How to complain about an airline. Where to file a complaint against an airline

No traveler who is faced with a delayed plane will describe waiting for boarding as a pleasant pastime. A business event, a long-awaited vacation, an important meeting is under threat. The passenger has to bear real losses if a profitable deal is disrupted due to a flight delay.

Thoughts about frustrated plans are complemented by the inconvenience of a long stay in the waiting room and general fatigue. The desire of the passenger to punish the culprit of his torment with a ruble is quite just. Following it, the citizen draws up a claim addressed to the airline for the allowed flight delay. But not always his sufferings are subject to monetary compensation.

Airline liability

The air carrier is found guilty of cancellation or if they happened for the following reasons:

the crew of the aircraft was not ready for a timely departure;
the company's management did not dock intermediate transfers (during transfer flights);
cancellation of a charter flight that is unprofitable for the airline;
overbooking, which led to the impossibility of accommodating all passengers who bought tickets on the plane;
in other cases, when the carrier cannot prove that the flight did not take place due to force majeure circumstances (including due to the economic problems of the airline).

If, due to the above circumstances, the passenger could not fly on time, he has the right to apply to the airline with a written claim and demand compensation for the losses incurred.

The point about overbooking needs a separate explanation. This concept hides a kind of “greed” of the carrier, his desire to sell more tickets than there are seats on the liner. This practice is based on statistics, which calculated that on average 5% of citizens who bought air tickets do not appear on flights.

Many carriers, not wanting to miss out on the extra benefit, sell an excess number of tickets that exceed the number boarding chairs. This is not done in the interests of passengers. If all the citizens to whom tickets were sold show up for the flight, some of them will not find a place on board the aircraft.

When the carrier is innocent

There are situations related to delays and cancellations of flights, in which the airline is released from liability to customers. And no matter how difficult the waiting for departure may be, passengers will have no reason to write. Such circumstances of the Civil Code (Articles 794, 795) and other regulations include:

airport workers' strike;
bad weather, threatening flight safety;
natural disasters;
hostilities;
protest actions;
the need to eliminate the defect of the airliner;
the order of the authorities.

According to article 401 of the Civil Code of the Russian Federation, failure to fulfill business obligations due to force majeure does not entail liability, since the violator is found not guilty.

However, in the event of a litigation, it is the airline that must prove that it objectively could not organize the planned departure. Financial problems of the carrier do not apply to force majeure circumstances.

Filing a claim with an airline

Now a claim to an airline for a flight delay or cancellation is drawn up by professional lawyers (you can contact a consultant). It is possible to cope with this task on your own, using the sample claim from the site as an example for the application. It became possible to file a complaint on the official websites of carriers by filling out a special form. Similar services are available on the website of Aeroflot, Lufthansa, Delta.

Complain about the delay domestic flight the passenger has the right within six months from the date of the incident. If the incident occurred on an international airline, the period for filing a complaint is extended to two years.

The complaint must describe in detail the violations committed by the company. The applicant must indicate:

when the tickets were purchased and for which flight;
What time was the flight supposed to take place?
when did it actually take place;
what costs the applicant incurred due to the delay (did not check into the prepaid hotel on time, was late for the tour, etc.);
what additional expenses he had to make (meals in a cafe, a long-distance call, payment for one more night in a hotel) - with a message of specific amounts.

After describing the facts of non-fulfillment of obligations by the carrier, the demand for compensation to the passenger for the incurred losses and payment of a fine for non-fulfillment of the terms of the contract follows. The applicant has the right to warn the airline that in case of non-satisfaction of the requirements on a voluntary basis, he will be forced to go to court.

Copies of the following are attached to the claim:

air tickets;
checks and other payment documents,
evidence confirming other losses - hotel reservations, excursion tickets, invitations to a seminar, etc.)

In the event of a flight delay, the passenger has a good chance of compensating for the losses that he had to suffer due to the carrier's shortcomings. All you need to do is file a claim, document as much as possible the expenses incurred during the long wait for departure, and also confirm other costs associated with late arrival.

If the trip started with a canceled or rescheduled flight, it always brings a lot of inconvenience. Starting with the fact that you simply lose time at the airport for rest, ending with the fact that because of this you can be late for an important meeting and lose money. The passenger has the right to file a claim with the airline for a flight delay according to the model, and receive monetary compensation, which will somehow cover his expenses, including moral damage.

