My flight from Antalya was delayed by 13 hours. Six months later, the tour operator paid me 36,500 RUR for this. Despite the fact that it was a charter and there seemed to be “no guarantees.”
Sergey Boldin
received compensation from the tour operator
Last fall I bought a package tour and flew with my family to Turkey. While we were relaxing, our airline went bankrupt. Our charter departed home with a delay, so I wrote to the tour operator and asked to compensate for the lost time. The operator replied that this should be done by the airline.
The tour operator did not take into account that I am a lawyer and know my rights. I didn’t start a scandal, but collected evidence and filed a lawsuit against him.
Certificates, checks, call details
Problems with our airline began even before we flew on vacation. The day before departure, the travel agent sent us tickets for chartered flight. The departure time was known, the flight appeared in the airport schedule. But when we arrived at the airport, it turned out that the flight was delayed.
By law, if a flight is delayed for more than two hours, the carrier is obliged to provide passengers with free soft drinks and organize communication: two phone calls or two messages by phone. e-mail. If the flight is delayed for more than four hours, he is obliged to feed everyone a hot meal. If it is longer than six at night or eight during the day, stay in a hotel.
Our flight was delayed by more than four hours, but no one offered us food or drinks. We bought them with our own money, I kept the receipts.
While we were on vacation in Turkey, the airline's problems worsened. Compatriots on the beach were discussing the news: some were unable to fly on vacation on a vacation package, others were unable to return home. The day before departure, I asked the hotel guide to extend our stay to be on the safe side. The guide replied that the flight would be on schedule and there was no need to pay for accommodation.
On the morning of our departure, it became obvious that the plane would not arrive for us on time: our flight was not on the airport’s schedule. We didn’t want to wait outside, so we had to arrange a late check-out so that we wouldn’t be evicted from our room. The tour operator's representative was not there, so I paid for everything myself - and asked for a check.
The rest of the day we sat on our suitcases and waited for the tour operator representative to take us to the airport. The departure was postponed several times. After the late check-out time from the hotel had expired, the tour operator still extended our stay - but did not provide the two required phone calls. I called at my own expense and after returning I ordered details of these calls from the telecom operator.
They only came for us in the morning. We were supposed to fly out of Antalya at 8pm but instead left at 9am the next day - with a 13 hour delay.
Upon arrival at the Moscow airport, I went to the information desk and asked to mark the delay of both flights. Such marks are usually placed on back side boarding pass or printed itinerary receipt.
Then I collected all the documents about violations of our rights and turned to the tour operator for compensation.
Tour operator answers
What's special about a charter
Roughly speaking, the tour operator tells the airline: “I want to rent a plane from you to take 200 people to Antalya on September 9, and return them back on September 23.” The airline replies: “Okay, on the 9th and 23rd the plane is yours for three hours, along with the pilots and flight attendants.”
While the plane is rented from a tour operator, flight delays are his responsibility, which is why he pays compensation. The only exception is if the flight is delayed for safety reasons, for example, if the plane breaks down and it is dangerous to fly. Judicial practice shows that in this case it will not be possible to receive compensation.
The reason for the delay of our flight was not announced at the airport, but it was found on the delay stamps that were placed upon arrival home. The marks “PPS” and “U05” mean “late arrival of the vessel” and “change in departure time by decision of the dispatch service.” Not a word about security.
How to make a claim
The claim must be submitted to the tour operator within 20 days from the end of the trip. The tour operator has 10 days to check everything and respond.
In my claim, I described the situation and demanded that all expenses be reimbursed, as well as compensation for moral damages for the flight delay. In addition, I indicated the account details to which I expect to receive money.
I attached copies of receipts and certificates to the claim and sent all this to the legal address of the tour operator by registered mail. Postal receipts for sending were later useful in court.
Which court to file a claim in?
While the tour operator was thinking about how to respond to my claim, I studied judicial practice on similar disputes. I needed to decide which court to file a claim in if my claim was denied.
