What should a sample claim for compensation for flight delay look like and where can I get it?
This article explains what financial compensation for flight delay is and how you can get it. After all, rescheduling or canceling flights has become commonplace. And passengers are forced to get nervous, reschedule appointments or lose precious vacation time.
But many people do not even realize that in such situations, they have the right to various compensations and the provision of free services. In the European Union, passengers who find themselves in such a situation can receive 600 euros, depending on the waiting time for departure. In Russia, everything is somewhat different, but, nevertheless, compensation is still due.
To find out in what cases the liability of air carriers arises and passengers come into their rights, you need to consider the various situations that arise when aircraft flights are delayed.
Information about what is needed to ensure that financial compensation for a flight delay is paid, and what services can help do this as quickly as possible will be useful.
A huge number of people fly to EU countries. Some have an established business there, for others it is their place of residence. A lot of tourists who dream of “seeing the world” fly to Europe. They all need to know that the resolution of the Council of the European Union gives them the right, in the event of a flight delay of more than 3 hours, or its complete cancellation, to receive compensation from the air carrier. These rules apply not only to European carriers in EU countries, but also in all countries of the world. That is, this means that clients from post-Soviet countries flying from European Union countries are entitled to financial compensation for flight delays. According to the Montreal Convention, which regulates relations between air carriers and passengers, the amount of compensation for being behind schedule by more than 3 hours can range from 200 to 600 euros.
An important point is the reason that is the basis for receiving compensation.
There are many reasons for a flight delay, and not all of them qualify you for compensation for inconvenience. According to EU regulation, financial payments are due to passengers only when the airline is found guilty of delaying the flight. For example, an airplane breakdown or minor technical problems are the company’s fault.
Reasons such as terrorist attacks or strikes, tornadoes and hurricanes are considered force majeure. And, since the airline cannot resist such circumstances, this is not considered the carrier’s fault. This means that compensation will not be paid to passengers who are behind schedule for these reasons.
The amount of compensation is influenced by two factors: the time of forced stay at the airport and the flight distance. If the flight, for example, is delayed by three hours or more, and the flight distance is less than 1,500 kilometers, then the amount of compensation will be 250 euros. Postponing a flight by 4 hours or more, and with a flight range of more than 3,500 kilometers, implies payments in the amount of 600 euros.
Regardless of whether compensation is due or not, all passengers must be provided with drink, food and overnight accommodation if required. The provision of these services does not exempt from payment of monetary compensation.
The time frame for applying for compensation is different in each country. It all depends on where the air carrier is registered, from which country it flies, if the company does not belong to EU countries. For example, in Spain you can apply for compensation within two years. But in England, the terms have been increased to 6 years from the date of the incident.
How to deal with this?
To get help in obtaining compensation for a flight delay, the first thing you need to do is write a statement of claim to the air carrier. At the airport, at the check-in point for the flight, you need to ask the employee to put a note about the flight delay on the boarding pass and take a certificate stating that the flight was rescheduled, indicating the time it was behind schedule. The more different evidence of a flight delay, the better. You can even take a photo of the board where it is written about the delay of a particular flight.
Each company has its own rules for writing a statement, so before writing a request, you need to familiarize yourself with the rules of the air carrier. You can submit an application online or by contacting the company in person. A sample claim for compensation for flight delay should be on the official website of any airline. According to this sample, you need to fill out a document indicating the amount of compensation, under what circumstances the flight was delayed, that is, the reasons for the delay in departure. As a rule, the answer should come within a maximum of 3 months.
There are cases when an air carrier ignores passengers' claims or refuses to pay compensation. In this case, evidence will be needed that it was the fault of the airline that the malfunction occurred. Such situations happen quite a lot, and previous experience can provide significant assistance in obtaining compensation for flight delays for injured passengers. It is necessary to study these situations in order to act legally competently in the future. That is, if requests to the airline remain unattended, or the requirements are constantly refused to be fulfilled, the court remains. All papers confirming that the incident “took place”, all the airline’s refusals to comply with passengers’ demands must be attached to the application to the court of the city where the company’s main office is located.
If the airline does not belong to a country that is a member of the European Union, then the lawsuit must be filed with the representative office of the air carrier in the country at whose airport the flight was delayed.
If passengers cannot deal with legal cases themselves, then it is better for them to contact special companies that provide assistance in obtaining compensation for flight delays. There are a lot of them. Among them there are famous ones with a high reputation who will take on the legal battle. But, it should be remembered that when using the services of intermediary companies, compensation can be received no earlier than six months later.
What to expect from Europe?