In what cases compensation is not due

The legal side of the issue is regulated by the Rules air transportation. If the flight is delayed, passengers are entitled to a refund when filing a claim and may receive compensation. But this procedure is not always possible, since the cancellation or rescheduling of a flight sometimes does not depend on the carrier.

There are a number of cases where a flight cancellation claim will not be accepted:

disaster;
bad weather that threatens the flight;
employees' strike;
aircraft defect;
hostilities;
protests;
government orders.

Even if you have suffered significant damage due to the fact that the flight was delayed, this is not a reason to file a claim. The above situations arise through no fault of the carrier, and because of them, he also receives losses. Therefore, it is necessary to study all the conditions for filing an application for a late flight, so as not to waste time clarifying the circumstances and expensive legal services if the claim is not made by you personally.

Articles 794 and 795 of the Civil Code of the Russian Federation regulate the liability of carriers for non-compliance with the rules for the provision of services in full. And article 401 states that failure to fulfill obligations for a reason beyond the control of the contractor relieves him of liability.

Important! You can always try to write a claim to the airline for a flight cancellation or a delay. In the event of a litigation, the carrier's representative will have to prove that force majeure has occurred.

In what cases is compensation due?

There is a list of situations in which an airline's claim for a flight delay to an air carrier is accepted unconditionally:

the crew did not prepare the aircraft for a timely departure;
intermediate transfers were not connected, as a result of which passengers were late for the next flight;
the company canceled the charter, which is not economically profitable for it;
in cases where the carrier cannot prove his innocence.

Some companies may go bankrupt right during the holiday season. This happens due to the fact that the carrier is in debt and cannot pay off, his partners let him down, etc.

Important! Force majeure does not include the list of financial problems of the company, if the partners failed, and the carrier could not provide the service.

Some companies may sell 5% more tickets on a flight than there are seats on it. This is due to the fact that five percent of passengers do not come to the landing. This does not apply to cancellations, but if you find yourself in such a situation, you also have the right to file a claim with consumer protection.

Deadlines for filing an airline claim for a flight delay

The most important point is to be in time with writing a complaint for compensation for canceling or rescheduling a flight. Sometimes you have to start the application process right from the airport. If it is not possible to use the post office, you can send an email directly from the hotel so as not to miss the deadline of 7 days. This situation is common with charters, which are not very profitable for companies, and they are put in the lowest priority for shipment. As a result, about 30% of all flights end up being postponed or cancelled.

According to the rules of the Air Code Russian Federation, the deadlines for submission are:

6 months for domestic companies;
2 years for foreign flights within the country of the carrier;
7 days for filing if you are located in the Russian Federation or another country that is not the country of the carrier company.

How to file a flight delay claim

You can contact a professional lawyer who will help you write a claim for compensation payments. But usually on the websites of all major airlines there is a sample that you need to download and fill out. A request for a letter template can be obtained by e-mail by writing to the airline.

When writing a claim, you should describe in detail all the details of the violations that have occurred. You also need to write:

personal data of the compiler, contact details;
when the tickets and flight number were purchased;
When was the flight supposed to take place?
what time did it actually take place;
what expenses did the applicant have - being late for connecting flight, on an excursion, loss of paid days in a hotel, etc.;
the amount to be compensated;
baggage check;
all expenses incurred by the applicant due to the delay or cancellation of the flight - food in a cafe, hotel accommodation, etc.;
details of the account to which the funds should be transferred.

Important! Keep all receipts if you paid for accommodation and meals yourself. Also try to take a picture of the board, which contains information about the cancellation or transfer of the flight, there should be as much evidence as possible. It is necessary to attach a certificate to the claim for a flight delay or cancellation, which is issued at the airport.

Samples on the Internet will help you understand how to file a claim with an airline for a flight cancellation. It is necessary to fill in everything in a simple understandable language, without complex sentences, describing the facts as accurately as possible. Try to state the essence of the claim without emotional overtones, so as not to give the impression that an inadequate person is writing. It is important to state all the facts as accurately, clearly and to the point as possible, so that lawyers, if the case goes to court, can objectively evaluate your application.