By general rule the claim must be filed in court at the location of the defendant. But the law protects the consumer as weak side legal relations, therefore gives him a choice: to sue where the defendant is located or where he himself lives.
If the defendant is big company, most likely, she has already been sued. To find out how it all ended, it is useful to study the judicial practice on the website of the court that has jurisdiction over the legal address of the company. If decisions are often made not in favor of consumers, it makes sense to file a lawsuit in your place of residence. And if you find judgment in a similar case in favor of the consumer, it can be used to draw up your claim.
Another option is to search through the official websites of city courts of general jurisdiction and magistrates' courts. For example, on the Moscow website there is a section “Territorial Jurisdiction”, where you can determine his court by the address of the defendant. Decisions on claims are usually published in the “Judicial Proceedings” section.
In my case, decisions were often made in favor of tourists, so I did not exercise the right to choose a court. I waited until the tour operator ignored my claim and filed a claim in court at its location.
Statement of claim
In the statement of claim you need to write in which court you are filing it, who the plaintiff and defendant are, at what address they can be found, the price of the claim, what the violation of rights is and what you want to achieve. Also, list documents that support your position. All this information is required; without it, the claim will not be accepted. When drawing up a claim, you should check the Civil Procedure Code of the Russian Federation.
It would not be amiss to cite judicial practice in favor of consumers in similar cases. Consumers do not need to pay state duty.
Before filing a claim, you need to calculate the amount of compensation and the cost of the claim. These are different things. To put it simply, the amount of compensation is all the money you want to receive from the defendant through the court. The cost of the claim is only the money that you lost due to his actions and the penalty provided for by law. The price of the claim does not include compensation for moral damages and a fine for the fact that the defendant did not pay you without a trial.
For example, in my case, the cost of the claim includes the cost of hotel, food, drinks and phone calls. In addition, it includes a penalty for violation of travel dates. In total, I demanded almost 130 thousand rubles from the tour operator, and the price of my claim was 5,123 rubles.
The cost of the claim determines which court will hear your case. If it is less than 50 thousand rubles, then it is global, if it is more, then it is regional. It does not affect anything else in disputes involving service consumers.
In my statement of claim, I demanded from the tour operator:
- Compensate for the costs of everything that a passenger is entitled to in case of a flight delay: drinks, food, two phone calls and accommodation.
- Compensate for moral damage to all family members, including two children.
- Pay a penalty for violation of the terms of service provision - 3% of the cost of the tour package for one day of delay in departure.
- Pay a fine for refusing to voluntarily satisfy my claim - 50% of the awarded amount of compensation.
I attached two copies of it to the claim - for the tour operator and the travel agency that sold me his ticket. The tour operator is responsible for paying compensation, so there is no point in involving the agency as another defendant. But he can be brought in as a third party - if the judge approves it. A representative of the agency will come to the meeting, and if any questions arise, he will be able to answer them immediately.
So that the trial would not be postponed if I could not come, I asked to consider the claim without me.
This is what my application looked like:
To the statement of claim I attached certificates of flight delays, copies of receipts for food and hotel, call details that I took from the telecom operator, a copy of the complaint against the tour operator, as well as a press release from Rospotrebnadzor that an administrative case was opened against the tour operator due to flight delays.
Complaint to Rospotrebnadzor
Before going to court, you can complain to Rospotrebnadzor. This will not help you obtain compensation without going to court: Rospotrebnadzor does not have the right to oblige the tour operator to pay you money. But he can fine him based on your complaint, and this will strengthen your position in court. In addition, Rospotrebnadzor specialists will tell you how to file a claim and, perhaps, help protect your interests in court.
But all this is in theory. In my practice, the quality of assistance from Rospotrebnadzor depends on the case and it is dangerous to completely trust it with your work.
Therefore, I filed my claim myself.
