Obligations of an airline to delay a charter flight. The penalty for delaying charters will be terrible

Air transportation problems often affect the quality of our tourists' rest. Increasingly, you can hear about egregious cases of delays or cancellations of flights, it would seem, rather large and well-known airlines. For example, the recent problem that caused a lot of noise that arose among tourists with VIM-Avia. Of course, one can argue a lot about who is to blame for this, speaking on lengthy topics, but it is worth remembering that living people who have planned their vacation or are forced to fly to another city or country due to some family circumstances suffer from this first of all. And these people maybe hoping they get to another connecting flight to continue on your journey. But suddenly they find out that their flight is canceled or delayed, and it doesn’t matter if it is direct or charter. What should they do in this case, what steps should they take? How to get compensation for ruined vacation?

It is difficult not to get confused in such a situation, especially if it happened to you for the first time, or your flight was a connecting flight, or you were tied to the time of your arrival. But it is worth remembering that your plane ticket is nothing more than an agreement with this airline, which has undertaken to deliver you, as a passenger, to the point of the planet you need and at the time you need, otherwise, it undertakes to take care of its passenger if the circumstances did not go according to plan.

Each passenger should know that the Civil Code of the Russian Federation stipulates cases when an air carrier is not liable for cancellation or delay of a flight, these are: various natural phenomena - fires, snow drifts, hurricanes, floods; non-flying weather conditions; sudden hostilities; complete cessation or regime of restriction of cargo transportation in a number of directions; in some cases, during a strike of airline or airport personnel, in the presence of malfunctions, threatening life and health of air passengers. In all other cases, the fault lies with the airline that violated its obligations under the contract.

First, let's take a closer look at what happens when a direct or charter flight is canceled by an airline.

- The flight can be canceled a few days before the plane's departure to the destination.

In this case, the airline traditionally offers passengers several ways to solve the problem of a flight cancellation: an alternative to flying on a different route of the same carrier or a flight from another company, but the destination remains the same.

The passenger has the right to demand a full refund of the cost of his ticket. For example, if you bought one ticket for a flight with transfers, then you are required to return the amount for the entire route. If a passenger bought two tickets, for example, Moscow-Barcelona and separately Barcelona-Valencia, and the first flight to Barcelona was canceled, then you will be refunded only the amount spent on the ticket from Moscow to Barcelona, and you will need to return the ticket from Barcelona to Valencia in the usual fare mode. If the cancellation of the flight affected the second part of the flight - Barcelona-Valencia, and you were not provided with alternative options, but the trip has lost its meaning, then the air carrier is obliged by law not only to refund the money for the ticket to Valencia, but also to deliver you back to Moscow free of charge. Regarding the refund for round trip tickets, you will be able to refund their full cost if the flight is canceled and if you did not purchase them separately, but in the form of a “round trip”, that is, two tickets on a single form.

- The flight can be canceled or delayed when the tourist is already at the airport.

The airline is obliged to give you clear information about the reason and time for which the flight was delayed. You have the right to demand this information from an employee of your airline, and he is obliged to offer tourists options for their further action. Often, an airline employee makes a proposal to transport tourists to their destination by another aircraft or a flight of another carrier. And subject to the fault of the air carrier, this flight will be free for the tourist.

Not all passengers who have suffered moral and material problems due to the cancellation or delay of flights are aware of their rights to receive compensation. This compensation varies, depending on the timing of the transfer and cancellation of the flight, as well as the distance to the desired point. If the airline is at fault, it is legally obliged to give the passenger three percent of the cost of his ticket for every hour he spent waiting, as compensation for the flight delay. This is stipulated in Article 28, paragraph 5 of the Law "On Protection of Consumer Rights". In addition, pay in the form of a fine twenty-five percent of the minimum wage for each hour of waiting, but this amount cannot exceed half the price of the air ticket. Other additional compensations for canceled passengers are not issued when flights are canceled, but every tourist has the right to receive a refund of the amount for tickets or exchange them for a similar flight.

The rights of a tourist-passenger with a flight delay of more than two hours:

Making two phone calls or sending two emails; - you are required to provide free drinks; - if you have children under the age of seven with you, you must be given free access to the mother and child room.

The rights of a tourist with a flight delay of more than four hours:

The passenger must be fed hot meals free of charge, and fed every six hours - during the day and every eight hours - at night.

The rights of tourist-passengers when the flight is postponed for more than eight hours during the day and more than six hours at night:

The airline must bring and check you into the hotel at its own expense, and provide you with a free transfer there and back. According to the legislation, tourists do not have the right to settle in the same room with strangers. If the passenger did not like the provided room or the proposed hotel, then he can find a suitable option for himself, and the airline must pay an amount that will be equal to the price of the original accommodation option offered to it. The tourist can pay the price difference for the more expensive room he has chosen or pay for his stay in full, but we recommend that you keep the payment receipt in this case in order to return part of the money spent, if available objective reasons refusal of accommodation according to the option proposed by the air carrier. But, you should know that if you refuse the number offered by the airline, you lose the right to a free round-trip transfer, but the air carrier must store your luggage at its own expense.

Where can tourist passengers complain to get compensation for a canceled or delayed flight?

If there was a cancellation or delay of an internal direct or charter flight of a Russian company, then claims are considered in accordance with the legislation of the Russian Federation. Passengers' complaints against foreign airlines that have not fulfilled their obligations to them on the territory of the Russian Federation are also considered in Russia. But when an airline postpones or cancels a flight abroad, litigation is conducted in the country and according to the laws where it happened, and the place where the air carrier is registered will not play a role here.

Claims are submitted by the passenger personally at the airport of his departure or upon arrival at the place. When there is no representative office of your airline at the airport, there are no employees on site, then the claim is submitted through the airline's website. Although emails can often be ignored, it is best to send your claim by certified mail to the airline, making a detailed inventory of the attached documents and keeping a copy of your statement, confirmation of dispatch, as this can be used in legal proceedings if the air carrier ignores you or refuses compensation. According to our Russian legislation, a passenger has the right to present his claims to the air carrier within six months from the date of cancellation, delay of the flight.

I would like to touch upon one more important point for tourists, a very topical one for Moscow airports. Very often, passengers are taken to an airport other than the one indicated on their ticket. In this case, the airline is obliged to deliver the tourist-passenger to the desired destination on free transport. And this rule applies to all airports in the Russian Federation.

A flight delay can disrupt a traveler's plans, spoil the mood before the flight and make it impossible to transfer to another flight in a timely manner. Many victims of long waits at the airport are unaware of the possibility of receiving compensation if the carrier is at fault for the delay. In what amount and on what grounds compensation is provided for the delay in the flight of the aircraft, we learn from the article.

When an airline is at fault for a flight delay

Whenever a passenger is not allowed on the plane, although he has a purchased ticket, the airline is considered guilty and obliged to pay compensation.

You can claim compensation provided that the airline is to blame for the flight delay. This happens if:

there was a discrepancy in the flight schedule;
the crew did not prepare in time for the flight;
the flight was canceled due to an insufficient number of tickets sold or other reasons due to which the flight became unprofitable;
more tickets were sold than it is possible to seat passengers (this happens because due to the refusal of passengers to fly, companies often sell 5% more tickets than there are seats in the cabin);
in other situations, when the carrier cannot confirm the presence of force majeure circumstances that led to the flight delay.

In what situations is the airline not to blame for the flight delay?

It is impossible to file a claim against the airline and demand compensation for the delay in the following cases:

if the aircraft did not take off at the request of the competent authorities due to unfavorable weather conditions;
if the flight was canceled at the insistence of the state. organs;
if there was a strike of airport employees;
if the flight was canceled due to the discovery of a malfunction of the aircraft, due to which there was a threat to the health and life of passengers;
if there were force majeure circumstances (riots, hostilities, terrorist attacks, natural disasters).

Flight Delay Compensation, Passenger Rights

If, due to the cancellation or delay of the flight, the passenger has several days of vacation, the airline will compensate the cost of pre-paid, but not used hotel services, etc.

In the event of a flight cancellation, the passenger must be warned. If the warning took place a couple of days before departure, an alternative option should be offered passenger transportation to the destination, and the money for the ticket must also be returned (even if a transfer and a round trip were supposed).

The money can be returned within 3 months from the date of cancellation of the flight. But in the case when the flight was canceled on the day when the flight was scheduled, or even after the client's arrival at the airport, they are required to offer another ticket for the plane of the same company or the plane of another carrier (the passenger does not have to pay extra).

What rights does a passenger have in case of a canceled or delayed flight?

When the flight delay became known, the passenger should first of all go to the airline staff and ask to put a delay mark on the ticket.

The flight delay may be insignificant, or it may last for many hours - depending on the length of the wait, the passenger is entitled to the following benefits:

storage of luggage without payment, use of the room for mother and child under the age of 7 years, as well as for persons accompanying them;
if delayed by 2 hours or more, the passenger has the right to demand sending 2 free e-mails or making 2 calls, as well as free soft drinks;
if the flight is delayed at least for 4 hours, the passenger is offered a hot lunch, which will continue to be offered every 6 hours;
if the flight is delayed for 8 or more hours in the daytime or at 6 o'clock at night, the passenger will be accommodated in a hotel free of charge;
the company will provide a free shuttle service to the hotel and back to the airport.

How much compensation is paid for a flight delay

If the flight was delayed due to the fault of the airline, the following amounts will be paid to the passenger:

3% from the cost of a plane ticket for each hour of flight delay (as compensation for lost time);
25% from the current federal minimum wage for 1 hour of waiting for a flight (no more than half the cost of a plane ticket - as a fine).

When to file a claim with an airline representative

The claim (see claim sample ⇒ ) must be filed within six months from the date of flight delay or cancellation. For international flights, the circulation period is extended to 2 years. The claim will be considered within 30 days from the date of its receipt by the representatives of the company. Compensation will be transferred to the applicant's account within 2-6 months. If the payment is refused, or the amount of compensation turned out to be insufficient, the passenger has 3 years left to file a claim.

Common Mistakes

Error: The passenger whose flight was delayed demands that his claim be considered under Russian law, while the flight was international.

June 22, 2017, 12:36

Charter delays peak at 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 the correct perception of this problem.

When the unpleasant inscription “flight delayed” appears on the scoreboard, the main thing is not to panic. It's always a good idea to have a representative (airline or airport) come out to meet you and explain what's going on.

Reasons for charter flight delays

There are various reasons for flight delays. Sometimes the airport and the airline have different data. To determine the exact cause, the courts make inquiries to the weather and other airport services.

Non-arrival of the aircraft
Aircraft breakdown
Weather (weather) conditions

If the flight is delayed for reasons beyond the control of the airline, you will not be able to receive material compensation. But in any case, the airline is obliged to provide you with certain amenities while waiting for the flight.

This is where the first difficulties come - it is not profitable for airlines to admit, and passengers do not know their rights. So - the flag is in our hands, more precisely FAP - federal aviation rules.

Obligations of the airline in case of flight delay

The first thing an air carrier (or airport) has to do is to inform passengers about the change in the schedule and the reasons for the change. This is evidenced by paragraph 92 of the FAP (Federal Aviation Rules).

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, as they are the parent organization of the airline. The second - as having concluded a contract for charter transportation, now they are responsible to passengers for the services provided.

What should I do if my charter flight is delayed?

If you intend to make a claim, you will receive a certificate of flight delay (cancellation). On boarding pass the present time of departure must be indicated (by hand) and stamped.

If, while waiting for a flight, you are not provided with mandatory services, buy them yourself, save your receipts and present the costs for reimbursement to your tour operator, and he will deal with the charter carrier. Take into account that monetary compensation can only be obtained if the carrier's fault in the flight delay is proven. In Russia, the amount of compensation for a flight delay is set 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 regulations in case of a flight delay, 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 at the expense of the airline are entitled to soft drinks and 2 phone calls or the ability to send two e-mails.

So, in case of a flight delay, the airline must provide:

after 2 hours - soft drinks and 2 phone or email messages,
after 4 hours - hot meals, 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 delivery 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 Consumer Rights Protection Law 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 defense of the Consumer and you can receive compensation.

What you need to know about charter flight delays

Different types of liability are shared by carriers of scheduled and charter flights. In the latter case, the tour operator who chartered the aircraft is responsible for the 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 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 at the check-in desk. Then, if you are not provided with the necessary "amenities" 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, disassemblies can bring you to court, but often it doesn’t come to that, and claims are considered by the offending party in a pre-trial order.

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.

The consequences of flight delays

Since the beginning of the season, the tourist community has been solving problems with the transfer and cancellation of VIM-Avia flights. In the case of charters, the responsibility for transporting vacationers to the place of rest passes to the customer of the transportation, that is, the tour operator.

Hello Anastasia. Maybe a belated answer, but still...

Of course, you can file a claim with the airline. In your claim, you can claim compensation for all expenses incurred by you in connection with the flight delay, including expenses for the hotel paid at the place of rest. Also, if the airline has not fulfilled its obligations under clause 99 of the Federal Aviation Regulations No. 82, you can claim the costs of these services.

99. In the event of a break in transportation due to the fault of the carrier, as well as in the event of a flight delay, cancellation of the flight due to adverse meteorological conditions, for technical and other reasons, changes in the route of transportation, the carrier is obliged to organize the following services for passengers at the points of departure and at intermediate points:
provision of mother and child rooms to a passenger with a child under the age of seven;
two phone calls or two emails while waiting for a flight to depart for more than two hours;
provision of soft drinks while waiting for the flight departure for more than two hours;
provision of hot meals while waiting for the departure of the flight for more than four hours and then every six hours - during the daytime and every eight hours - at night;
hotel accommodation while waiting for the departure of the flight for more than eight hours - in the daytime and more than six hours - at night;
(As amended by the Order of the Ministry of Transport of Russia dated April 30, 2014 N 114)

delivery by transport from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee;
organization of luggage storage.
The services specified in this paragraph are provided to passengers at no additional charge.
For the purposes of this paragraph, the waiting time for the departure of a flight starts from the time of departure of the flight indicated on the ticket.

Also according to Article 120 Air Code RF

For delay in the delivery of a passenger, baggage or cargo to the destination, the carrier shall pay a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage charge, unless it proves that the delay occurred due to force majeure, the elimination of an aircraft malfunction that threatens the life or health of the passengers of the aircraft, or other circumstances beyond the control of the carrier. If you flew to an EU country, then this amount is in accordance with the decision of the Council of the EU No. 261/04 is increased as follows:

Article 6 Delay

When the operating air carrier has good reason to expect a flight to be delayed from its scheduled departure time: (a) by two hours or more for flights of 1,500 kilometers or less; or (b) three hours or more for all intra-Community flights over 1500 kilometers and for all other flights between 1500 and 3500 kilometers; or (c) for four hours or more, for all flights not in categories (a) or (b), the operating air carrier must offer passengers: (i) the assistance described in Article 9(1)(a) and 9(2); and (ii) where there is good reason to expect the departure time to be delayed by at least a day from the previously announced time, the assistance described in Article 9(1)(b) and 9(1)(c); and (iii) when the time of delay is at least five hours, the assistance described in Article 8(1)(a).
Either way, assistance must be offered within the time limits set above for each distance interval mentioned.
Article 7. Right to compensation

