Delayed charter flights for today. The Russians staged a charter nightmare
Situations where both charter and regular flights on popular tourist destinations Departure late is not uncommon. I hope that my answer will be useful not only to those who buy a full tour package, which already includes the cost of the flight, but also to those who book tickets on their own.
In accordance with Art. 9 of the Federal Law "On the basics of tourism activities" the tour operator is responsible for the actions of suppliers who provide services included in the tourism product. However, in accordance with the same article, the tour operator is not responsible for the actions of service providers, if there are special legal acts that directly provide for their responsibility. In this case, there are such acts, these are the Air Code and the Federal Aviation Rules, which provide that in the event of a flight delay, the air carrier is responsible for all property and moral damage caused to the passenger.
If you booked and bought tickets on your own, you will need to prove that your rights have been infringed. To do this, you need to create a package of documents:
air ticket with a note about the flight delay (or its cancellation);
a certificate indicating the reason for the delay in departure;
documentary evidence of all independent costs: checks, invoices, etc.;
a ticket that had to be purchased due to being late for a scheduled connecting flight.
After that, submit a claim to the airline in writing, attaching copies of documents confirming the right to compensation. If the appeal was ignored or the perpetrators refused to compensate for the costs, you can sue them.
And who will answer to the tourist if, for example, due to a late departure, he actually lost a whole day of paid rest, or, as we see from the letter, two whole days?
According to the law "On the basics of tourism activities in the Russian Federation", the terms of the tour are an integral part of the contract. And any change in travel dates must be agreed with the tourist. So you can send a claim to the tour operator - most likely, it will be satisfied. But even here there are nuances. Travel time is agreed on dates, not hours. And if the tourist arrives at the place of rest not in the morning, as expected, but in the evening - having lost the light part of the day, but still on the date specified in the contract, it will not be possible to receive compensation.
A tourist, buying a tourist product with air travel included, draws up a deal with a number of documents. One of these documents is an agreement between him and the air carrier (ticket), which regulates all aspects of the provision of air transportation services. It states that the airline is responsible for any flight delay. The same provision is spelled out in the regulatory document on flight delays - the Federal Aviation Rules, approved by order of the Ministry of Transport of the Russian Federation of June 28, 2007 No. 82.
However, there is a resolution of the plenum supreme court RF dated June 28, 2012 "On the consideration by the courts of civil cases on disputes on the protection of consumer rights", which clarified the responsibility of the carrier and operator for the services they provide:
paragraph 50 When applying consumer protection legislation to relations related to the provision of tourist services, the courts should take into account that the responsibility to the tourist and (or) other customer for the quality of fulfillment of obligations under the contract for the sale of the tourist product, concluded by the travel agent as on behalf of the operator, and on its own behalf, the tour operator is responsible (including for failure to provide or improper provision of services included in the tourist product to tourists, regardless of who should have provided or provided these services), if federal laws or other regulatory legal acts Russian Federation it is not established that a third party is responsible to tourists (Article 9 of the Federal Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activities”).
In this regard, draw the attention of the courts to the fact that, for example, in cases and disputes arising in connection with the implementation of charter air transportation passengers as part of the execution of an agreement on the sale of a tourist product, the proper defendants and the executor of the transportation agreement with the consumer are recognized as the tour operator, which, in accordance with paragraph 2 of Article 638 of the Civil Code of the Russian Federation, has the right, without the consent of the lessor, under a lease (charter for a while) vehicle enter into transportation contracts with third parties on its own behalf.
Thus, the new regulation actually divided the responsibility between the carrier and the tour operator for different types of transportation. For scheduled transportation, the carrier is responsible, as provided for in the Air and Civil Codes. But the charter is run by the tour operator and make claims
now it will be necessary to go to him, as stated in the second paragraph [clause 50 of the Resolution], but the documents that must be submitted to the tour operator will remain the same as for self-booking.
In this regard, the question arises: who then will be responsible for ensuring proper conditions for passengers while waiting for the departure of a delayed flight? So let us recall that the obligation to provide accommodation and hot meals to passengers lies with the air carrier in accordance with the Federal Aviation Rules, and no one has removed it from him and is unlikely to remove it. The carrier still performs this function, and the operator will be responsible to the tourist, since charter transportation is part of the tourist product.
So do not be afraid and demand money for your ruined vacation, because you earned it for a whole year.
Impressions from a long-awaited vacation may be blurred through no fault of yours. Reports of long flight delays and outraged passengers whose rights have been violated appear regularly. It is important not to forget that the procedure for both tourists and airlines is clearly regulated. About how to behave and what you can count on if you find yourself in an unpleasant situation, we will learn from the head of the legal department of Persona Grata Legal Agency LLC Irina Dotsenko.
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In accordance with paragraph 99 of the Rules for Air Transportation, in the event of an interruption in transportation due to the fault of the carrier, as well as in the event of a delay or cancellation of a flight due to adverse meteorological conditions, for technical and other reasons, changes in the route of transportation, the carrier is obliged to arrange for passengers at the points of departure and intermediate points for the following services:
- Provision of rooms for mother and child to a passenger with a child under the age of 7;
- Two phone calls or two emails when 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;
- Providing hot meals while waiting for the departure of the flight for more than 4 hours and then every 6 hours during the day and every 8 hours - at night;
- Accommodation in a hotel while waiting for the departure of the flight for more than 8 hours during the day and more than 6 hours - at night;
- 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.
These services are provided to passengers at no additional charge. The flight departure waiting time starts from the flight departure time specified in the ticket.
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It is quite realistic to receive compensation from the airline in the event of a flight delay and failure to provide the services required by law.
And here is what you need to do for this:
Firstly, the passenger needs to contact the airline representative at the airport (airport employee at the information desk) and receive a document confirming the flight delay (as a rule, a note about the flight delay is put on the itinerary receipt or boarding pass). Next, you need to collect all checks confirming the expenses you incurred due to the flight delay, and upon arrival at your destination, send a claim to the airline demanding compensation for moral damage. If the airline refuses to satisfy your requirements on a voluntary basis, you can go to court.
According to the Federal Law of April 3, 2017 N 52-FZ, Russia joined the 1999 Montreal Convention on the Unification of the Rules for International Air Transportation, which has already been ratified by more than 120 countries. What will change for air passengers?
Rospotrebnadzor reports that bringing air legislation in line with the norms of the Montreal Convention will significantly improve the rights of consumers of services in the field of passenger air transportation by raising the upper limit of compensation paid for violations of transportation rules.
If, according to the Air Code of the Russian Federation, the company's liability for damage due to a flight delay is 1875 RUB for each hour of downtime (but not more than 50% of the ticket price), then under the new rules, compensation will be limited not to half the cost of the ticket, but to the amount of 332 thousand .RUB.
The amount of compensation for the loss of luggage by the carrier currently cannot exceed 600 RUB per 1 kg (for luggage) and 11 thousand RUB for hand luggage in the event that the value of the baggage cannot be accurately determined. According to the Montreal Convention, the carrier's liability in case of destruction, loss, damage or delay is limited to about RUB 78,000 per passenger.
The amount of compensation in case of damage to the life and health of a passenger under the Air Code of the Russian Federation cannot exceed 2 million RUB. The Montreal Convention raises the specified limit by almost 4 times and provides that in respect of harm to the life and health of a passenger, if it does not exceed the amount of about 7.8 million rubles, the carrier cannot exclude or limit its liability.
As a result of the long delay, the rest time at the resort has been reduced. To whom should tourists address the claim?
In the event that the flight is charter, the claim is sent to the tour operator. When it comes to flight regular transportation, the claim can be sent to either the tour operator or the carrier.
What are the chances of getting compensation for a delayed flight?
By virtue of paragraph 1 of Art. 28 of the Law of the Russian Federation "On Protection of Consumer Rights", the passenger has the right to demand full compensation for losses caused to him in connection with the violation of the terms for the provision of services. In accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount. Damages are understood as expenses that the person whose right has been violated has made or will have to make in order to restore the violated right.
Based on Art. 15 of the Law of the Russian Federation "On the Protection of Consumer Rights", the moral harm caused to the consumer as a result of the seller's violation of the consumer's rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection is subject to compensation by the tortfeasor in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.
From October 29, new initiatives of the Ministry of Transport should come into force, according to which airlines will be severely punished for delaying charter flights. In particular, for this they will generally be prohibited from committing international flights: Rosaviatsia will make appropriate changes to the air operator's certificate.
For charter airlines this will actually mean in most cases a complete halt of activity, since it is abroad that the vast majority of charter flights are made. For conventional airlines, the cessation of international flights will also be a serious blow to revenue.
True, it is not yet clear exactly how many flights and for how long need to be delayed in order to fall under sanctions, and it is important not to go too far: for example, since regular flights have priority over them, and at busy airports, for example, in Moscow, waiting for a slot for departure can take several hours.