The court's decision
The court decided that the charter flight was included in the tour package, so the tour operator was responsible for its delay. In December, three months after returning from vacation, the court partially satisfied my demands and recovered from the tour operator:
- The cost of living at the hotel is 1153 RUR.
- Penalty for violation of travel dates - 3215 RUR.
- Moral damage - 20,000 RUR, 5,000 RUR for each family member.
- The fine for refusing to satisfy a claim is RUB 12,184.
The court refused compensation for expenses for food at the airport and reduced compensation for moral damages. But even taking this into account, the amount of compensation was 36,552 RUR - this is 34% of the cost of the tour.
Receiving compensation
In February, two months after the court decision, I received writs of execution. Now I had to get the money. To do this, it was necessary to send the sheets to the bailiffs, and then wait until they enforcement proceedings and will forcefully collect compensation from the tour operator. The law allows two months for this, but the period can be extended. In practice, receiving money greatly depends on the efficiency of the bailiffs and the perseverance of the claimant.
Another option is to receive compensation yourself through the defendant’s bank, but to do this you need to know what kind of bank it is. Sometimes the details of a tour operator’s account can be found on its website or in the contract for the sale of a tour.
My tour operator did not publish its details publicly, but I was lucky. Already when the claim was in court, he responded to my claim and transferred compensation for telephone calls to my account. He rejected the rest of the demands and stated that the carrier was responsible for the flight delay, but this was no longer important: having transferred the money to my bank account, he exposed his own, and when I received the writs of execution, I did not send them to the bailiffs, but simply took them to his bank.
A day after receiving the writs of execution, the bank transferred the money to me.
How to receive compensation from a tour operator
- Keep all receipts, invoices and call details. All requests and refusals must be in writing. If your flight is delayed, ask the airport to make a note about it.
- Demand compensation from the tour operator - you have 20 days to do this after the end of your trip. He must answer something in 10 days.
- If the tour operator is silent or refuses to pay, sue him or complain to Rospotrebnadzor.
- Look for the tour operator's account details on its website or in the contract. If the court sides with you, they will help you get your money faster.
The impressions of a long-awaited vacation may be blurred through no fault of yours. Reports of long flight delays and angry 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. We will learn about how to behave and what you can count on if you find yourself in an unpleasant situation 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 Air Transportation Rules, in the event of a break 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 unfavorable meteorological conditions, for technical and other reasons, changes in the transportation route, the carrier is obliged to organize the following services for passengers at the points of departure and intermediate points:
- Providing mother and child rooms to a passenger with a child under 7 years of age;
- Two phone calls or two emails when waiting more than two hours for a flight to depart;
- Providing refreshments when waiting for a flight to depart for more than two hours;
- Providing hot meals when waiting for a flight to depart for more than 4 hours and then every 6 hours during the day and every 8 hours at night;
- Accommodation in a hotel when waiting for a flight departure 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 waiting time for flight departure begins from the flight departure time indicated on the ticket.
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It is quite possible to receive compensation from the airline in the event of a flight delay and failure to provide services required by law.
And here's what you need to do for this:
First, the passenger needs to contact the airline representative at the airport (airport employee at the information desk) and obtain a document confirming the flight delay (usually a note about the flight delay is placed on the itinerary receipt or boarding pass). Next, you need to collect all the receipts 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 damages. If the airline refuses to voluntarily satisfy your demands, you can go to court.
According to Federal law dated April 3, 2017 N 52-FZ, Russia joined the 1999 Montreal Convention on the Unification of Rules for International Air Transport, which has already been ratified by more than 120 countries. What will change for air passengers?
Rospotrebnadzor reports that bringing air legislation into compliance with the Montreal Convention will significantly improve the rights of consumers of services in the field of passenger air transportation by increasing the upper limit of compensation paid for violations of transportation rules.
