Due to flight cancellation. What to do if your flight is cancelled: step-by-step instructions. What will the Montreal Convention change?

Canceling a flight isn't such a big deal. a rare occurrence, as it may seem at first glance. Just recently, two flights were canceled at once: Perm-Moscow and the return one. Moreover different airlines. S7 moved my morning flight an hour later, which was not suitable for my next connection to Europe. Transaero canceled the night flight and offered to fly 20 hours later. I didn't want to hang around the airport for an extra 20 hours. I requested a cancellation through the agency I purchased from. A couple of days later I got my money back minus the agency commission.

There are many reasons for cancellation. If the flight is canceled shortly before departure, it is likely that the fault was technical issues or weather conditions. However, the flight can be canceled several weeks before departure and even a month. We will tell you below in the article what to do in any of these cases.

The flight was canceled before departure

If the check-in board located opposite your flight lights up with the word “Canceled”, then first you need to contact an employee of the airline operating the flight. He is in ticket office airline, at the check-in counter at the airport; if it is not there, you should check with the airport staff.

He will give you options and then explain the plan of action ahead. However, if you want to return your ticket, you will need to contact the ticket seller from whom you purchased it.

The flight was canceled a couple of days, weeks, etc. before departure

In this case, you need to immediately contact the place where you purchased the ticket. Only the agent who issued the ticket can return or exchange the ticket. If the ticket was purchased from an airline, then you need to contact them; if you bought it from an agency, then directly to the agent. Most airlines are unable to exchange or refund tickets purchased through agents. Only the seller has the right to do this.

It is necessary to draw attention to the fact that, despite where the ticket was purchased, confirm forced return The airline will have to do this, but it does this very slowly. As a rule, you will need to wait up to 3 months for the money to arrive in your account. In extremely rare cases, this period can extend up to six months.

What should you expect if your flight is cancelled?

The airline, according to the rules, must offer the passenger a choice of the following options:

1. Alternative flight.

Typically, this carrier offers alternative routes, for example, a flight with a transfer on a different departure day or at a different time. Options are subject to availability.

It is worth paying attention to what to change final destination directions will be impossible. That is, if the Moscow-Washington flight is cancelled, it cannot be changed to Moscow-New York. If an alternative flight departs several hours after the original flight, the time between the new flight and the original flight is counted as a flight delay and you may be entitled to the same benefits as other passengers who experienced a flight delay.

2. Refund of the ticket price in full, that is, a forced refund.

In this case, there are some subtleties that need to be paid attention to. For example, if a flight with a transfer is purchased on one ticket (Moscow-Vienna-Berlin), then a refund can be received for full route. In case of 2 individual tickets— Moscow-Vienna and Vienna-Berlin, then compensation can only be received for a canceled flight, for example, Moscow-Vienna. Another Vienna-Berlin ticket will need to be returned according to the fare rules.

A similar situation will occur with return tickets; if you bought one ticket at a round trip fare, then the refund will be for both the outward flight and the return flight.

When purchasing 2 separate tickets, the refund will be for the actually canceled flight, for example, the outbound flight, the return ticket will need to be returned according to the fare rules.

If the flight is canceled halfway through the journey, then you have the opportunity to demand compensation for the part of the route that you already had to cover. For example, you are flying on a through ticket Moscow-Vienna-Berlin. Arriving in Vienna, you learn that the flight to Berlin has been cancelled. If you are not provided with an alternative flight, the carrier must provide a return ticket, as well as compensation for the Vienna-Berlin and Moscow-Vienna flights. But in this case, you will have to provide evidence that your trip is no longer relevant due to flight cancellations.

Are passengers provided with compensation due to flight cancellations?

In certain cases - Yes.

The EU airline has the following rules:

  1. Compensation is not due if the passenger is notified of cancellation two weeks or more before departure.
  2. If the cancellation is not reported 13 to 7 days before departure, provided that the flight is canceled due to the fault of the carrier and you are offered another route that allows you to depart no more than 2 hours earlier than scheduled and arrive less than 4 hours later at your final destination appointments.
  3. If you are notified of a flight cancellation less than 7 days before departure and you are offered an alternative route that allows you to depart no more than 1 hour earlier than scheduled and arrive less than 2 hours later at your final destination.