However, serious flight delays most often arise due to the lack of the required number of serviceable aircraft: the fleet size of charter airlines is usually small, and due to the breakdown of one or two aircraft, rolling flight delays occur. The reasons may not be in breakdowns: for example, in the summer, mass delays in VIM-Avia flights occurred due to the fact that the airline received planes later than scheduled; a year ago with a similar problem.
The Federal Air Transport Agency publishes delay statistics on a monthly basis separately for regular and separately for charter flights, taking into account serious delays (more than 2 hours) due to the fault of airlines. Delay rates for everyone who is more or less seriously involved in charter flights are significantly higher than on regular flights. So, if on the regular season at large companies in July this year 1-5% of flights were delayed (UTair 1.09%, Pobeda 1.47%, Aeroflot 2.65%, Russia 3.42%, S7 Airlines 4.62 %, only Ural Airlines 10.65%), then charter flights have completely different figures: Rossiya has 7%, Azur Air (the largest market player) has 7.9%, Royal Flight has 8%. " North wind” delayed 9.6% of flights, VIM Avia 13.8%, iFly 19.3%, and Red Wings - 21.8%.
Now the Federal Air Transport Agency will also have to check the ability of carriers to carry out the declared volumes of charter flights, and only after that tour operators will be able to conclude charter agreements with them, Izvestia writes.
“This is for the doctor,” Andrei Kramarenko, a researcher at the Institute of Transport Economics and Transport Policy at the Higher School of Economics, laconically comments on the situation.
“In fact, not only charters, but also regular flights can be delayed. Most often this happens on objective reasons: bad weather or prolonged maintenance. But there is a caveat: in case of a long delay, passengers of a regular flight will most likely be provided with another vessel, but passengers of a charter flight will have to wait until their plane is served. Airlines, of course, are interested in resolving their force majeure as soon as possible so as not to receive a delay penalty. But passengers should also know their rights: for example, if they are delayed more than 2 hours, they have the right to demand food and soft drinks. Strict regulation of charter flights will save lost vacation days for tourists (and, most importantly, nerves), as well as save the airline from unnecessary expenses on fines and compensation to passengers, ”comments Aviasales representative Janis Dzenis.
Indeed, there are enough companies in the world that specialize in the prompt provision of reserve aircraft with crews in case of technical problems, but for charter flights this service is not used because of economy.
“In order to be able to implement any measures, clear criteria are needed. What criteria have been chosen? this moment dont clear. The announced measures are theoretically already in the arsenal of the regulator and, if necessary, can be applied to negligent carriers to one degree or another,” Anastasia Matyushina, PR Director of AZUR air, comments.
Flight delays- This is a common occurrence in the work of air carriers. Passengers who have to fly frequently face this all the time. The reasons for this phenomenon can be completely different - from non-flying weather to technical problems.
To date, the legislation of most countries, including Russia and Europe, stipulates the liability of airlines for a flight delay. Liability arises even in cases where the cause does not depend on the carrier.
Passengers who find themselves in such a situation are provided with a place in a hotel, meals, communication services, and drinks. But most importantly, such passengers are entitled to a cash payment.
List of documents for monetary compensation
In order to receive payment for a flight delay, you must submit a claim to the carrier in writing. Documents (copies) confirming the right to monetary compensation are attached to it. These are the following documents:
- Flights with a mark from the airport services about the fact of a flight delay. It can also be certificates that are assured by representatives of the airport or airline.
- Receipts, cash receipts, which confirm the amount of expenses incurred.
You need to know that if the flight was delayed by domestic flight and the carrier company, respectively, is Russian, then all claims will be accepted for consideration in accordance with the legislation of the Russian Federation. If the carrier is an airline of another country, but the flight is delayed on the territory of the Russian Federation, claims are also considered according to Russian law. But if the flight is delayed on the territory of another country, the situation will be considered according to the laws of the country where the incident occurred. In this situation, it does not matter whose airline.
Cash compensation for a flight delay in the EU
In the European Union, the regulation of relations between a passenger and an airline is prescribed in Regulation No. 261/2004 of the European Parliament and the Council of the EU. According to the text of this document, the airline pays compensation for a flight delay, its amount depends on the time of delay and the distance of the flight.
Cash compensation for a flight delay in Russia
In Russia, such situations are dealt with by Article 126 Air Code RF. According to the article, the passenger can file a claim within six months from the date of arrival. This can be done by registered letter, with a full list of attached documents, or in person. It is better to keep a copy of the claim and receipts proving the sending of papers for litigation. You should go to court if the perpetrator refuses to pay compensation or if there is no response to your appeal.