If, according to the norms of the Air Code of the Russian Federation, the company’s liability for damage due to flight delay is 1875 RUB for each hour of downtime (but not more than 50% of the ticket price), then according to 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 loss of luggage by the carrier currently cannot exceed 600 RUB per 1 kg (for luggage) and 11 thousand RUB for hand luggage in case the value of the luggage cannot be accurately determined. According to the Montreal Convention, the carrier's liability in the event of destruction, loss, damage or delay is limited to an amount of approximately 78 thousand RUB in relation to each passenger.
The amount of compensation in case of harm to the life and health of a passenger, according to the Air Code of the Russian Federation, cannot be more than 2 million RUB. The Montreal Convention increases this limit by almost 4 times and provides that with regard to damage to the life and health of a passenger, if it does not exceed the amount of about 7.8 million RUB, the carrier cannot exclude or limit its liability.
As a result of the long delay, vacation time at the resort was reduced. To whom should tourists address their claims?
If the flight is charter, the claim is sent to the tour operator. If we are talking about a scheduled flight, the claim can be sent either to the tour operator or to the carrier.
What is the chance of getting compensation for a flight delay?
By virtue of paragraph 1 of Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the passenger has the right to demand full compensation for losses caused to him in connection with violation of the terms of 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 contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right.
Based on Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of violation by the seller of consumer rights provided for by laws and legal acts Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the causer of harm if he is at 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.
Flight cancellation is unpleasant and quite common in last years situation. As a rule, it does not have serious consequences, but sometimes it can cause you to miss your connecting flight at another airport. Flights may be canceled due to various circumstances, which are often beyond the control of the carrier. What rights do passengers have under current legislation? How can you minimize the consequences of a flight cancellation?
Reasons for flight cancellations
Of course, canceling a flight is an unpleasant procedure. However, this is not always the fault of the air carrier. Before demanding compensation for a canceled flight from the company's representative office, it is necessary to clarify the reason for the incident.
Flight cancellation is the airline's fault if:
- there are inconsistencies in the schedule;
- the aircraft crew does not have time to prepare the aircraft or clean it before departure;
- the passenger was not registered due to overbooking (i.e., more seats were sold than actually available on the plane);
- the flight is unprofitable for the enterprise;
- the carrier cannot provide evidence or explanations of the reasons for failure to fulfill its obligations.
The carrier is not to blame if the reason for cancellation is the following circumstances:
- weather conditions;
- natural disasters;
- hostilities;
- introduction of martial law in the country;
- imposing bans and restrictions on cargo transportation along certain routes;
- strike of airline employees;
- aircraft defects that pose a threat to the lives of passengers.
What should I do?
So what should you do if your flight is cancelled? First of all, you need to contact a representative of the air carrier and get an explanation of the reason for the cancellation. As a rule, the representative office will immediately offer you Alternative option flight. However, companies are not always ready to send their passengers to their destination on the same day, so sometimes they offer refunds. We will talk about this in detail below. The passenger must record the date and time when the flight cancellation announcement took place.
If the cancellation occurred several days before
What should I do if the airline cancels my flight a few days before the expected departure date? In this situation, passengers have the right to demand:
- replace tickets (draw up an alternative transportation route);
- return the money (if the airline has accepted responsibility).
It is important to note that a transit passenger has more rights. The fact is that the responsibility of the air carrier is determined by the legislation of the state in which the passenger arrives in transit. In the United Kingdom, for example, if the cancellation of a flight inevitably led to the fact that the purpose of the trip was disrupted a business meeting, the passenger missed the competition), the British carrier provides a free flight to the Russian Federation.
If the passenger finds out about this on the day of departure
What to do if your flight is canceled on the day of departure? The first thing in in this case A company representative will suggest re-issuing travel documents for another flight. If flights from the airport of departure on a particular route are operated by only one carrier, the passenger will have to wait for the next flight. Sometimes this may take several hours or days.
If another airline is ready to transport passengers, then two options are possible:
- free re-issuance of a ticket if the cancellation was due to the fault of the carrier;
- re-issuance of a ticket with an additional payment if the carrier is not at fault.
According to Russian law, for every hour of waiting for an alternative flight, the carrier undertakes to pay compensation. Its size is 3% of the air ticket price + 25% of the minimum wage. The same law states that the maximum fine cannot be more than half the price of the air ticket, even if the wait lasted a relatively long time.
In Europe, the amount of compensation depends on the waiting period and usually ranges from 100 to 600 euros. The number of days in which the company warned the passenger about the cancellation also plays a significant role.
The situation with flight cancellations in the United States is completely different. Each air carrier has the right to establish own rules. In the USA, ticket exchange is carried out at the expense of the passengers themselves. Tickets can be exchanged for free only due to overbooking.
Refunds for air tickets
If an unpleasant situation occurred on the territory of the Russian Federation, then Russian legislation will apply here. If in another country, then, accordingly, the return will be carried out according to local laws.
In order to get your money back, you must first file a written claim with the airline. The following documents must be attached to the claim:
- copies of air tickets;
- copies (if available);
- tickets for an event planned during the trip;
- copies of hotel reservations.
A transit passenger (if the route involved several transfers) can receive compensation both for an individual segment and for the entire composite round trip flight. If the passenger purchased two separate tickets, compensation will only be for the canceled flight.
In Russia, the carrier is required to provide a refund for a canceled flight within a 30-day period. For European airlines, this period has been reduced to 7 days. If the refund has not been made, the passenger has the right to file a claim in court.
Tickets for charter flights are usually sold by travel agencies. It is they who will return the money for the flight.
Providing an alternative route
Air carriers in 90% of cases offer passengers an alternative to a canceled flight. These may be flights of other carriers, with transfers, with a changed date and time of departure. Options are offered depending on the availability of free seats in the declared aircraft. It is important to note that the departure point cannot be changed.
If the passenger agrees to an alternative route, his tickets will be reissued at the airline's expense. When the departure time of the original and alternative flights do not coincide, passengers are provided with compensation, as in the case of a plane delay.
If the charter is canceled
As mentioned above, tickets are sold by travel agencies. Therefore, in case of flight cancellations, all responsibility falls on the shoulders of these organizations. Please note: compensation related to flight delays and cancellations must be specified in the service agreement.
Where and when to complain?
What to do if your flight is canceled and your rights are violated? In all situations, legal proceedings take place in the country where the incident took place. You can file a claim directly at the airport of departure. If there is no office of a specific air carrier at the airport, a claim can be submitted through its website. It is also possible to send a claim by registered mail to the company's representative office.
If the carrier does not return the money for the canceled flight or violates the rights of the passenger, you can file a claim in court within six months. The application must be accompanied by a copy of the claim and all documentation related to the flight.
To avoid an unpleasant situation, you can call the airline's representative office or help desk in advance, before leaving for the airport. There you will always be given up-to-date information about the flight.
No one is immune from force majeure circumstances. Therefore, a traveler’s bag should always contain batteries, charging device, books and other things that will help pass the time, personal hygiene products. In addition, you should have enough money with you to purchase another air ticket. It is also necessary to save all receipts and copies of tickets.
Don't ignore the airline's rules. Don’t be lazy and read them when you buy a ticket through the carrier’s website. The contract may state that he is not responsible for flight cancellations. This phrase, of course, can be written in other words. In particular, low-cost airlines like to set such rules.
What to do if your flight is cancelled? This is not always the fault of the carrier. The latter may refund the money for tickets or offer an alternative route. If the airline violates the rights of a passenger, he has the right to go to court. Travel and know your rights!
Unfortunately, flight delays are a common occurrence in the work of air carriers. Almost every frequent flyer has experienced flight delays for one reason or another. Fortunately for passengers, today the legislation of many countries (primarily Russia and Europe) provides for airline liability for any flight delays, even those beyond the control of the carriers themselves. In addition to providing the necessary set of services (soft drinks, meals, communication services, a hotel for the night), the passenger can also count on monetary compensation.