The European Organization for the Protection of Air Passengers' Rights explains the situation with flight delays. That is, how the process of refunding money for the extra time that passengers spent at the airport should take place.
The first and main condition is that people must arrive at the point indicated on the ticket with a delay of at least 3 hours. This can be any flight of a European carrier, both direct and connecting. The main thing is that from this moment, passengers enter into their rights to receive compensation for flight delays. It is only necessary to actually record the delay of the plane. The company will be obliged to reimburse passengers for all expenses incurred by them. Not only residents of EU countries, but also citizens of any other countries have the right to file a claim for compensation.
The EU Council Resolution obliges air carriers to pay air passengers the amounts of compensation that they are entitled to upon settlement. The delay time from the flight schedule and the distance are taken into account. That is, based on this document, you can receive compensation from 250 to 600 euros if the delay occurred from 3 hours, and the flight range was from 1500 to 3500 kilometers. In fact, if the passenger arrived at his destination more than 4 hours late, and the distance was more than 3,500 km, then receiving 600 euros is guaranteed by law. If the flight delay was less than four hours, the amount of compensation will be half as much.
If a flight is rescheduled, tourists may be offered another flight to the same destination and arrive there a little later than planned. In this case, the airline will have to pay passengers 50% of the calculated amounts.
Many services that can be found on the Internet specifically deal with these issues. On their websites you can find a lot of detailed information, a sample claim for compensation for flight delays, and a list of documents that will be needed when applying for monetary compensation. Customers will only need to fill out the form and contact the airline. But even this can be done for them by specially hired responsible persons.
According to experienced people, we can only talk about compensation for flight delays with regard to European airlines. Compared to them, Russian carriers look, to put it mildly, “unrespectable.”
Russia also has an Air Code and “General Rules” for air transportation, which are required to regulate the relationship between domestic airlines and passengers. According to these documents, for flight delays, each passenger must be reimbursed 25% of the minimum wage per hour behind schedule. And if suddenly there was a flight delay of 9 hours, the compensation should be significant. And then comes the moment of truth, which will quickly bring joyful passengers to their senses. It turns out that compensation for flight delays will be calculated not according to the minimum wage, but according to a completely different one. There are several of them in Russia, for all occasions, the main thing is not to overpay.
Maybe the crying of disadvantaged air passengers had an effect, maybe the impunity of air carriers, which has reached the point of absurdity, had an effect, but starting from 2017, payments should change a little, turning their “face” towards passengers of domestic airlines.
For example, if we consider a charter flight, the passenger will have to write a claim to the travel company where he purchased the ticket. By the way, each travel company has its own sample claim for compensation for flight delay. The travel agency will send this claim to the airline, where the question will be decided whether it is necessary to pay in this case, or whether the passenger is not entitled to payment. If compensation is denied, you can go to court. Here comes a moment when everything depends on the mood of the passenger. Experienced “fighters for justice” argue that if it was not possible to reach an amicable agreement with the company, then it is better to simply forget about what happened. Because even if you manage to win in court, the amount of compensation will be such an unpleasant surprise that you will be left with bitter disappointment.
Compensation in Russia is calculated taking into account lost night time
Therefore, if a passenger spent the whole day at the airport and the flight was delayed by 9 hours, the compensation will be negligible. It is not worth the wasted time or wasted nerves. You shouldn’t even think about any compensation for moral damage. It is better to be patient and try to treat the flight delay as an adventure. It’s a pity, but those who are right are not always appreciated.
But passengers should also understand that there are situations when the carrier does not fulfill its obligations due to a number of reasons, called force majeure. There can be no talk of any payments here. But if someone decides to achieve the truth by any means, then it would be useful to know what documents will be needed to submit an application.
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1. Air ticket, with the necessary notes on the time of flight delay;
2. Checks and receipts for those unplanned expenses made during the flight delay;
3. A freely written letter describing the incident, with all the details, claims and demands.
These documents must be sent to the airline's head office. It is better to make several copies of all documents. This may come in handy later. After all, it is not always possible to achieve the truth the first time. For further submission of documents, for example, to court, copies of documents may be needed. And you also need to remember that all trials are paid. Not all airlines abandon passengers who find themselves in an unpleasant situation with a flight delay to their fate. Many clearly fulfill their obligations without any requests. Therefore, if you find yourself in some kind of situation with a flight, you can and should always hope for compensation. In most cases, air carriers, valuing their reputation, do not allow various litigations in the courts, but try to resolve all issues with passengers on the spot.
Rules
— The carrier is not responsible if passengers and luggage were delivered to their destination with a delay that was not due to its fault.
— The company is responsible for all losses incurred by passengers during the flight delay.
