What if you detained the flight to the plane. How to get money for lost luggage

According to Rosaviatsiya last year, Russian airlines made 788 thousand flights (regular and not regular). At the same time, the departure of 28 thousand flights was detained at least two hours. And according to the service of FlightStats.com, every day in the world is delayed from about 10 to 16 thousand flights. How to act in case of delay and what the passenger who did not precisely flourished on someone else's fault can qualify for someone else's fault. The site figured out what rights in the case of a flight delay is a passenger and what needs to be done to take advantage of them.

And feed and sleep

To begin with, the contract you enclose only with the airline (buy a ticket), and you have no legal relationship with the airport, so you do not owe the airport services in principle. If you fly to the Russian airline somewhere, then your basic rights are described in federal aviation rules (FAP-82). They are negotiated that when the flight is delayed more than 8 hours and 6 o'clock at night (regardless of the cause), you must be placed in the hotel. The rules of some airlines stipulate the hotel's star. And you can leave without an overnight if there is simply no suitable hotel in the city. Then nothing remains, except to buy food yourself, spend the night at the airport or try to find a hotel on your own.

You must be taken to the hotel, you also laid two calls or two hadones, drinks (both, and more when you delay from two o'clock), the room of the mother and the child, the food after four hours and then every six hours.

When the flight is delayed abroad, and you fly by a foreign airline - it is already subject to the laws of their country. For example, there is no single legislation in the United States, which would regulate all the obligations between the passenger and air carriers. It all depends on the rules of individual companies: so, Delta Airlines promises to completely return the cost of the ticket if the delay is more than 1.5 hours - the same rule acts when the passenger flows the dock through the company's fault.

As for airlines from the European Union, the right to drinks, food and the hotel have all passengers, which are delayed for two hours at least (with a distance of 1500 km), for three hours - for all transportation inside the EU and all flights from 1500 to 1500 to 3000 km, for four hours - all other passengers. If the delay is five hours or more, the passenger has the right to return the full cost of the ticket. If due to the European airline you are late for a connection route, you can also require a ticket to the start of the journey.

Russians are granted compensation for the flight delay. Miserer: the passenger of the domestic airline can "knock out" a few hundred rubles to themselves according to the law, but European is up to 600 euros (depending on the duration of the delay and flight distance). So, if your flight from Russia to Europe (performed by the airline registered in the EU) is delayed more than three hours, and the flight distance is less than 1500 km, then the amount of your compensation will be 250 euros. If the distance from 1500 to 3,500 km, then 400 euros, and if more than 2500 km is 600 euros. At the same time, if the delay is less than three hours, then compensation is not necessary, as well as if you were notified about the flight delay at least 14 days or if the company proposed an alternative flight along the same route and with the same departure time.

25 rubles per hour

According to the Russian laws (120th article of the Air Code), in an hour of delay. The passenger has the right to get 25% of the minimum wage for each hour of delay, but not more than 50% of the cost of a ticket. But for the minimum wage, 6204 rubles is made here (officially established minimum wage for 2016) - when calculating fines and gyrosal fees is equivalent to 100 rubles. 25 rubles per hour - such compensation can be required either in the representation of the airline (if you are in another country or in another city), or in the company's office.

In the event of a carrier failure, as well as for additional compensation, lawyers recommend going to court, there are almost 100% chances of checking the checks of checks, but the chances of compensation of moral damage and so on quite low. When the airline is chittitis and does not want to refund the amount, and you are ready to bring the case to the court, the fact of being late at the request of the Court may confirm in the State Corporation on the ATM (engaged in aeronautics).

By the way, Russians often go to the courts for compensation: from the beginning of 2016, with the use of Article 120 of the Air Code, there are dozens of decisions. For example, at the end of January, the Volzhsky District Court of Saratov confirmed the duty " Saratov Airlines"Pay passengers to 75 rubles for three hours of aircraft delay, as well as 800 rubles for moral damage.