Documents for receiving monetary compensation
To receive monetary compensation for a flight delay, you must submit a claim to the airline, attaching copies of documents confirming your right to compensation. Such documents include: air tickets with notes from the airport services about the flight delay (or certificates certified by representatives of the airline or airport), cash receipts or receipts confirming the expenses incurred, which the carrier is obliged to compensate.
It is important to remember that your claims against a domestic airline that delayed departure on a domestic flight will be accepted in accordance with Russian legislation. The same applies to foreign carriers who have committed offenses on our territory. If an airline delays a flight outside our territory, proceedings will take place according to the laws of the country where the delay occurred, regardless of whether it is a foreign or domestic airline.
Compensation for flight delays in Europe
On the territory of the European Union, the relationship between passenger and carrier is regulated by the European Parliament and the Council of the EU. According to this document, the air carrier is obliged to pay compensation for flight delays. The amount of compensation depends on the distance of the delayed flight and the delay time. Thus, payment for a two-hour delay on a flight within one continent will be significantly different from the same delay on a transcontinental flight.
Compensation for flight delays in Russia
If we talk about Russian legislation, then, according to Article 126, a passenger has the right to file a claim against the airline within a period of six months from the moment of arrival at the destination. The statement of claim can be submitted in person or sent by registered mail, preferably with a full list of attached documents. The carrier is required to make a decision on your claim within 30 days.
It is better to keep a copy of the claim, as well as proof of its sending. They will be useful to you if you file a lawsuit. The need for this may arise if your appeal is ignored or the culprits refuse to compensate for the expenses incurred. The package of documents for filing with the court must include the following: statement of claim, copy travel document(ticket) with a note about the flight delay (flight cancellation), bills for hotel accommodation, meals, telephone conversations etc., as well as a written complaint to the airline and the response of its representatives.
Delays of regular and charter flights
Many people have a question: is there a difference in the procedure for protecting one’s own rights during delays on regular and charter flights? First of all, let's understand the terminology.
Charter flights are flights organized on the principles of a charter agreement between a tour operator and a carrier. Charter flights, as a rule, do not have a fixed departure schedule (with an accuracy of 3-5 hours). A significant part of tourist flights (most of them, of course, “beach” flights) are organized by charter. You can only purchase an air ticket for a charter flight from the charter owner (tour operator); such tickets are not available for sale at regular ticket offices. In addition, the tour operator is not interested in selling a separate air ticket. It is more profitable for him to sell you a comprehensive tourist trip (even the cheapest one).
Regular flights- these are flights that operate on a year-round basis on a fixed schedule. International flights are also regulated by intergovernmental agreements. You can always familiarize yourself with the approved instructions for selling and booking air tickets, as well as issuing flight cancellations at any air ticket office.
Air ticket is an independent agreement between a passenger and an air carrier, according to which the airline must deliver you and your belongings to a specified place safe and sound at a certain time, and you undertake to pay for the air carrier’s services.
Based on Air and Civil Codes RF The airline bears all responsibility for flight delays or cancellations, regardless of whether it is a charter flight or a regular one. Accordingly, there is no difference between types of flights. In any case, if a flight is delayed, the airline is obliged to provide passengers with a set of services established by law, and in in some cases and pay monetary compensation.
February 2011
As of today, Russia has joined the Montreal Convention on Air Transport.
Why is the Montreal Convention better than the Warsaw Convention, which until now has guided Russian air carriers?
At first glance, the provisions of the Montreal Convention on the Unification of Rules for International Air Transport for Russian air passengers are sweeter:
— the airline’s payment of compensation to passengers for flight delays increases several times: from 25 rubles/hour to 344 thousand rubles
— the airline’s liability for loss/damage to passenger luggage increases from 600 rubles/kg to 83 thousand rubles:
How is air passenger compensation calculated?
It is worth saying that the amount of compensation is calculated in unified monetary units- special drawing rights - pegged to the Japanese yen, dollar, euro and pound sterling (current rate is 83 rubles).