— If there is a flight delay of 9 hours, compensation must be calculated in accordance with current legislation. Plus, citizens must be provided with hot food, drinks and a place to stay if this happens at night.
Traveling by plane has long been commonplace. It's convenient and saves a lot of time and effort. In a short time you can find yourself in any country in the world. Many passengers do not even consider other modes of transport for travel. This does not surprise anyone, because air transport has a lot of advantages and positive aspects. Therefore, the number of passengers increases every year.
Despite all the positive qualities, air transportation also has problems. For example, a flight delay. And, unfortunately, recently such situations have begun to arise more and more often. Of course, in the first place is the cause of the malfunction on board the aircraft. It is difficult to argue with the fact that an airplane is a machine of complex design. Any little thing can cause a breakdown, which leads to a flight delay. After all, you can’t stop a plane in the air to make repairs. But the occurrence of such a situation is entirely the fault of the airline.
Another common reason for flight delays is poor weather conditions. Naturally, the weather is an unpredictable thing, and an accurate forecast is very rare. Therefore, flights are often delayed until the weather clears up. There's nothing you can do about it. But a different situation arises if one company postponed the flight due to weather, while the other is calmly transporting passengers. People, not understanding the situation, why some can fly and others cannot, begin to be indignant. But there are some nuances here.
Each aircraft is individual, each has its own operating conditions. And therefore, in bad weather conditions one plane feels great, but for another it is a natural disaster. Taking care of passengers, some flights are deliberately delayed until the weather stabilizes. But this reason for the flight delay is the fault of the air carrier.
Any malfunction of the aircraft is a circumstance leading to flight delays. And in more complex cases, to their cancellation. Air carriers do not like such situations because they damage their reputation. After all, no passenger wants to fly on faulty aircraft, exposing themselves to danger.
Sometimes there is a delay in departure due to a malfunction of the service personnel. It took a long time to clean the cabin of the plane, or slowly unload the luggage. In short, the human factor can play a certain role and influence the occurrence of a situation that will lead to a slight flight delay. As a rule, this does not make passengers nervous. Everyone understands this.
If the flight delay lasts more than two hours, passengers have the right to financial compensation.
How to act
The flight is delayed, and there is no announcement about the reasons for the delay and the time of delay of the flight; you must immediately contact the airport employee at the counter where check-in took place. Passengers will not hear a clear answer to the question posed, but they must have a special mark on their ticket indicating the time of the flight delay. This is the basis for compensation.
If a flight is delayed from 30 minutes to two hours, passengers must be provided with maximum comfort at the airport. For those with children under 7 years old, all amenities and hygiene items must be provided.
Staying an extra 2-4 hours must ensure provision of communication, both telephone and electronic. People should be offered tea and other drinks.
If the flight is delayed for 6 hours or more, people must be provided with hot food and a place to stay comfortably at night. People should not sleep in an airport lounge.
All these services, including hotel accommodation and round trip transfers, must be paid for by the airline.
Compensation
Whether the flight was delayed due to weather conditions or due to aircraft breakdown, this is the fault of the air carrier, and passengers are entitled to a partial refund of the fare. But it should not exceed 50%. Therefore, when claiming compensation, passengers should take this into account. If passengers were forced to incur additional expenses during their forced stay at the airport, for some reason, the company will have to reimburse them. In this case, the passenger must keep all receipts and receipts confirming this, otherwise there will be no refund.
A special case
Cases often arise when passengers fly on vacation, and the cost of their ticket is included in the price of the trip. In this case, passengers can make a claim, including all days of missed rest. This must be done as quickly as possible, since after 20 days, the application will not be considered.
Another case is when the airline makes a connecting flight. When the first plane is delayed, it becomes clear that passengers no longer have time to catch the second one. Therefore, due to the delay of the airliner, the passenger must be placed on the second plane free of charge, providing him with maximum comfort. There is a rule that if a late passenger was flying in economy class on the first plane, and on the second plane there is a free seat only in business class, then he must be given this seat. If comfort, on the contrary, has decreased, the difference must be paid.
All types of compensation are processed by submitting an application with requirements. It must be accompanied by all documents proving the flight delay and unforeseen expenses. Airline administrations try to resolve all situations as quickly as possible, without scandals.
There are also companies that not only refuse to pay compensation, but also do not provide the required services. Here you can directly submit documents to the court, attaching all checks and receipts. The process, of course, is long and costly, but the courts are always loyal to passengers of delayed flights. If passengers demand only what they are entitled to by right, then they win the case in court.
Having considered different cases, I would like to advise you to have at least a little money and hygiene products, especially with small children. To avoid getting into a difficult situation in case of flight delay.