The court will need the following documents: statement of claim, a ticket with a note about the cancellation of the flight (or its delay), a written claim to the air carrier, documents confirming the cost of food, accommodation, cellular communications.
Regular flights and charter. Is there a difference in liability for a delayed flight?
The question often arises, are there any differences in the actions of injured passengers if the flight was a charter one? First you need to understand what is the difference between a charter and a scheduled flight.
Regular flights - regular flights on a fixed schedule. In the case of international flights, all disputes are governed by intergovernmental regulations. At any ticket office you can find instructions for booking, selling tickets, as well as for canceling flights.
Charter flights- these are flights that are organized according to a charter agreement between the airline and the tour operator. These flights often do not have an exact departure schedule (accuracy up to 3-5 hours). Tickets for charter flights are bought from a tour operator (owner of the charter), you cannot buy such tickets at ticket offices.
Air ticket- this is an agreement between the passenger and the airline that the carrier is obliged to deliver the passenger and his belongings safe and sound, and the passenger, accordingly, pay for these services.
The Air and Civil Code of the Russian Federation stipulates that the airline is responsible for the cancellation or delay of a flight. Thus, there is no difference which flight is delayed or delayed. In the event of a flight delay, the carrier must provide the passenger with a set of services prescribed by law, and in some cases also pay compensation.
What is a Russian airline obliged to do in case of a flight delay in the Russian Federation?
If the flight was delayed by more than 2 hours:
- The airline is obliged to provide the opportunity to make a phone call (including abroad) or two messages by e-mail.
- Required to provide refreshments.
If there is a flight delay of more than 4 hours:
- Hot meals are provided.
- Further, hot meals should be provided every six hours during the day and eight hours at night.
If the flight is delayed by more than 6-8 hours:
- Hotel accommodation during the day if the flight delay is 8 hours, at night if 6 hours.
- Free transport from the airport to the hotel.
All of the above services are provided free of charge, regardless of whether the charter or regular flight is delayed.
Air travel has long been included in everyday life person. Traveling by air is more convenient, takes less time, and of course, takes less effort. For the maximum short time you can be anywhere in the world. No other mode of transport is able to offer such a speed. And if you plan your trip correctly, having previously found out all the nuances, then the cost of a plane ticket can be very pleasant.
With each new day, more and more people give their preference air transport. And this is not surprising, because the positive aspects of this method of movement are visible to the naked eye. The number of airline customers is growing rapidly every day. During all this time, a certain part of the people were able to experience such a problem as a flight delay. She is no longer surprised. An airplane is a complex mechanism, and in order to lift this machine into the air, it is necessary to agree on a number of facts. Any mistake or even the smallest malfunction leads to the flight delay problem.
The most common reasons for flight delays will be described below. There are quite a lot of similar situations, so they can be classified into separate groups.
Meteorological situation
There can be quite a few reasons for this. The weather is a very unpredictable thing, and even weather forecasters cannot always provide an accurate forecast. Due to such reasons, the flight may be delayed, or the vessel may have to be treated with special means before departure. The use of such funds also requires time.
Very often a situation arises that one airline delays a flight until the weather stabilizes, while the other calmly continues to transport passengers. Some do not understand the reasons for such behavior, others are trying to find what is the personal benefit for the company. In fact, the explanation is more than simple, each company has its own air machines, which differ in model and configuration. Each aircraft has its own temperature threshold and operating conditions. Therefore, all recommendations are clearly implemented, and the company tries to take care of its passengers as much as possible.
Identified malfunctions of the airliner
The aircraft is quite a complex mechanism, in the work of which even the most insignificant trifles are of great importance. Before takeoff, the ship is checked in all respects. Identification of minor breakdowns is eliminated on the spot, it is natural that these types of work also require time. If the failure is more serious, the aircraft is taken off the flight and a replacement is sought. Such situations are rare and are included in the list of emergencies. But all the same, passengers will be delivered to the desired destination.
Most airlines really don't like it when situations like this come up. After all, such delays always leave their mark on the reputation. In most cases, the delay is due to minor repairs. Having learned about the malfunctions of the aircraft, any passenger can panic, so the administration prefers to name other reasons for the flight delay.
Airliner late arrival
This is the most common reason for the airport administration. After all, it sounds harmless and does not cause much suspicion among passengers. Therefore, very often at airports you can hear just such a justification for delaying flights. But what is alarming is that in certain cases such a reason is not true.
Interruption of ground services
Flight delays may occur between arrival and departure. It is in connection with this that various kinds of problems can arise. The reasons for this delay are incalculable. In most cases, the human factor plays a role. This may be the delay of the attendants, prolonged cleaning in the aircraft cabin, or a long unloading of the luggage department.
In such situations, the flight delay does not last too long, the maximum it can take is about 30 minutes. Usually such a time does not cause much panic among passengers. Everything happens without nerves, and the reasons are quite reasonable. In the event of more serious situations, when the flight departure is delayed due to disruption of ground services for more than two hours, then each passenger has the right to demand a refund of part of the ticket price.
Passenger rights
If the flight is delayed, but the passengers did not hear the announcement justifying the delay, then the first thing to do is to contact the employee at the check-in desk. In most cases, the passenger does not receive a clear answer to the question posed. Most often, you can hear some common reasons that should not cause unnecessary excitement on the part of people. And this is logical, because any company values its reputation.
Actions of citizens
No matter how the situation develops, a conscious passenger must make a special note on the flight delay on his ticket. It is this mark that will give grounds to demand a discount or even refund the money for the ticket. It is this right that is guaranteed to every passenger in the event of a long flight delay.
Special rights of air passengers are noted in case of a flight delay from 30 minutes to 2 hours. The airport administration is obliged to provide free luggage storage, as well as to ensure free stay of women with children in a specially equipped room.
Rights in case of a flight delay from 2 to 4 hours guarantee the possibility for passengers to make two calls to anywhere in the world. These calls must be paid by the airline. Free distribution of cold or hot drinks is also guaranteed.
A flight delay of 4 to 6 hours provides for free distribution of food at intervals of 6-8 hours.
If the flight is delayed for more than 6 hours, the airline must provide passengers with a place to sleep. Naturally, this cannot be a waiting room. The company is obliged to pay the hotel and all transportation costs.
Compensation
Be that as it may, in any case, the delay in departure is the fault of the transport company, even if the cause was. Each passenger can reimburse part of the ticket price. The maximum part of compensation is 50%. But at the same time, the administration is obliged to pay all the cash costs of the passenger while waiting for the flight. It can be anything - paying for tickets for other modes of transport, paying for visits to various entertainment venues, paying a bill in a restaurant or cafe. The only caveat is that the passenger must provide all checks, otherwise the refund will not be made.
Special cases
If the passengers went on vacation, and the ticket is included in the total cost of the tour, then you can make a claim for payment for the missed vacation days. If the application is not submitted within 20 days, it will not be considered in the future. Sometimes a flight involves a transfer, which is performed by one airline. Naturally, the passenger will not be in time for the proposed second plane. Therefore, upon arrival, the administration must take care and place the passenger in another aircraft absolutely free of charge. Moreover, if a person was flying in economy class, and there are only seats in business class, then he must be put in a department advanced level. If the situation happened exactly the opposite, then the company is obliged to pay the difference.
How should compensation be sought?
In this situation, you need to take care of the availability of evidence of a flight delay. The airport administration must request a certificate of aircraft delay. This paper must be stamped, justified reasons. A person while waiting for his flight can use any services. The main thing is to keep receipts, which will clearly show the time. You can go to a restaurant, rent a hotel room, and so on.
Such situations are resolved very quickly, because no carrier needs to create scandals. will affect future work, so it is desirable that the passenger be satisfied.
There are companies that may refuse to refund money. In such a situation, you can safely sue, attaching to the case all Required documents. To seek the return of money through the court - laborious process, but in most cases, the truth is always on the side of the victim.
In order not to get into an awkward situation, you should always have extra money with you. Indeed, in such unforeseen situations, they can be very much needed.
Actions in case of violation of the passenger's rights
This situation is very unpleasant, but leaving everything as it is is not an option. It is necessary to achieve justice and return the money spent. First you need to collect all the necessary package of documents, namely:
- Air ticket directly. It must contain the necessary marks about the flight delay.
- All checks and receipts for expenses that were needed due to the flight delay.
- A clearly written letter stating all claims and requirements.
All collected documents must be enclosed in an envelope and sent to the main office of the company.
If within 30 days the passenger has not received a response from the airline, then you can safely file an application with the court. And after some time, justice will be restored.
The rules and regulations described in the article apply to all types of flights. Even if a charter flight is delayed, the rights of passengers remain the same. The carrier bears the same responsibility. The consumer should receive quality service in any case.