The compensation amount is as follows.

Not all tourists know what to do if their flight is cancelled. In the absence of an official appeal to airport employees, no one will offer compensation or other services prescribed in the code. Therefore, it is worth knowing what you can count on if your paid flight is delayed or completely cancelled.


Modern legislation tries to protect the interests of passengers as much as possible and give them more chances in disputes with airlines. And yet, people often do not know what exactly they are supposed to receive in certain cases. Therefore, we will describe the information in as much detail as possible.

Who is guilty?

There are different reasons why a flight may be cancelled. It is important to distinguish between those for which the carrier itself is to blame and force majeure that affected not only your plans, but also the airline’s work schedule. So, you can count on compensation and other bonuses only in the following cases:

  1. Incorrect flight schedule, inconsistencies.
  2. The plane's crew did not prepare the cabin in time.
  3. When overbooking, that is, when more tickets are sold than there are seats.
  4. If the owners of the company decide that this flight is not financially profitable.
  5. Other situations in which airport staff cannot provide a clear explanation as to why the flight is delayed.

But it also happens that there is no one to blame for the flight cancellation, and both parties suffer losses. You need to clearly understand in which cases you cannot demand any compensation or compensation from the airline:

  • if the flight is impossible due to the weather, for example, heavy rain or snow, blizzard, hail, etc.;
  • natural disasters (hurricane, earthquake, volcanic eruption);
  • martial law was declared in the country;
  • cases of terrorist attack;
  • upon termination or significant limitation of the amount of permissible cargo;
  • airport or airline staff strikes;
  • serious technical problems with the aircraft that threaten the lives of all passengers.

What can you expect?

If the flight is cancelled, then you need to contact the check-in desk and find out the reason. When a flight is canceled by an airline due to its fault, then there are several options for what you can claim:

  1. Refund of the ticket, its full cost or partial compensation for moral damage. There are many situations here that are different from each other.
  2. Offering an alternative to how to get to your destination - the services of another carrier, a flight at a different time or day, a changed route, for example, with transfers.

It is advisable for you to record any in an accessible way the very fact of flight cancellation or delay. To do this, make a note on the ticket at the check-in counter at the airport, receive the appropriate certificate, and you can take a photo electronic scoreboard, which indicates that the flight has been cancelled.

In this case, airline employees are obliged to immediately offer several options for an alternative route, change tickets for free, or you can apply for a return Money and payment of compensation. The exact rules by which this is done depend on the country where the flight was cancelled.

In Russia, the “General Rules of Air Transportation” and the “Air Code” apply in this regard. There are also differences in internal laws for each airline. More often budget companies indicate from the outset that they completely disclaim any responsibility for the disrupted flight. IN European countries The Montreal Convention and other local laws are in force, implying a more loyal attitude towards passengers.

So, if a flight is canceled while traveling within the Russian Federation, then the Air Code promises to return compensation in the amount of 25% of the minimum wage, but not more than half the cost of the ticket itself. For 2017, the minimum wage was 7,800 rubles. That is, your expectations may be quite modest.

If it was an international flight, then, according to the Montreal Convention, the carrier is obliged to pay compensation, which is calculated at the special borrowing rate (SDR). To date maximum size such payment is 380,000 rubles.

When purchasing tickets with a transfer, losses can be reimbursed for the entire route at once. But if you purchased separate sections independent of each other, then more often compensation is paid only for that part of the journey where the flight was cancelled. In Europe, the amount of payments may differ depending on how many days you were warned about this and the distance of the flight. More often the amount ranges from 100-600 euros.

In case of long flight delay

If you are already at the airport and your flight is delayed for some time, then, regardless of the reason for the circumstances, you have the right to count on some additional services:

  • When waiting for a plane for two hours, passengers are provided with drinks, but not alcoholic ones. You can also use the phone and make two calls lasting no more than five minutes or send two emails.
  • If you have to wait for your flight for more than 4 hours in a row due to a delay due to objective circumstances, then all passengers are required to be given a hot meal. And if you wait longer, it is served every 6-8 hours.
  • If the flight is delayed by 8 hours during the day or 6 hours at night, a hotel room is provided. And you have every right to demand a separate room so as not to live with strangers. In addition, the airline pays for transfer to the hotel and back.
  • When traveling with children under 7 years of age, the staff is required to open the mother and child room.