Currently, compensation from Russian airlines to passengers is calculated as a percentage of the minimum wage (minimum wage in rubles).
You understand that these compensations are ridiculous.
Where to file a claim
What is also important: according to the Montreal Convention, a passenger can go to court to demand compensation (claim) at his place of residence, and not at a place convenient for the airline, as was the case until today.
This circumstance will increase the level of air passengers going to court, since it is clear that if you live in city N, it is difficult to go to court at the place of registration of the airline (usually Moscow).
Compensation from charter companies
Over the past year, charter scams have completely devastated air passengers.
The media often reports news from airports in Russia or resort areas where these cattle trucks fly: as a rule, these are photos of tanned/pale passengers with luggage carts in front of the sign at the check-in desk “flight delayed” and angry comments (usually from the mothers of the family).
Under the Montreal Convention, charter airlines flying abroad will have to answer in the same way as normal airlines.
The same applies to low-cost airlines like Pobeda.
Everything is sweet. Can't be.
Of course, the accession of the Russian Federation to the Montreal Convention is dictated primarily by the legalization of cargo transportation through the Russian Federation (Europe - China mainly), and to a lesser extent by concern for passengers.
However, if changes are made to the Air Code, which currently guides Russian airlines, in accordance with the provisions of the Montreal Convention, this will be great progress in protecting the rights of air passengers:
— an air passenger is given 7 days to file a claim against the air carrier and this period is enough to file a claim and take it to the nearest court.
Therefore, we are waiting for changes in the Air Code of the Russian Federation regarding international transportation, as well as the fulfillment of what was promised in April: the Deputy Minister of Transport of the Russian Federation, Mr. Okulov, promised to consider the issue of transferring the validity of the Montreal Convention to domestic flights in Russia.
In the meantime...
You can discuss this news on the Vinsky Forum:
A little later I will write a separate article about the rights of a passenger when a flight is delayed due to the fault of the airline: what are the rights of passengers with children in case of a delay of 2 hours, 6 and 8 hours.
I’m also writing an article about a legal service that takes on work with an air passenger’s claim against an airline, for a commission from the compensation received by the passenger:
- topic on the Vinsky Forum.
In it, people write about their experience of independently receiving compensation from airlines. You can also ask your question there:
5 /5 (8 )Positive experience of independently receiving compensation from dissenting backlashes:
We flew from Stuttgart to Boston, with a transfer in Frankfurt. The plane from Stuttgart to Frankfurt was late, as the pilot said, because a thunderstorm delayed the plane's departure to Stuttgart. They gave me tickets for the next flight in 5 hours. At registration, at the counter, at the LH office, they refused to confirm the reasons for the delay. None of your business, they say.
Later he demanded compensation by mail. The letter also asked to clarify the reason for the delay. There was no reaction. Along the way, I wrote to them on Facebook, but they couldn’t help or didn’t want to. The answer came 3 weeks later with the funny wording that the plane was prevented by “unforeseen” circumstances, for which compensation was not provided. I responded to the unsubscribe by email with quotes from the EU decree, where “unforeseen circumstances” meant strikes, weather conditions during the flight for which I bought a ticket (in my case this definitely did not happen) and other military coups. It is also indicated that in the event of such circumstances, the carrier must take all possible preventive measures. Again he asked to indicate the reason for the delay and tell about the measures taken. The answer came within 12 days (indicating 2 weeks as the deadline before going to court). In its response, Lufthansa regretted the inconvenience caused and again referred to mystical “unforeseen” circumstances due to which our case does not fall under 261/2004. But, out of the kindness of my heart, I decided to pay 600 euros in compensation for each ticket on the specified account.
As a result, the impression was that if it were not for the competently drawn up legal German language the second letter - I would have to go to court or go to mediators. LH is clearly not inclined to respond to demands for compensation with anything other than formal replies.