How to calculate the amount of compensation if the flight is delayed or canceled

The amount of compensation in the territory of Russia does not cover the expenses actually received by passengers who are delayed at the airport against their will. But it must still be made when drawing up a claim to the air carrier for canceling a flight.

Calculation: the amount of compensation for a passenger who flew with a Russian airline, and the flight was late by 10 hours, will be 25 * 10 = 250 rubles.

Also, Russian companies are required to pay passengers 3% of the ticket price for each hour of waiting in addition to 25% of the minimum wage (100 rubles) also for each hour of waiting. By law, a passenger can write an application for tickets for another flight or a refund of the entire amount.

Here is an example of a calculation:

a ticket from Sochi to Moscow cost 2,000 rubles;
the flight was delayed for 4 hours;
the passenger will be refunded 3% of 2,000 rubles for each hour of waiting = 60 * 4 = 240 rubles;
he will also be refunded 25% of the minimum wage for each hour of waiting = 25 * 4 = 100 rubles;
the total amount of compensation will be 100 + 240 = 340 rubles.

Meager compensation does not cover the cost of writing a letter and paying for a lawyer. Therefore, when rescheduling a flight, many passengers do not waste time suing the airline and proving their rights for the sake of small sums. In such cases, the service is deferred. It makes sense to apply if you have returned tickets, received high costs, or in other situations.

For foreign companies, the amount varies depending on the number of hours of delay and amounts to a figure in euros from 250 to 1000. If the flight was canceled 14 days before departure and earlier, no compensation is due. These questions should be clarified directly when contacting the carrier's office or by e-mail. In addition to the fine, you will be paid all costs when providing checks.

American airlines provide assistance in paperwork. However, strict rules work here and claims are accepted only in case of overbooking.

Important! If the passenger was forced to buy new ticket, information together with checks must be stated in the application.

How to submit a claim

After sending the electronic version of the letter, you should duplicate it by mail. To do this, you need to print out the application, send it by registered mail with notification and wait for a response.

If the email that was sent to the post office is not duplicated, foreign airlines will automatically close the possibility of filing a claim after 7 days.

Important! Be sure to keep receipts and receipts from the mail that a letter was sent with a description of the attachments.

Claim response times

According to the rules of air transportation, passengers, if a claim was sent to cancel or delay the departure and landing of the aircraft, are given 1 month to respond. During this time, the legal department of the carrier company will review the letter, after which it will study all the facts provided and make a decision on accepting the claim or rejecting it.

In most cases, the issue is resolved quickly, the company approves the amount and sends it to the passenger's account. In this case, it is necessary to send the originals of all documents and account details to the specified address by registered mail. According to passengers, the time for receiving the compensation amount is about 3 months.

Important! In case of refusal, you should apply to the court to restore your rights. To do this, you need to collect all the documents: checks, photocopies, photos of the scoreboard, other evidence of a flight delay or cancellation and draw up a statement of claim.

The service sector is not complete without violations of consumer rights, so everyone needs to learn how to defend their rights. Airlines are least interested in paying passengers a penalty associated with financial costs and inconvenience. Therefore, it is necessary to independently study the essence of the issue and the norms of the law in order to defend your legal rights in the event of a flight cancellation or postponement.

Where to complain about the airline when it provides dishonest services to customers? A similar issue becomes especially relevant during the summer holiday season, when millions of our fellow citizens are forced to use the services of air carriers. The rules for the carriage of air passengers and their baggage in our country are regulated by a special set of standards - the Air Code (FAP).

There can be several reasons for filing a complaint against an air carrier. The most common situations are:

Flight delay due to the fault of the airline.
In the event of a long flight delay, the airline did not provide its customers with hotel accommodation and hot meals.
Employees of the airline went beyond their official powers.
Flight cancellation for reasons other than force majeure.
Without good reason, company employees refuse to serve a client.

In case of the above violations, a complaint against the airline may be submitted to several instances. These include:

Society for the Protection of Consumer Rights.
Rospotrebnadzor bodies.
Agency air transport(FAVT).
Prosecutor's offices.
Courts.

Consider how to file a complaint against an air carrier with each of these supervisory organizations.

This organization is designed to identify violations of established standards in the provision of various services to consumers. The OZPP has the right to conduct inspections on the applications of citizens who have suffered from the actions of unscrupulous sellers, manufacturers, service providers. Based on the results of the inspection, the employees of the OZPP draw up an act listing all the identified violations, which is submitted to the bodies authorized to impose a penalty - the prosecutor's office, the court, industry supervisory organizations.

There are several ways to file a complaint with the Society:

By sending a written claim to the address of the regional branch of the OZPP. To do this, use a registered letter with a notice of delivery of the item to the addressee. So you will be sure that your complaint about the air carrier has reached the right address and has been accepted for consideration. It is advisable to attach any accompanying documents to the application confirming the correctness of your claims against the airline - photocopies of tickets, acts of damage or loss of luggage, and so on.
Contact the local branch of the "Society" by phone, reporting the violation. In this situation, it is also possible to obtain advice from specialists regarding the procedure for collecting compensation from the air carrier.
By e-mail, by sending a drafted complaint either as a letter or as a digitized document. Email address - [email protected].
When visiting the OZPP office in person. You can make an appointment with the authorized person in advance, by phone.

Rospotrebnadzor was established not so long ago - in 2004, by combining the sanitary and epidemiological service and the trade inspection. The organization performs very wide range powers - from supervising the quality of services in the field of trade, and ending with ensuring control over the sanitary and epidemiological situation in public places. There are branches of Rospotrebnadzor in each subject of the federation.

The powers of this federal body are much broader than those of the consumer protection society. Thus, Rospotrebnadzor has the right to suspend the activities of any commercial organization operating in the consumer market if it finds serious violations of the current regulations for the provision of services or the provisions of sanitary and hygienic standards. You can also contact the Federal Service in several ways:

Personal appeal to an authorized employee of the service. During a conversation with a specialist of the supervisory authority, the applicant can either verbally state the essence of his complaint, or submit a pre-compiled application with claims against the actions of the airline. The filed complaint is registered in the register, after which the consideration of the application on the merits of the case is initiated.
By phone, you can, having stated the essence of the claim, get advice from a Rospotrebnadzor specialist on the eligibility of your claim, the procedure for drawing up a written complaint, and the algorithm of actions to protect your consumer rights.
By sending a written complaint about the actions of the airline to the territorial body of Rospotrebnadzor. You must attach all the evidence you have that you are right to the complaint.
Through the official website rospotrebnadzor.ru, section "Appeals". To do this, you will need to fill out the electronic form offered on the site. Another option for filing a complaint against an air carrier via the Internet is using the online portal "Gosuslugi". If the applicant is authorized, such an electronic appeal is automatically considered as a basis for verifying the legitimacy of the airline's actions.

Rosaviatsiya, also known as the federal agency for air transport, is a special division of the Ministry of Transport of the Russian Federation, which is in charge of all aspects of air transportation and related additional services. With the help of the FAVT, government agencies regulate, oversee and manage the air transport industry. Territorial branches of the Federal Air Transport Agency are available in each federal district, as well as in the largest regions. In total, there are 15 local branches throughout the country, covering the entire territory of Russia with their activities.

The FAVT is responsible for all aviation companies that provide commercial services on both domestic and international airlines. The Federal Air Transport Agency has the right to take action against air carriers that violate the rules air code, various disciplinary measures, up to license revocation. You can file a complaint with the Federal Air Transport Agency in the following ways:

By mail, by sending a written complaint by registered mail to the local branch of the FAVT.
Using the Internet, by sending an email with a claim to the mailbox [email protected] or by leaving a complaint on the official website www.favt.ru/obrawenija-grazhdan.
By calling the specialists of the territorial office of the Federal Agency for Air Transport.
By personally visiting the office of the Federal Air Transport Agency, and setting out to the Agency's employees the essence of your claim, or by submitting a paper with a complaint against the airline.

Appeal to the judiciary or the prosecutor's office is an extreme step, when the appeal to the relevant authorities did not give any significant results. Either the airline's client has suffered some physical, material or moral damage, and intends to claim compensation from the airline with the help of the justice authorities.