But no one will have to apologize for money, feed, drink and laying sleeping in the case of force majeure, "circumstances of force majeure" (794 article Civil Code The Russian Federation), phenomena of a spontaneous nature (fires, drifts, floods) and hostilities. State bans on the flight to one or another country, strike employees of the company, a lack of fuel or other consumables are counted for Fors-Major. The same force majeure exceptions also operate in other countries, for example in the European Union and the United States.

Nestykovka

Long delays, from 12 hours to several days, are rare and are usually associated with a change in the daily flight plan of the company, a breakdown of the aircraft (and as a result, the other aircraft must be departed for passengers), the delay during the previous departure of a particular aircraft (reverse flights). If the delay is known in a few days, the airline notifies the passenger about this by call from the call center, email emails or SMS. If the ticket is bought using a mediation service, then the intermediary must be notified, and the airline itself.

If the flight detained and for some reason you are not suitable for a new departure time (for example, due to docking) - you can always give up carriage. According to FAP-82, it qualifies as a forced refusal to transport and the airline must offer you an alternative, convenient version of the carriage or compensate for the full cost of the ticket. It applies to non-return tickets: If you delay them, you can pass with full compensation.

First, you must first fix the delay from the representative of the airline (for example, it should make the appropriate mark in the ticket) and just in case, a certificate from the representative of the airport about the flight delay - she will need if you suddenly decide to bring the case to trial. If you bought a ticket in one of the sales offices, then the ticket refund is issued there. If online, you need to contact the service of the airline or mediator.

Another question is if you have a docking flight decorated for two different airlines - that is, this is not one ticket, but two different. The cost of the first, detained flight will be commemmed, and the second ticket is hopelessly lost. If the connection flight is decorated with a single ticket (and transportation is performed by one company or by code-Sheriangov), then the carrier must reimburse the cost of the entire ticket.

Visa surprise

This happens rarely, but it happens - the country's visa ends simultaneously with the date of departure from this country. Then not before compensation, just to fly. In theory, in such cases, the passenger should not leave the so-called pure airport zone. In major airports there are consular points at the points of pass through the State Granitsa (for example, the consular points of the Russian Foreign Ministry are located in Sheremetyevo, Domodedovo, Vnukovo, Pulkovo, etc.). There, the passenger who ended the visa and he did not have time to fly, in particular due to the delay of the flight, can promptly extend it for a day or two.

Now let's say, you are in the country passage and you do not have a visa of a transit state, and the flight has canceled for an indecent time (that is, it will not be possible to rear in the airport's clean zone without losing the nerves and unnecessary spending), then the airline can send you to The hotel, which is located in the transit zone. When this hotel is not, the airline may or negotiate with customs structures and place passengers outside transit zoneBut you will almost under house arrest. In the worst case (but not the worst) you will be left in the terminal, ensuring food and drinks.

In the preparation of the material helped: Andrei Kramarenko, independent aircraft use; Boris Rybak, Director of the Consulting Company "Infomost"; Vladimir Tasoon, President of the Association of Air Transport Operators; Alexander Cheban, blogger and traveler; Diana Ilyina, lawyer College of Lawyers "Group of Legal Consultants"; Oleg Aksuments, Director of the Institute of Air and Space Law "Aerohelp"; Anna Bazhina, spokesman S7 Airlines; Inna Kudryakova, lawyer of the Interregional Board of Lawyers; Natalia Kotova, air law lawyer; Maxim Fetisov, a spokesman for Aeroflot; Kirill Fami, General Director of Pososhok.ru; Konstantin Parfenenok, director of communications andgo.travel; Vladimir Starinsky, managing partner of the Starinsky, Cortago lawyers and partners.

It is impossible to provide everything in the world. You can buy the most profitable flight tickets, but at the same time do not fly, since already in the arrival hall it turns out - the flight is detained. This nuity is almost always conjugate for the traveler with a whole avalanquer of related problems, starting from where and what kind of money is to eat during a long expectation, and ending with how to get to the desired point of arrival, as the hotel is ordered there, it is important The event should have a transplant to another flight, etc.

And since few people have the abilities of clairvoyant of us, it will be useful at leisure to learn what to do if they detained the flight, as Panic and anger in such a situation are the worst advisers. First of all, the procedure for actions depends on what time the delay has occurred.