In cases covered by this Article, passengers shall receive compensation in the amount of: (a) EUR 250 for all flights of 1,500 kilometers or less; (b) EUR 400 for all intra-Community flights of more than 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers; (c) EUR 600 for all flights not falling under categories (a) or (b). the basis should be the last destination at which the passenger cannot arrive at the pre-arranged time due to denied boarding or flight cancellation.
When passengers are offered alternative route travel to the final destination on an alternative flight pursuant to Article 8 whose arrival time does not exceed the scheduled arrival time of the originally booked flight(a) by two hours for all flights of 1,500 kilometers or less; or (b) by three hours for all intra-Community flights over 1500 kilometers and for all other flights between 1500 and 3500 kilometers; or (c) for four hours for all flights not in categories (a) or (b), the operating air carrier shall be entitled to reduce the compensation referred to in paragraph 1 by 50%.
The compensation referred to in paragraph 1 must be paid in cash, electronic bank transfer, money orders or checks or, with the written consent of the passenger, traveller's checks and/or other services.
The distances given in paragraphs 1 and 2 should be calculated from the great circle.

The term for filing a claim with the airline is 6 months.

It is already pointless to argue with the tour operator, since there is a period for a claim of 20 days from the date of return.

If you have any questions or need help in preparing documents, please contact the chat.

Sincerely, Bulygin M.A.

In this article, we will consider the varieties, difference, difference between charter flights and regular regular flights.

Traveling abroad has become an integral part of our lives. However, many tourist destinations still remain costly for the majority of our country's citizens. That's why charter flights are in great demand. After all, the cost of tickets for this type of air travel is much lower.

We will consider what types of charter flights are, what are their advantages, and whether it is possible to get abroad with their help. In addition, we will analyze how and where you can buy a ticket, and what kind of food carriers can offer passengers.

What is a charter flight: varieties, are there international ones?

The concept of "charter" means an agreement between a transport company and a charterer, which allows the carriage of passengers. As a rule, the term of the contract is one-time or regular. Charter flights are:

Marine
River

There are several types of such transportation:

Shuttle (plane or ship delivers one group of passengers and picks up another)
With sediment (the duties of the captain or pilot include: delivering people to the place of arrival, waiting for the expiration of the tour package, transporting passengers in the opposite direction)
Split (this is a combination of both charter and regular transportation; people get from remote points of their place of residence to the main airport and then continue on a regular flight)

Charter flights can be classified according to the location of the final destination. Therefore, allocate:

International
Domestic (when transported within one country)

Often only with the help of charter flights you can get to your destination. Therefore, most major travel companies buy out the service seasonally. Thus, it is possible to reduce the cost of the ticket, which means that the price of the ticket will not change.

What is the difference between a charter flight and other regular flights: explanation

Charter flights have several distinctive features compared to regular flights. The main ones are:

No classes (all passengers fly under equal conditions)
Seat size (narrower on charter flights)
Late and delayed departure (in case of an unforeseen situation, regular flights are the first to be released at the airport)
Unplanned change in departure or arrival time
Lack of early booking option
Affordable cost

No transfers
If the trip is canceled, the ticket cannot be returned, and its cost is not compensated
Bonus points for cooperation with the airline are not awarded
Need to adapt to flight schedule
Meals can be extensive, minimal or non-existent, as the service is ordered by the company that provided the travel packages.

Charter flights are not always inconvenient. After all, with their help you can get to almost anywhere in the world at the lowest price and without the need for a transplant.

How to find out: charter flight or regular?

In order to find out which flight you are going to fly, you need to pay attention to the following factors:

The number of charter flights has 4 digits, and the number of regular flights has only 3
The airline's website indicates the intended type of flight.
In most popular resort countries there is a practice of separation of flights. Therefore, it is necessary to clarify at which airport you will be landing. So you can understand if the flight is charter
On sites for searching and buying tickets, it is possible to specify the desired type of flight

In the case of purchasing a ticket through intermediaries, it is imperative to clarify whether the flight will be regular or charter. Since the departure time of the latter can change just a few hours before the one indicated on the ticket. Also, information about charters is displayed on the information board at the airport no earlier than 24 hours before departure.

Why are charter flights cheaper than regular ones, are they fed on charter flights?

Everyone knows that the cost of a charter flight is significantly lower. This is due to a number of different factors that allow you to reduce the price of air tickets. The main ones include:

Full payment of the cost of tickets for all passenger seats (because Travel Company rents transport for a certain period of time, then the total cost of the service is calculated as a percentage for each of the clients who purchased a tourist package and went on vacation on this flight)
Lack of regular long term implementation of transportation (due to this, the need for daily technical inspection and maintenance of the aircraft is reduced)
For charter flights, as a rule, older aircraft are used
A large number of passengers (since the seats are narrower, the aircraft is able to accommodate more vacationers)
Charter flights are rarely used for long distance travel.

There are also several features regarding the nutrition of passengers. The most significant of them are the following:

Meals and menus are chosen by the company that rented the vehicle
Drinks and food may be included in full or in part
A travel company may refuse the menu and customers will be deprived of the opportunity to order something throughout the entire journey.

Therefore, it is necessary to check with the travel agent whether meals are provided on board the aircraft, as well as how long the flight will last.

Why are charter flights bad, how often are they delayed and how long can they be delayed?

Despite the low cost and lack of transfers, charter flights have a number of negative characteristics. These include:

Inability to exchange a ticket or refund its cost
Frequent flight delays
Impossibility of early booking
It is impossible to predict whether the power will be turned on
It is not possible to choose a seat in advance, as tourists take them on a first-come, first-served basis.
All passengers have equal conditions and it is impossible to buy a ticket in business or first class

It is also impossible to say exactly how much the landing or arrival of the aircraft can be delayed. After all, the delay occurs not through the fault of the crew, but in case of emergency situations at the airport. Therefore, in the event of a long technical inspection, hacker attack or breakdown vehicle, the first to land and take off are regular flights. As a rule, charter flights are delayed no more than 6 hours.

Where can I find information about delays of scheduled and charter flights?

In order to find out about a delay in boarding or arrival, you need to check the information by choosing one of several methods. Data on charter and scheduled flights are updated daily on the following carriers:

Electronic scoreboard at the airport
The website of the aviation company whose services you use
On the website of the Federal Air Transport Agency
At the information desks of airlines at the airport

Also, in the case of buying tickets through intermediaries (travel and legal agencies), you can contact the specialist who issued the travel document in your name.

How to buy tickets for a charter flight?

In order to purchase a ticket for a charter flight, you can use the services of a company or make a purchase on your own. Intermediaries can be:

Travel agencies
Law firms
State and regional travel agencies
Tour Operators
Aviation ticket offices

In order to buy a travel document without intermediaries, you need to issue a ticket on the website of a company specializing in charter flights. The most popular carriers in Russia are:

Azur Air
Russia
Meridian
Royal Flight
Gazpromavia
I fly Airlines
Izhavia
Grozny-Avia
Nordwind Airlines
Jet Air Group
Severstal Airlines
Kosmos Air Enterprise
Lukoli Avia

These companies carry out charter flights from all over Russia and cover various destinations:

Domestic transportation
Flight to Europe and the CIS
Southern resorts
Asian countries
North Africa

After the process is completed electronic clearance the virtual ticket must be printed on office paper and presented to the airport staff if necessary.

How to find out the ticket number, is it possible to return tickets for a charter flight?

In case of cancellation of a ticket for a charter flight, the following factors must be considered:

Upon return travel document the airline does not compensate for its cost
In case of cancellation of the trip, the ticket exchange for another date is not provided
The ticket can be transferred to another person (however, you will need to contact the agent or airline to notify and replace the passenger's data)

To find out the travel document number you need:

Print the form on paper or save it electronically
Pay attention to the upper corner on the right side
Under the black hologram there is a number consisting of 13 digits
You will find the same number on the boarding pass after marking "e-Ticket"
This code of 13 characters is the ticket number

Each of us independently decides which airline to use, as well as which type of flight will be more convenient. Of course, the advantages of charters are obvious: low cost, regularity of flights, lack of separation of passengers into classes, the ability to get to anywhere in the world without transfers and problems with luggage. However, this type of flight is suitable for those who are in no hurry to important meetings and business meetings, since such flights are most often delayed, which can create a lot of discomfort and further inconvenience.