An application to the Prosecutor's Office can be submitted:

By registered mail.
Personally visiting the district prosecutor's office at your place of residence.
Through the official website of the district prosecutor's office, using the online reception.

To initiate a lawsuit, you will need to draw up and submit a statement of claim to the court secretariat. At the same time, it is important to observe the rule of jurisdiction of the case: if the amount of the claim is less than 50 tr, then the claim is sent to the Magistrate's Court, if it is higher than the specified amount, then to the district or city. Together with the claim, in which the illegal actions of the airline employees are clearly and clearly stated, the following should be submitted:

State fee receipt.
Documents confirming attempts to pre-trial settlement of the problem - a photocopy of the appeal to the air carrier demanding payment of compensation.
Documentary evidence of damage caused by the actions of airline employees.

After filing a complaint against the airline in any of the listed instances, it must, within the time limits established by law, begin to verify the facts stated in your application. The employees of the supervisory authorities are obliged to notify the complainant of the results of the inspection. If they violate the deadlines for considering the application, it is recommended to apply to higher authorities with a complaint about the inaction of employees of these organizations.

Movement by domestic and foreign airlines they cost a pretty penny and can get on your nerves a lot. Loss of baggage, delayed departure, delay, check-in denials, "non-existent" tickets in the system, etc. - all this can ruin a vacation or a business trip, in which there is absolutely no time to think about problems. It is on haste and unwillingness to do something that airlines play, knowing that a person would prefer to get by with little bloodshed instead of filing claims or going to court.

But in vain. Indeed, in the event of real violations, it is quite simple to punish the carrier.

Foundations

When buying a plane ticket, you enter into an agreement on the provision of services to you for money. As a rule, the payment made indicates that you have agreed to the terms of the provision of such services. Airlines often have different standards for different categories of tickets, but you can complain if, according to the contract and the conditions of the airline itself, you were not provided with a service or provided to the wrong extent.

Therefore, complaints to the air carrier often include the following situations:

Cancellation of a flight without notice, recalculation or provision of a seat on another flight of the same destination. As a rule, when buying, you must be informed of the company's obligations in such cases - if the flight is canceled due to the fault of the airport or some kind of cataclysm, a complaint can affect the refund of the full ticket price. However, more often than not, companies will rebook you to another available flight within the same price category - if the price is higher, you are not required to pay;
Flight delay above the norm, as well as non-provision of mandatory services during the waiting period by the airline. The law establishes special rules in case the flight is delayed. Thus, waiting for more than two hours obliges the airline to provide free drinks to customers, more than 4 hours - to provide a free hot lunch, more than 6 hours (during the daytime) - to provide free number In a hotel. Usually these rules are specified in the rules of carriage, and if they are violated, filing a complaint is a valid action;
Your luggage has been lost, as a result of which you have spent money on finding it or buying new things;
You were not put on a flight and were not given a seat on a similar one within the next 12 hours if the company sold more tickets than seats on the plane;
Your electronic ticket was lost, but the airline staff could not print you a new one, because you are not "in the database". When switching to electronic tickets, you don’t even need to take printouts with you - just a passport, on which the reservation was made. However, some airlines take advantage of this to take money for nothing, and the customer at the check-in counter finds out that their ticket does not exist. This is a direct violation of your rights;
You were not provided with a special meal on board, although you informed the airline about this when purchasing your ticket;
Misprints were made in the electronic ticket, as a result of which you were not allowed on board;
If there was a proceeding at the check-in desk, because of which you were late on board;
If the plane was late to the docking point, and you did not have time for the next segment of the route;
The airline refuses to refund the money for the ticket according to its own rules that you followed;
When returning the ticket, you were charged a commission that was not announced in advance in the rules of transportation;
The airline did not inform about the baggage rules;
Rudeness, rudeness, threats or negligent attitude of airline employees.

As you can see, a disruption can occur at any time during your journey, as air transport involves a huge number of people and technical systems. Both of them are capable of failing.

Where to complain

All claims against the carrier must be filed within 6 months of the date the violation or your flight occurred. At the same time, you first need to try to resolve issues with the airline itself, no matter how skeptical you are about this prospect. This procedure will allow you to collect additional evidence of violations of your rights, and also - in some cases - really solve the problem quickly, because major airlines claims and inspections of higher authorities are not needed.