What to do a passenger if you detained the plane?

Even if the waiting time of the flight is small, let's say, 1 hour or a little more, should not let the case on samonek. It is necessary immediately after the announcement to go to the rack of information and require an explanation from the employee. Answer with such delays usually no, but the main goal of such a hike is to put a mark on the delay tickets. This will continue under any proceedings with indisputable proof.

The delay time and its causes can be any, but each passenger should know what to do if they detained the flight. This list includes:

  1. Providing place in the mother's room and child passengers with children under 7 years old.
  2. Reception for luggage storage until departure.

Freeing his hands from suitcases and spreading with children in a comfortable environment to expect a pending flight is incomparably more convenient. Further services The Carrier provides depending on the delay time.

If the flight is delayed for 2 hours And more passenger has the right to demand:

  1. Opportunities to make 2 free phone calls to anywhere in the world, as well as send 2 messages via the Internet.
  2. Drinks (water, tea, coffee, juices) in the required quantity.

If the flight was detained for 4 hours And more, then the list of requirements can be safely included:

  1. Hot food immediately, and then every 6 hours in the afternoon and 8 hours - at night.

If you detained the flight for 6 hours Or more, all flight passengers by the carrier must be provided:

  1. Place in the hotel until the very moment of departure. Hotel room All flight passengers are available in the afternoon after the delay of more than 8 hours, and at night after the delay of more than 6 hours. It does not matter how many times at the airport extended the delay declarations, the countdown is conducted on tickets.
  2. Transportation from the airport building to the hotel by airport transport.

All listed services passenger have the right to get absolutely free. In this case, any excuses do not matter, since the rules oblige the carrier to take care of customers under any circumstances. In cases where the flight is detained due to the fault of the airline, then it is no longer separated by the room in the hotel and hot lunch. All flight passengers are additionally due:

  1. 3% of the ticket price, multiplied by the number of departure delay hours (clause 5 of Art. 28 of the Law of the Russian Federation "On Consumer Protection").
  2. 0.25% of the minimum wage amount by the number of departure delay hours.

Total due to compensation, the passenger will be able to return to half from the cost of air ticket (Article 120 of the Air Code of the Russian Federation). Of course, if the departure has not happened, the passenger will receive back the cost of tickets, in addition to compensation due. All listed amounts of compensation are operating in Russia, but in the EU countries, they are significantly higher. In proportion to the flight time and distance passenger, who received a notice from the airline to cancel the flight less than 14 days before the departure date, can receive compensation to 600 euros.

Important: It's not worth waiting for too long if you detained the flight of the aircraft while the carrier pay a hotel or hot lunch. Pay all on your own, but save all payment documents: checks, receipts, since later money will be returned, but, however, through court.

Also do not worry because of transfers. If you had to transfer to another plane at the landing site, then the carrier is obliged to provide a place on the plane to another flight with the same arrival point. Pay extra new ticket Neither a penny will not have a penny, even if you are scented in a business class instead of economa. But if the ticket initially was bought in the business class, and the new one is offered only in economy, then you need to demand your money back!

How to get money from a carrier if you detained an aircraft?

To get everything spent back, you need to write a statement from your face to the airline, and ask to compensate all costs, as well as to pay compensation for delaying departure. To this statement, attach:

  • checks for the payment of hotel and food;
  • help with airport information rack about flight delay;
  • air ticket.

This claim is not necessarily urgently carrying somewhere, it can be sent to the legal address of the carrier by mail, but no later than 6 months later from the date of the detainee departure. Usually enough such claims to get the money back to the bank specified in the letter in the bank. If the answer never followed, you can safely contact the court, because the law is on your side!

If you had to fly on Turputevka, part of which were the cost of which were flights, then from the tour operator you can additionally refund money for the paid days that you spent waiting for departure. This claim needs to be hurried to submit to the tour operator's office for up to 20 days from the date when the signed service contract is ends.

Where to complain?

For the passenger, it matters with the airline of which country he is dealing. Cancellation and delays in domestic flights of Russian airlines are considered on Russian legislation. Similarly, complaints of passengers on foreign carriers who violated their obligations to Russian travelers are considered. It is worth noting that going on a journey, you need not only buy plane tickets, but also insurance for going abroad.

Tell friends:

Leave despondency: Canceling or transferring a flight can be a great reason to spend the evening in a new city and even well. Where to seek what to demand and how to get a maximum of the airline, if something is wrong with your flight - in the fresh Lifehak.

About a serious delay (more than two hours) or cancellation you have to tell you no later than three hours before the start of registration. If the flight is delayed and then the update should be given every 30 minutes - all possible ways. The carrier is obliged to explain the cause of the delay or cancellation - if you, of course, it becomes easier.

The terms of service, payments and compensations in the delay and cancellation of the flight differ from the carrier to the carrier, and therefore the information is better to always clarify from representatives of the airline or when buying a ticket (before putting a tick "agree with the rules"). However, there is a set of basic rules, knowing which you can minimize sadness from the delay or cancellation of your aircraft, and even earn on this situation.

If the flight was detained

Delays in flights can be divided into two groups: up to two hours (here it is not necessary to count on buns and compensation from the airline) and more than two. If the flight was detained more than two hours, boldly steered to the reception or landing rack - there you have to give a written notice that the plane arrives later, as well as to paint all the rights to compensate and replace.

To get a replacement or compensation, except written notice, you will need a printed ticket or an electronic copy (for example, confirmation in the air carrier application).

If the delay of the flight - two hours And more, immediately demand:
two phone calls / fax / imayla;
complimentary drinks;
access to the room of the mother and child (if you fly with a child up to 7 years).

With delay on four o'clock And more, you have to provide:
free hot food.

If the delay of the flight is more 8 hours day and 6 hours at night, you need to pay:
room in the hotel (and you do not have the right to settle with strangers);
shuttle to the hotel and back to the airport;
payment compensation for the hotel (if the hotel is not carried organized).

If at the same time there was a luggage pad, and you do not have access to things, you can require essential items: toothpaste and brush, deodorant, changing clothes - Most likely, you can just buy it at the airport and return money on checks.

In the event that you are sent by another aircraft, instead of the planned, too, be on a check:
If the class of replacement is lower than the original - boldly require value compensation (but if you were put in the first class, and they are serviced, as in the business class, this option will not roll);
If, due to the change of the flight, you were late for a transplant - you can demand you to send you the closest flight to the destination or insist on compensation for the lost cost of the ticket and demand money for "moral damage";
If you are sent by a submenu flight from another airport, the transfer must provide airlines. If there are no representatives of the airline - take a taxi and a check, and within 21 days contact the carrier's office - there must be all compensated.

If the flight is canceled

If the flight has been canceled a few days before departure, you have only two options:
Change the ticket for an alternative flight proposed by the airline - with the same place of arrival;
Return the full cost of the ticket. If you travel with a change, then the money must be returned for all flights.

In order not to climb, for the night before the departure of the check, the site of the airport - if the flight was canceled in advance, the information there will definitely be. If you can be completely paranoid, then you can chase a few alternative flights in advance - in case you will do something wrong with yours.

As a rule, before declare that the flight is canceled, the airline conducts calculations and decides where to children with passengers. If you arrived at the airport, and it turned out that it was not fate to fly on a schedule, do not wait for the queue rack near the reception - come and politely ask to clarify the availability of free places on alternative flights to speed up the process.

In the event that the flight will not take place due to the fault of the airline, you can safely require a replacement ticket for the nearest flight of the same carrier or partners (if there are free spaces), as well as on another date. In addition, you must provide free food and drinks - so that it is not sad to wait for the next aircraft (the system with a clock is the same as with a departure delay).

If such an option does not like, you can pick up the cost of tickets with money and even get additional compensation. The amount of payments is calculated separately for each flight and depends on the distance to the destination. Compensation usually ranges from € 250 to € 600, if the starting, intermediate or destination was one of the EU countries.

The carrier can pay less only if it offers an alternative flight, the arrival time of which exceeds the initial no more than:
for two hours - if the flight is up to 1500 km;
for three hours - if the range of flight is 1500-3500 km;
for four hours - for flights a distance more than 3500 km.

If you are flying to Russia, then the Russian airline must pay you 3% of the cost of the ticket for each hour of waiting and 25% of the cost per hour - as a bonus.

If it happens in the US, the law does not require airlines to pay compensation. Most carriers will simply find you a place for the nearest flight, but if the new ticket is more expensive than the original - the difference will have to pay from his pocket.

If the flight is canceled due to the disaster, armed riots, strikes or other similar force majeure, then the chance to get a meager compensation. Most likely, you just offer another date or return money for a ticket. Of course, such cases can be insured and get compensation.

If you are flying on a free or discount ticket that you received in the framework of the loyalty program or by choosing bonuses, you can qualify for compensation and additional service on a par with other passengers.

The flight delay is an unpleasant, but relatively frequent situation that can happen already at the very beginning of the journey. Causes are quite varied: bad weather conditions, technical problems in the aircraft, big load airspace Airport, internal problems of the airline, etc. No matter what caused the delay in the flight of the aircraft, you do not need to be afraid or to be confused. Below we will look at what to do if your flight was detained.

Passenger rights when delaying flight

Do you fly a charter or regular flight large air carrier Or, - the passenger's right when the flight is delayed the same.

It must be remembered that all the questions during the delay of the flight must be solved with representatives of the airline, and not with the airport services. In turn, in the event of problems with departure at the set time, the airline is obliged to immediately notify you of the causes and timing of the flight of the aircraft.

Where to contact?

Unfortunately, when it comes to compliance with all the rights of passengers, the airline does not always demonstrate their proactivity, so you must know all the rules yourself and do not be ashamed to remind them of representatives of the carrier at the airport.

Where to find the representative of the airline? The right person can be at the reception desk of your flight, at the office of sales of your airline at the airport or at the right landing. If the searches were not crowned with success, boldly call the airline shown on your ticket.

Follow the clock

  • Cams with young passengers up to 7 years old is supposed to access the equipped and comfortable room of the mother and the child, even if the flight delay is insignificant in time.
  • With a 2-hour delay of the aircraft flight, you can make 2 free calls or send 2 e-mail letters. In addition, at your disposal should be access to refreshments.
  • The delay of the flight over 4 hours already implies the provision of hot nutrition airlines. This is usually a ticket for a certain amount of food order in one of the airport restaurants. This service you must receive every 6 hours in the day and every 8 hours at night.
  • If the flight delay time reached 8 hours (or 6 hours at night), the airline is required to settle you at the hotel, arrange transport there and back, and provide free accommodation in the airport storage chamber. If for some reasons you do not suit the accommodation conditions at the hotel (for example, it is unacceptable to accommodate in one room of unfamiliar people), you can find a hotel room yourself, not forgetting to keep all documents confirming personal spending. This will help later require compensation for the delay in the flight of the aircraft.

Submission of claims and compensation for delayed aircraft flight

The delays of the aircraft are not pleasant not only unplanned expectations, but they can entail certain losses: the missed business meeting, late to the connection flight of another airline, paid, but not used reservation at the hotel. In this case, any victim has the right to submit a reference to the flight delay and get compensation. However, it should be borne in mind that this rule is valid only when the flight delay arose due to the airline itself. For example, bad weather conditions or excessive airport loads will not be a reason for compensation.

In order to competently draw up a complaint, you need to collect as many documents as possible confirming the fact of the aircraft delay. Immediately after the announcement of the arrest, ask the company's representatives to make a mark on your ticket, and when planting a plane - the actual departure time. Keep all checks testifying to your personal trait during the flight delay.

To receive compensation for delaying the flight of the aircraft, the claim with all the evidence has been necessary to submit to the airline within 6 months after arrival. If there is no answer within 30 days, you can immediately contact the court.

The amount of compensation is 25% of the minimum wage for each hour of delay, but not more than 50% of the cost of your ticket.

Now you know everything about what you need to do if you detained. We wish you pleasant travel!

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