All these privileges are not given automatically. You will have to demand them and independently remind the airport staff of such responsibilities. Therefore, even before taking a flight, it is better to check all consumer protection laws and study the Air Code in order to know exactly what you can count on in various unforeseen situations.

Will the money be returned?

With the same delays in European countries, airlines promise to compensate for moral damages in the form of monetary compensation. Its dimensions differ depending on the travel distance and the duration of the flight delay:

  1. If you wait three hours or less at the airport for a plane, you will not receive any payments.
  2. But if this time lasts longer, and the flight is made at a distance of up to 1500 km, then the compensation is 250 euros.
  3. With more long-haul flight it increases to 400.
  4. A slightly smaller cash payment (300 euros) is issued to those who had a ticket in a direction of about 3500 km, and had to wait from 3 to 4 hours.
  5. If the delay occurs for 4 hours or longer, and the distance to the final destination is at least 3,500 km, then you can expect to pay a maximum amount of 600 euros.

There is a rule according to which if a flight is delayed for a long time by more than five hours, the airline is obliged to pay the full cost of the ticket.

It is important that the application for compensation is made in the exact country where the delay or cancellation of the flight occurred. It must be submitted as early as possible. Each airline has its own terms for processing such claims, and refunds are made within a week or a month from the date of application.

At the same time, write a statement and collect all documents confirming that you have suffered losses:

  • copies of tickets or boarding passes;
  • other papers proving that due to a flight cancellation you missed an important event (concert, competition);
  • hotel reservation, etc.

Along with this, you must provide copies of your passport, and you can also attach a photo of a board with information about the delay or cancellation of your flight to your application. It is important to submit your complaint in writing because an email or verbal conversation with airport officials is not considered a formal complaint.

Sometimes you have to prove your case through court. Although major international airlines try to refund the cost of tickets before a legal dispute, if you submit your claim within the stipulated time and provide all the evidence. In the case where air tickets were purchased through a travel agency, as well as in case of cancellation charter flight, you should expect compensation from your tour operator.

Special third-party services also deal with similar issues, for example, Refund.me and others. They help to file all claims in the required form and achieve payment. But they will require a fee for their services, which is usually about 25% of the amount paid. If compensation for losses cannot be achieved, then no payment is made.

Video: what to do if your plane is cancelled?

Overbooking

Quite often, a situation occurs when you cannot be boarded on a flight due to the sale of more tickets than expected. Airline employees assume this on the assumption that some passengers cancel the flight at the last minute. In this case, a person may arrive at the airport to check in and find that all the seats are already taken. What to do in this case?

Then they offer the following solutions to the problem:

  1. In the presence of free seats in business class you will be transferred to the best part of the cabin at no additional cost.
  2. They will offer to change the flight to a similar one.
  3. If it is impossible to complete the first and second actions, the airport employee is obliged to put a special note on the ticket with which you apply for compensation for losses.

To prevent such a situation, it is better to start checking in for your flight as soon as the opportunity opens. To do this, arrive at the airport in advance or use an online service with which you can complete this procedure without even leaving your home.

We'll tell you what you can and should demand from the airline if you find yourself in a situation where your flight is delayed or canceled in Russia, the EU, Turkey, or the USA.

When an airline is released from liability

It is necessary to immediately determine that the airline carrier is exempt from liability to passengers in the following cases (Civil Code of the Russian Federation, Art. 794):

  1. Natural disasters occurred (earthquakes, floods, fires, typhoons, etc.). Moreover, this rule applies to natural phenomena both at the point of departure and at the point of arrival.
  2. The conditions of public life have changed (military operations, epidemics), affecting flight safety.
  3. National or sectoral strikes began.
  4. On state level quarantine was declared or restrictions on transportation were introduced in certain directions.
  5. If the flight delay or cancellation is due to troubleshooting vehicle, which could threaten the life and health of passengers.

What to do if your flight is canceled or rescheduled

First of all, the airline, along with the flight cancellation message, must offer you an alternative flight, and it can be operated by either your original carrier or a third party, and the flight dates may differ from the date of your flight or involve a transfer.

In addition to an alternative flight, the airline may offer you a full refund of the cost of the air ticket due to an involuntary cancellation. Such rules are established by paragraph 227 of the order of the Ministry of Transport of the Russian Federation dated June 28, 2007 No. 82 “On approval of the Federal Aviation Rules “General Rules” air transport passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees” (hereinafter referred to as “Federal Aviation Rules”).

Remember: If you purchased one ticket for a connecting flight, you can expect a refund for the entire route. If there were two tickets, and only the first flight was cancelled/replaced, you will only be able to refund the amount for the canceled flight. The ticket for the second flight will have to be returned according to the fare. If the cancellation or replacement affected the second part of the flight, and the airline did not provide alternative options, the carrier is obliged to return your money for specified ticket and provide free return to Russia.

As for round-trip tickets, you can get a full refund if you cancel/change a flight only if they were purchased at the same time (both tickets on the same form).

You can also request a refund for your ticket in cases where you are not satisfied with the alternative flight option offered by the air carrier.

What to do if you learned about the schedule change at the airport

This situation is uncomfortable for all passengers, but especially for parents with children. The first thing you need to do in this case is not to panic and contact the air carrier employees to clarify:

  • why and how much your flight will be delayed (paragraphs 73-74 of the Federal Aviation Regulations);
  • Is it possible to provide you with an alternative flight?

If you are offered an alternative, you need to decide quickly, as this option will be offered to all passengers who were going to board your flight. If you agree to wait for the next flight, you will be able to take advantage of all the benefits that passengers have when their flight is delayed.

It is also necessary to obtain from a representative of the air carrier a document or a note on your ticket about the cancellation/delay of the flight (clause 228 of the Federal Aviation Rules).

Compensation for flight delays for flights within the Russian Federation

If your flight is cancelled/delayed, you have the right to claim compensation, if the airline cannot prove its non-involvement in this event.

In accordance with the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” (clause 5 of Article 28), if the airline is at fault for canceling/delaying a flight, you have the right to demand payment of 3% of the cost of the air ticket for each hour, and according to the Air Code of the Russian Federation (Article 120 of the Air Code of the Russian Federation) - 25% of the minimum wage for each hour of delay, but not more than 50% of the ticket price.

In addition, according to the same law “On the Protection of Consumer Rights” (clause 2 of article 13, article 15), if the air carrier is at fault for the cancellation/delay of the flight, you will be able to claim compensation for losses and compensation for moral damages if due to with a canceled/delayed flight were forced to bear additional expenses or your child has suffered physical or mental suffering.

To receive compensation, you must submit a written application to the airline. Most likely, you will be denied compensation and will have to go to court.

Compensation for flight delays from the Russian Federation to other countries

In April 2017, Russia joined and ratified the Montreal Convention on passenger transportation. And on August 21, 2017, this convention came into force.

That's it compensation payments passengers under the Montreal Convention are tied to Special Drawing Rights (SDRs). This is an artificial means of payment, the rate of which is formed on the basis of a basket of five currencies - the dollar, euro, Japanese yen, Chinese yuan and pound sterling. The SDR rate is published daily. Thus, on August 26, 2017, 1 SDR was equal to 83.41 rubles.

Compared to the Warsaw Convention, the Montreal Convention establishes four times higher compensation in the event of death or bodily injury of a passenger - 113,100 SDR (about 8.7 million rubles). Until now - no more than two million rubles. In case of destruction, loss, damage or delay in the transportation of baggage, compensation is established in the amount of 1031 SDR, or 80 thousand rubles. Compensation for flight delays has also increased significantly: the maximum amount is 4,694 SDR (about 364 thousand rubles).

However, the airline still does not pay these compensations on a voluntary basis and to obtain them it is necessary to go to court.

Your rights if your flight is delayed or canceled in the EU and Turkey

It is worth remembering that compensation is in addition to basic airline services, which are due to passengers of delayed flights. Such services should include the following:

  • refreshing drinks
  • accommodation (if your flight was rescheduled for the next day)
  • transport to your place of residence
  • 2 phone calls

You are not entitled to compensation in the following cases:

  • you were notified of the flight cancellation at least 14 days before the scheduled flight date;
  • the airline has offered you another flight on the same route.

In case of flight cancellation due to circumstances beyond the airline's control, the airline must offer passengers the following:

  • refund of payment for the ticket (in full or for the unused part of the route);
  • alternative transport to your destination in the fastest way;
  • rebooking for a later date that will be convenient for the passenger.

According to Regulation (EC) No. 261/2004 of the European Parliament and of the Council and the Turkish Air Passenger Rights Regulation, .

For each passenger, compensation for delays, flight cancellations or denial of boarding ranges from €250 to €600. The amount varies depending on the distance of your flight and the duration of the delay. Receiving compensation is possible if the following conditions are met:

One of the following happened to you:

  • Your flight was delayed for at least 3 hours
  • Your flight has been canceled
  • Your flight was delayed by less than 3 hours, but because of this you missed the next one connecting flight, and as a result arrived at the final destination more than 3 hours late
  • You were denied boarding due to lack of available seats (overbooking)

Also if:

  • The flight delay/cancellation is not caused by unfavorable weather conditions, strike of aviation personnel or other force majeure circumstances
  • No more than 6 years have passed since the flight

The route/airline must also comply with the requirements of EU Regulation No. 261/2004 or comply with the requirements of Turkish legislation.

If your flight is delayed

Return your air ticket

How to return an e-ticket

Airline responsibilities

Air passenger

Lawyer Gordon Andrey Eduardovich

Chamber of Lawyers of the Moscow Region

According to the Federal Aviation Rules, the air carrier has the right to cancel or delay the flight indicated on the ticket, change the type of aircraft, or change the transportation route.

What should a passenger do if the flight is canceled or rescheduled (postponed)?

The passenger’s actions depend on the type of flight - regular or charter, and the type of air ticket - regular or electronic.

First thing to do to the passenger, in case of flight cancellation or delay, regardless of which flight:

Action 1: Show up at the airport of departure for check-in and put a note on your ticket about the flight cancellation or rescheduling at the airline counter.

If the passenger has an electronic ticket:

Action 1: Get it at the airline counter at the airport or at an airline representative document confirming flight cancellation or rescheduling to another time or date.

Why is it important to get this mark?

  • The mark indicates your timely presence at the airport.
  • A ticket with a mark and a separate document from the airline confirms the transfer (cancellation) of a flight (non-departure) and the passenger’s forced refusal to fly (if you refuse to fly at another time and date). They are the basis for a refund of the full cost of the air ticket.
  • From the time the scheduled flight begins, the airline's delay in carrying out the transportation begins to run. And the passenger has rights established by federal aviation regulations: for receiving drinks, food, for a hotel. More on this below.

The ticket must be marked on the ticket by an airline employee at the passenger check-in counter before departure at the airport. He is also authorized to issue a certificate to the passenger. The passenger also has the right to obtain a certificate from the airline representative at the airport.

If at the check-in counter you are refused to mark your ticket or provide a certificate, go to the airline representative at the airport. As a last resort, go to the airport information desk.

Please note that it is the responsibility of the airline to mark the delay or cancellation of the flight; the airport information desk is an airport service that has nothing to do with the airlines. The fact of a flight delay or cancellation is reflected in the airport documentation and can be obtained later, including at the request of the court.

IMPORTANT: In any case, if a flight is rescheduled or cancelled, the passenger must begin collecting evidence of the airline’s violations. In case of a dispute, the passenger must provide this evidence! Such evidence is the above mark on the ticket and certificate, as well as other evidence.

How to collect other evidence?

  • Other evidence includes witness statements, video recordings, photographs, etc.
  • Interview other passengers, collect their data (last name, first name, patronymic, phone number).
  • Record your communication with airline representatives about the mark on the ticket or certificate on your mobile phone or video camera.
  • Fix the board with the date and your flight.
  • Record witnesses.

Further actions depend on the type of flight and your intentions.

Regular flight, flight refusal or flight cancellation:

If, if your flight is delayed, departure at a later time or on a different date is not acceptable to you, you have the right to cancel the flight and demand a refund.

Action 2: Please review the airline's refund policy and application form.

You record the introduction and rules on camera, as well as the explanations of the airline employees.

Action 3:Write and submit an application to the airline for involuntary cancellation of the flight and a refund.

If necessary, attach to the application Required documents, at the end of the application, list the documents attached to it. We recommend that you complete the application in two copies, the second copy to indicate to the airline that the application has been received.

Airplane electronic ticket return

Returning an electronic ticket is somewhat more difficult than a regular one. We recommend that you read the submission rules electronic tickets for a plane when purchased on the corresponding website of the airline or ticket aggregator.

Action 1: Obtain from the airline counter at the airport or from the airline representative a document confirming the cancellation of the flight or its transfer to another date. This document confirms the forced cancellation of the flight and is the basis for a refund of the full cost of the air ticket.

Action 2: If you ask at the airport to learn about the procedure for canceling a flight and returning air tickets. Apply directly at the airline counter.

You can find the rules for refunding air tickets on the website through which you were purchased air ticket. Contact the support service of the relevant website or company where the air ticket was purchased - airline, travel agency, online site selling air tickets.

Action 3: Fill out an application for a refund of an electronic air ticket.

Application forms are individual for each airline. The link to the application can be found on the website of the company where the air ticket was purchased. If you can’t find the link, contact the company’s support service by phone listed on the website and ask to send the form to your email address.

  • When filling out an application for a ticket refund, you must indicate all the ticket information, date, flight number, order number, etc. Information about the order number is contained in the information letter sent by e-mail to the passenger when purchasing an electronic ticket.

Refunds for air tickets on charter flights

Charter air transportation of passengers is subject to general rules air transportation of passengers.

At the same time, the transportation of passengers on charter flights has significant differences from regular flights. The passenger purchases transportation for a charter flight (air ticket) not from the airline, but from the aircraft charterer. The procedure for the airline to return the carriage charge (air ticket) to the passenger in the case of a charter flight is not established by law. Refunds for the transportation of a passenger on a charter flight are made by the charterer, not the airline. Therefore, the possibility of an air passenger on a charter flight refusing to refuse the air transportation agreement (ticket return) is not limited, but the procedure for returning the carriage charge compared to regular flights is significantly more difficult and is regulated by the agreement between the charterer and the passenger.

Passengers on charter flights can submit demands for cancellation of the contract of carriage and refund of carriage charges (air tickets) according to the rules of the concluded contract of carriage, taking into account the rules of the contract for chartering a specific aircraft.

An air passenger on a charter flight submits a request for a refund of the carriage fee to the charterer.

Airline responsibilities

If your flight is delayed

Both Regular flight and charter flight

The carrier is obliged to serve the passenger at all times waiting for flight departure. The waiting time for flight departure begins from the flight departure time indicated on the ticket.

Clause 99 of the Federal Aviation Rules of Russia:

In the event of a flight delay, flight cancellation due to unfavorable meteorological conditions, for technical or other reasons, the carrier is obliged to organize changes in the transportation route for passengers at the points of departure for free:

1) Passengers with children under 7 years old - use of the mother and child room, from the moment you start waiting for the departure of the flight;

2) Flight delay for 2 hours and more:

— two phone calls or two emails;

— provision of soft drinks;

3) Flight delay for 4 hours, and then every 6 hours (day) and every 8 hours (at night):

— provision of hot meals;

4) Flight delay at 8 o'clock (daytime) and more than 6 – at night

- hotel accommodation;

— delivery by transport from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee.

5) Organization of luggage storage - in all cases of flight delays.

Taking into account the above federal aviation rules, if you have made a corresponding request to the carrier and received an unreasonable refusal, having previously recorded the request and refusal on video and by witnesses, feel free to purchase drinks, hot meals in a cafe (restaurant) and keep the receipts and also record it on video.

Also, in case of waiting for departure for more than 8 hours and the airline refuses to provide a hotel and deliver passengers to it, the passenger has the right to use the hotel at his own expense and recover expenses from the airline.

International flight delay

The rules for international passenger transportation differ from Russian ones and are determined by the “law of the land” where the flight delay occurred. For example, a dispute over the delay in Russia of a foreign company’s flight to Europe will be considered in a Russian court under Russian law.

Complaint against airlines

At international flights it is necessary to take into account the requirements of relevant legislation. For example, in case of violations in Europe, the Montreal Convention is used, according to which a claim can be filed at the choice of the plaintiff in the state of one of the parties to the contract of carriage, or the place of departure or arrival.

What is the deadline for filing a complaint?

Requirements for inside Russian transportation– within 6 months from the date of damage (Article 126 of the Air Code of the Russian Federation).

Complaints about international transportation are subject to the laws of the state in which the delay occurred. For example, in cases of delayed flights from Europe, claims can be made within up to 2 years.

Conclusions:

The main thing for an air passenger is not to forget about urgent actions and your rights:

  1. Record the start of the flight wait on the ticket or in the airline’s certificate
  2. If you are flying with a child under 7 years old, at the same time ask the airline to provide access to the mother and child room;
  3. If your flight is delayed for 2 hours or more, request: two phone calls or two emails; and provision of refreshments;
  4. If your flight is delayed for 4 hours, ask for hot meals;
  5. In case of flight delay at 8 o'clock(during the day) and more than 6 - ask for a hotel at night.

Record your every call to an airline representative on camera, record telephone conversations.

At the same time, collect receipts if you incurred the listed expenses at your own expense due to the airline’s refusal.

Flight delays in Europe and America

When flights in Europe and America are delayed or canceled, airlines not only refund the passenger the cost of the ticket, but also pay monetary compensation.

Compensations are established if flights are carried out in Europe or America, or departure is carried out from Europe (America). The amount of compensation depends on the length of the delay (or the time from the cancellation of the flight to the moment of departure on the ticket) and the length of the route.

For example, if the flight is on the route Paris-Moscow (range 1,500 - 3,500 km) delayed for 3 hours , the amount of compensation is 400 Euro.

At the same time, the period for filing claims against the airline is up to 2 years.

In accordance with the current regulations of the Aviation Rules of the Russian Federation, a flight can be canceled at the initiative of the carrier in the following cases:

  1. In the event of unforeseen circumstances, independent of the actions of the carrier;
  2. Due to the airline's fault due to improper fulfillment of transportation obligations;
  3. Due to the passenger's fault on the basis of clause 230 of the AP.

Unforeseen circumstances that arise regardless of the actions of the carrier, therefore, not implying his guilt in case of cancellation:

  1. Compliance with government requirements.
  2. The occurrence of circumstances entailing a risk to the safety of the ship, crew and passengers.
  3. Irresistible elemental force.
  4. Occurrence of a technical malfunction.
  5. Declaration of martial law.
  6. Worsening epidemiological situation or quarantine.
  7. Forced restrictions on transportation along the stated route.

Circumstances arising from the carrier’s guilty actions:

  1. Inconsistencies in the schedule.
  2. Late staff equipment resulting in the need for delay or cancellation.
  3. The number of passengers exceeds the number of seats in the cabin(overbooking).

What to do if the cancellation occurred several days in advance

In accordance with clause 74 of the Aviation Rules, if circumstances arise that lead to the cancellation of or, the carrier is obliged to take all possible actions to inform passengers in advance before the flight.

In the explanation to Art. 120 of the Air Code of the Russian Federation states that the responsibility of the contractor arises if the client was not notified at least 2 weeks before the departure.

In this case, as a rule, responsible person sends an SMS notification or email to the passenger's email explaining the need to cancel the flight and indicating the date and time of rescheduling for the next flight. The client can act as follows:

  1. If he is not satisfied with the current conditions of transportation, contact the airline representative and inquire about the availability of an alternative option.
  2. If the airline cannot provide another option that meets the passenger’s requirements, declare your intention to transport and return the money.
  3. Go to the place where you purchased the ticket and hand it over to the employee and provide identification.
  4. Write a written claim for a refund using the form provided by the employee.
  5. If the ticket was issued via the airline's website, fill out the form for an involuntary refund in the corresponding section of the site.
  6. Wait for money transfer.

The client is not entitled to any kind or material compensation. There is no additional payment for the passenger to reissue a ticket.

If a passenger finds out about the flight cancellation on the day of departure

If a passenger learns of an involuntary cancellation upon arrival at the check-in point, he should proceed as follows:

  1. Take a photo of the schedule board, which indicates the circumstances of the cancellation of his flight.
  2. Contact a member of staff at the front desk and demand clarification of the reasons for cancellation.
  3. Find out about the possibility of providing an alternative option transportation.
  4. Request a written explanation of compensation and services due to the passenger in case of cancellation due to fault.
  5. Re-register your ticket and wait for departure.
  6. If the passenger decides to terminate the contract of carriage, request that the appropriate stamp be placed on the transportation document.
  7. Return by providing identification.
  8. Submit a return claim using the form provided by the employee, on the basis of clause 232 of the AP.
  9. File a claim for monetary compensation.

The burden of proof of involuntary cancellation due to force majeure lies with the carrier.

Guarantees and compensation for forced cancellation

The passenger has the right to compensation expressed in kind and monetary equivalent, subject to the following conditions:

  1. The passenger did not receive advance notice and was informed of the flight cancellation upon arrival at the airport.
  2. The passenger has the right to, unless the carrier proves that the flight was canceled for reasons beyond its control.
  3. The passenger has the right to the provision of services established in the list of clause 99 of the Administrative Offenses, while waiting for the next flight, if it is at the airport.

List of services and guarantees provided to the passenger during the waiting period on the basis of clause 99 of the Administrative Offenses:

  1. Providing accommodation for a child under 7 years of age.
  2. Two phone calls or emails(with a delay of 2 hours).
  3. Cold drinks(with a delay of 2 hours).
  4. Hot meals(with a delay of 4 hours).
  5. Registration at the expense of the carrier.
  6. Free transportation to the hotel and back to the airport.
  7. Organization and storage of cargo(luggage).

Material compensation

Material compensation, in accordance with the comments to Art. 120 of the Air Code of the Russian Federation, the passenger is provided in the following cases:

  1. When he was not given at least 2 weeks notice.
  2. When he was not warned at least a week in advance, if he was provided with an alternative option, providing for the delivery of the passenger to the place of arrival no later than 4 hours from the time provided for by the previous one.
  3. Unless the carrier proves that the flight was canceled through no fault of its own.

The amount of compensation is calculated based on the provisions of current regulations:

  1. Air Code of the Russian Federation, if transportation is carried out by a Russian carrier on an intercity airline.
  2. Air Code of the Russian Federation, EU Aviation Regulations or Montreal Convention, if the Russian carrier carries out transportation on international airlines. The provisions of the international treaty will take precedence over the regulations of the Russian Federation.
  3. Regulations of the carrier’s country or international regulations when carrying out transportation by a foreign carrier, unless otherwise provided by the contract.

Compensation according to the regulations of the Russian Federation:

  1. Art. 28 clause 5 of the PPA– 3% of the cost of transportation for each hour of delay.
  2. Art. 120 VZK RF– 25% for each hour of delay.
  3. Art. 120 VZK RF– the amount of compensation cannot exceed half the cost of the ticket.

Compensation under EU Regulation for a delay of 3 hours or more:

  1. With a route distance of less than 1500 km– 250 euros.
  2. With a route distance of more than 1500 km– 400 euros.
  3. With a route range of more than 3500 km– from 300 to 600 euros depending on the time of delay.

For flight delays to US countries, no financial compensation is provided. The exception is overbooking. The passenger can also count on the provision of services during flight delays.

If a flight is cancelled, a passenger always has the right to a free re-arrangement of the route on the next flight or a refund of the full cost of the ticket. If the airline delays or cancels a flight due to the culpable actions of employees, the client is entitled to financial compensation. During the waiting period, passengers can also count on assistance additional services.

 

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