So before going anywhere else, need to call to hotline carrier. This is especially necessary if the violation occurred in the airport building - for example, you are not allowed on the flight, or food and drinks are not provided during the delay. Hotline numbers are indicated at the counters of airlines, and representatives at check-in are also required to provide them upon request. Also, this information can be found on the websites of air carriers.

When calling keep a calm tone - speak clearly, intelligibly, provide the information that you have(your booking number, airport, flight, problem encountered, name of offending employee). Typically, such conversations are recorded, so they have the weight of an ordinary written complaint. If you decide to complain after your trip - whether it took place or not - it makes sense to file an appeal in writing addressed to the company's management. On one of the copies, the representative of the carrier is obliged to put a signature on the acceptance of the complaint, but often this does not happen. In this case, the appeal should be sent to the legal address for letters (usually indicated on the website) - using a registered letter of the Russian Post.

Some airlines also allow you to apply through online forms on their websites. However, remember that such complaints are not official unless you are asked to enter your full name (anonymous complaints can be ignored, according to the law) and other details.

As a rule, it will be necessary to attach to the complaint copies of additional documents, records of conversations, checks and - necessarily - electronic ticket. Do not send originals, as this may result in the loss of the only evidence of wrongdoing.

Rospotrebnadzor

Since the carriage of passengers is a service provided to the consumer, any violations in contractual relations with the carrier are also regulated by the law "On Protection of Consumer Rights". Therefore, if your rights are violated under the service agreement, you have the right to send a complaint to the territorial Rospotrebnadzor to check the situation and issue a decision to the airline. You can do it like this:

In person - at your place of residence. If the territorial subdivision cannot consider such a complaint, it is obliged to redirect it within 7 days to a higher body of Rospotrebnadzor for this;
By registered mail - at the place of your residence, the registration of the airline or in central authority. If you don't know where to turn, write to your local office or central authority, but be prepared to wait a little longer for a response;
An online application is the most convenient method, however, it is limited by the number of documents that can be attached, as well as the available volume of the application (2000 characters).

State authorities consider the complaint within 30 days.

Federal Air Transport Agency

It has the authority to issue and revoke licenses from airlines, so you need to apply here when the carrier’s offense is really serious, endangers the material and moral well-being of a person, or violates general laws and regulations of transportation.

You can send letters to the agency’s address in Moscow or contact in person: Leningradsky prospect, 37, building 2.

The agency does not deal with the issues of compensating you for monetary damage - it only punishes an unscrupulous airline with fines, sanctions and a ban on flights to certain destinations.

Court

Most situations with carriers require judicial intervention, as they involve the payment of compensation to customers. Such disputes are considered by the Justice of the Peace at the place of your registration - only if the amount you want to claim under the law is less than 50 thousand rubles. If the claim was valued at a large cost of a possible payment, one should apply to Federal judges.

Due to the complexities and numerous regulations within airlines, it is recommended to hire a good lawyer - if you win the case, the cost of it will be more than covered by the payment of compensation for your expenses.

Info

Appeal through the official website involves filling out a specific form in which you must specify the essence of the appeal and indicate your data. In order to inform the applicant about the results of the check upon application, contact details must be provided.

Contacting the Federal Air Transport Agency

You can access this structure in the following ways:

With a formal letter. A written appeal is registered within three days. After that, it is considered by the relevant departments for the presence of a violation of consumer rights. All documents confirming the fact of using the services of the airline and evidence of violation of rights must be attached to the appeal.
Sending an application by mail [email protected] . The letter must be accompanied by all documentation that may be required to prove the fact of violation.
Online at favt.ru/obrawenija-grazhdan/. In the case of this appeal, you must fill out the appropriate form.

Prosecutor's office

In the event that the client has financial losses due to the actions of the company, you can contact the Prosecutor's Office if previous attempts to resolve this problem have not yielded results.

Court

A client wishing to receive compensation for non-pecuniary damage must apply to the court. If the amount of compensation is less than 50 thousand rubles, then the statement of claim must be submitted to the Justice of the Peace, otherwise the application must be submitted to the Civil Court for Human Rights. Statement of claim similar to appealing to the prosecutor's office, but must contain decisions of all instances to which the client applied.