compensated. Payment is made depending on the distance and waiting time for the flight offered as an alternative.

The amount of compensation taking into account the distance and waiting for an alternative flight (offer made 7-13 days in advance) is:

125 euros: flight - up to 1.5 thousand km, delay - 2 hours;
250 euros: flight - up to 1.5 thousand km, delay - 2-4 hours;
200 euros: flight - 1.5-3.5 thousand km, delay - 2-3 hours;
400 euros: flight - 1.5-3.5 thousand km, delay - 3-4 hours;
300 euros: flight - from 3.5 thousand km, delay - 2-4 hours;
600 euros: flight - from 3.5 thousand km, delay - from 4 hours.

Waiting times are reduced if alternative flight options are provided 7 days or less in advance. In this case, 125 euros will be paid if the delay is 1 hour or more, and 400 euros if the delay is 3 or more. In any case, compensation of 600 euros is paid for being late by more than 4 hours.

USA

United States Airlines only provide refunds for overbooking. Other cases of compensation are not considered. Companies also undertake to provide passengers with drinks, food, communications, and a room for rest. However, each carrier has its own procedure for providing services.

American Airlines may be able to re-arrange the flight, but the difference in airfare is the responsibility of travelers.

If overbooking occurs, the company pays double the price of a one-way ticket. Reimbursement does not exceed $650 if the passenger lands in final destination destination 2 hours later than the original flight. If the delay is more than 2 hours, the amount of compensation may increase to $1,300.

Russia

Russian air carriers are ready to compensate for delays in domestic flights or international flight in the amount for each hour:

3% of the cost of the ticket penalty (Federal Law “On the Protection of Consumer Rights”, Article 28, paragraph 5);
25% of the minimum wages(VK RF, Art. 120), but not more than 50% of the ticket price.

The first payment is actual compensation, the second payment is regarded as a fine for the airline. At the same time, since July 2019, Aeroflot has doubled compensation for food (from 490 rubles to 1000).

There are no additional refunds for Russian airlines. However, the passenger has the right to demand a refund for the ticket or transfer to an alternative flight.

Asia

Air carrier rules and guarantees here vary greatly depending on the country. As a rule, they offer money back everywhere. The airline (for example, China Eastern Airlines) will provide all useful information, will provide the necessary assistance and provide meals if the flight is delayed due to the fault of the air carrier. If the flight is delayed due to weather conditions, then passengers must provide themselves with everything they need on their own.

If everything goes well, clients will receive an apology from the company, compensation for the hotel and benefits for subsequent flights.

More details about the behavior of passengers in situations of delays or cancellations of flights operated by airlines in different countries can be found on the Skyscanner portal.

The official side of the issue

It is important to submit an application for compensation on time and carry out the entire procedure correctly within the framework of the law and ethics. In many cases, obtaining compensation is easy. The main thing is to follow all the recommendations step by step and be patient. The whole process can take up to a year.

How to file a complaint

One of the main questions that worries all passengers who find themselves in an unpleasant situation with air travel is how exactly to get their money back. First, you need to submit an application to the air carrier’s office in accordance with the RF CC (Article 124, clause 4) or on the official website (for international companies, the application is written on English language). An example of a statement of claim against a Russian carrier can be found on the Rospotrebnadzor website. It is recommended to attach a coupon, receipts and other materials confirming the inconvenience experienced.

What exactly needs to be attached to the application:

tickets with notes indicating a flight delay (instead of tickets, you can present a corresponding certificate issued at the airport by an airline employee);
receipts, bills, checks with additional expenses(accommodation, food);
documents confirming the need for travel (medical referrals or doctor’s recommendations, invitations, voucher for payment for an event or excursion, tickets to a concert or festival, etc.).

Procedure for filing a complaint Russian airline must be carried out no later than 6 months from the date of delay or cancellation of flight. EU countries are given 2 years to do this, and the UK – 6 years, while the application can be considered within three months and more.

To prevent the application from drowning in the depths of the company, it is safer to send the application with all necessary documents(copies) by registered mail to the address of the carrier's main office. It is best to make an application in two copies (keep one for yourself, send the second), and also save information about sending the letter.

Involvement of the court

According to paragraph 1 of Art. 128 of the Civil Code of the Russian Federation, the air carrier’s lawyer must consider the application with complaints, make a decision and give a response within 30 days from the date of receipt of the application. If the airline refuses or there is no response after the specified period, the client has the right to sue the carrier in accordance with clause 1 of Art. 196 of the Civil Code of the Russian Federation. An application to the judicial authorities can be submitted within three years (the report starts from the day the flight was delayed).

If the matter comes to trial in court, the injured passenger is required to prepare and provide the following package of documents:

statement (claim);
a copy of the ticket or a certificate indicating that the flight was late;
receipts for hotel accommodation, long-distance calls, meals, etc.;
documents proving the financial or moral damage suffered by the passenger during a canceled or delayed flight (“burnt” tickets, vouchers, expired invitations, etc.);
a written claim sent with confirmation of the sending and receipt of the letter;
airline response (if received).

All passengers should remember that the court is the last resort and it is worth contacting the relevant authorities in case of acute injustice. Otherwise, you can lose the court case, wasting a lot of time, effort, and money. You should also not rush to benefit from the trial. It is possible that the case may turn against the plaintiff. The airline will meet halfway if the passenger behaves correctly, not wanting to receive more than what is required by the rules of the carrier itself. Only after weighing all the pros and cons should you turn to the judicial system.

When will the money be returned?

The refund period is not clearly established for Russian airlines. Each air carrier operates in accordance with its own internal rules and regulations. Typically, funds are returned to the affected passenger’s account within 2-3 months. In extreme cases, refunds may take six months.

European airlines transfer funds much faster. According to the regulations, money must be credited within 7 days from the date of flight delay or cancellation.

Passengers who have suffered from unsatisfactory performance by the air carrier should seek compensation within the framework established by law and the airline's internal rules. In most cases, the shipping company satisfies the requirements of its client. The largest compensation that was paid to Russian citizens by a European airline was 1,800 euros for a family of 3 people, 600 euros per person. The main thing to remember is that all requirements must be justified and fall under the general regulations.

For more information about the rights of passengers and financial compensation, watch the video:

It might be useful to read: