Actions and rights of passengers in case of flight delay
The delay of the planned flight is a serious reason for stress and the need to change all your plans. When faced with such a problem for the first time, it is easy to get lost. But it is important to know that you are not the first to find yourself in this situation and the law clearly regulates our rights.
First of all, remember that your ticket is a contract with the airline and a kind of guarantee of high-quality performance of the service, so it is so important not to lose it and keep it until the end of the flight. The contract also implies a number of actions on the part of the airline, if it could not fulfill its obligations and deliver you from point "a" to point "b"during the time. The carrier is obliged to offer options for the development of events that could suit the passenger. For example, a flight on another flight, by another carrier, or from another airport.
Obligations of the carrier in case of flight delay:
The company is obliged to inform about the reasons for the flight delay and the waiting time. Ensure the storage of luggage and its timely loading on board. Provide access to the mother and child rest room for all passengers flying with children under the age of 7 years. The room must be available in the building of the departure airport. If the flight is delayed for more than 2 hours, provide passengers with soft drinks. Give access to the necessary technical equipment for making two phone calls and sending two electronic messages. If there is a delay of more than 4 hours, provide hot food. Usually, passengers are given food stamps at a local cafe in the airport building. Meals should be provided every 8 hours at night and 6 hours during the day. If the flight is delayed for more than 6 hours at night and 8 in the afternoon, deliver passengers and place them in a hotel at your own expense. At the same time, you have the right to refuse the proposed number if you did not like it and offer your own version. But the carrier also has the right to refuse or pay only half of the cost of accommodation. In this case, the airline is not obliged to deliver the passenger to the chosen place of residence. If the situation can only be resolved by flying another carrier, all costs for new tickets are paid by the company that has violated its obligations. A passenger can independently purchase tickets from another company if he cannot wait for the situation to be resolved. In this case, you can safely claim compensation. The full ticket price is refunded in case of flight cancellation.
It is worth considering the reasons for which the flight is delayed. If this happened due to natural disasters, military operations, weather, the ban of all departures by the competent authorities, the threat to people's lives during the flight, the airline is exempt from compensation for the cost of tickets, but still must provide passengers with a comfortable wait for the next flight.
In case of a malfunction of the aircraft or a change in the schedule, the crew is not ready for the flight, the company is fully responsible in accordance with the law.
How to get compensation
If you decide to cancel the flight altogether and not wait for the flight, you need to perform several actions:
Inform the airport staff that you are canceling the flight. Make sure that you have been stamped on your boarding pass or issued a receipt for flight cancellation. If possible, get other evidence of the flight cancellation (a photo of the scoreboard or a message from the official website). Submit an application for a refund to the airport representative office. Wait for a refund and only after that you can throw out all the receipts.
You can count on the following payments: 3% of the ticket price for each hour of waiting (Federal Law of the Russian Federation No2300-1). 25 % of the minimum wage, but not more than half of the total cost (VZK RF st No 120). Compensation of losses in full if you did not get to an important event (Federal Law of the Russian Federation No23300-1).
What to do if your rights are violated
If a traveler has been sitting without getting on his flight, he has not been fed, watered, or provided with a hotel in certain cases, it is necessary to write a claim to the company within six months.
In some cases, you can claim compensation. If the flight was delayed only due to the fault of the carrier.
In order to confirm the fact of violation of rights and claim compensation, you will need the following documents:
A note on the ticket that the flight was canceled or delayed. Also, a certificate certified by a representative of the company will be suitable as a supporting document. Paid receipts from the hotel and taxi. If you did not get to an already paid planned event (a sports match, a celebration, a concert, etc.), you must attach all documents confirming the fact of buying a ticket to the event to the claim.
The carrier is obliged to respond to the claim no later than 30 days later. If the requirements are not met, you can apply to the court within the next two years. You need to attach a package of documents to the claim:
A copy of the travel document. Supporting documents for expenses (food, hotel, taxi). A claim previously sent to the airline. The response of the company representative, if there was one.
A claim can be filed:
At the address of the main office or branch of the representative office of the company. At the place of residence of the plaintiff. At the place of conclusion of the contract.
Thus, you can file a claim in the court located closest to your place of residence or the airline's office.
It matters with the company of which country the passenger has signed a contract. Delays of domestic flights are considered within the framework of Russian legislation. Citizens ' claims against foreign carriers who violated their obligations to travelers from Russia are also being considered.
Does it make a difference whether passengers are in the airport building or are already sitting in the cabin?
The legislation prescribes the obligations of the airline during the waiting period for the flight, and it does not matter where exactly this happens. If travelers are waiting for departure in the cabin of the aircraft, and they have the same rights as in the usual case of waiting in the airport building: they must be provided with soft drinks, food, and given the opportunity to call. They also have the right to leave the plane, but this will take longer for technical reasons, which in turn may extend the departure time. Do not forget that passengers on board must follow the instructions of the crew. The final decision to cancel the departure, if the passengers are already on board, is made by the commander of the vessel.
Similar situations can happen to anyone. In order to minimize unpleasant consequences and compensate for damage, you can and should seek advice or help in drawing up a claim to the Department of Rospotrebnadzor in your region.