Many passengers give their comments about the work of domestic airlines. Most often they are positive. For example, in connection with compensation payments, Rossiya Airlines has a good review. In the current situation, when a plane with fewer seats was available for the flight due to a malfunction on the other side, not all passengers were able to fly on time. For AK Russia, compensation for the flight delay was not even disputed by the carrier. The flight was delayed by 16 hours. All passengers were provided with hotel accommodations. The restaurant served breakfast and lunch. The passengers wrote a full claim form to the airline, where they described everything: the reason, their requirements. It was considered by the commission, where a decision was made due to the fact that due to the fault of AK Russia, the flight delay was due to compensation should be paid. As a result, people received both compensation and additional bonuses in the form of vouchers for flights by this company. In this situation, when in Rossiya Airlines there is a flight delay, compensation and all services provided to passengers by the airline service are regulated fulfillment of the requirements of the internal document of Rossiya Airlines. It is worth noting that passengers are always pleased to do business with airlines such as Rossiya Airlines. After all, the company’s attitude to its obligations is at a high level.
The main thing is that passengers need to learn to be mutually polite. You need to remember the rules of conduct on board an airplane. Sometimes a flight delay occurs due to the fault of passengers. It may happen that the company also wants to receive compensation.
All rules and regulations apply to both charter and regular flights. If a flight is delayed, the rights of passengers remain unchanged, as do the obligations of air carriers. Quality service is the main thing.
Finally
It's a shame that not everyone knows about their rights as air passengers. If you had to sit at the airport for an extra 3 hours, losing your mood, precious hours of vacation, along with this comes the right to receive compensation for your inconvenience, missed excursions or disrupted deals. And many charge decent sums of money for the late arrival of the plane. Unless, of course, the cause of the incident is force majeure.
Even if the plane took off with a delay of less than three hours, but the passenger ended up at the destination later due to transfers, and the delay was more than three hours, then there is no need to be lazy in writing an application to the airline for payment of compensation. In some EU countries, the statute of limitations for compensation is 6 years.
There are companies that do not want to be held responsible for what is happening. But not everyone is like that. Therefore, it is worth writing a statement. Moreover, from this year the amount of compensation will increase significantly. And in the situation with a European company, the amount looks very impressive. European citizens, unlike people living in the post-Soviet space, never miss the opportunity to demand monetary compensation for any violation of their rights. Therefore, I would like to believe that our compatriots will also learn to defend their rights in accordance with the law. Miracles happen. The main thing is that there will be no flight delays!
General Director of Ikar Airlines LLC A.O. Lengarov
660020, Krasnoyarsk, st. Zhelyabova, 6 building 2,
From..., residing at...
CLAIM TO THE AIRLINE DUE TO FLIGHT DELAY
on payment of fines and compensation for losses caused by flight delays
On December 19, 2017, I fully paid and purchased air tickets for flight No. IK-2517 on the Yekaterinburg-Nha Trang route, as part of the tour. Thus, in accordance with clause 2 of Article 786 of the Civil Code of the Russian Federation, clause 1. Article 105 of the Air Code of the Russian Federation and clause 44 of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, Consignees (introduced by Order of the Ministry of Transport of Russia dated June 28, 2007 No. 82) I entered into an agreement with your company for the air transportation of passengers.
Flight No. IK-2517 was scheduled to depart at 10:50 a.m. local time on January 19, 2017. This fact is confirmed by issued air tickets and information on the information board at the airport. (see Attachment)
However, on January 19, 2017, the flight did not take off. It was postponed until 23:00 on January 19, 2017. This fact is confirmed by a mark from the departure airport (for information – see the appendix) and a mark on the boarding tickets (see appendix).
Having paid in full the cost of services under the air transportation contract, I have fulfilled my obligations to your airline in good faith. However, your company, in violation of Article 4 of Federal Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights,” did not fulfill its obligations regarding the term of the contract.
In accordance with the provisions of Article 120 of the Air Code of the Russian Federation, for delay in delivering a passenger to the destination, the carrier must pay a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage charge, which in my case is 475 rubles.
In case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99. of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, and Consignees, is obliged to organize a strictly defined set of services for passengers free of charge, which your company did not provide. Since the flight departure delay was more than 12 hours, I had to pay at my own expense: hotel accommodation - 810 rubles. (here you can write taxi, medicine, drinks, food, etc. as a plus) Thus, due to the flight delay, I suffered direct losses in the amount of 810 rubles.
In addition, due to the delay in delivering me to my vacation spot, I also suffered the following direct losses: due to a reduction in the time of stay at the hotel by 1 day.
Based on Articles 4, 15 and 29 of the Federal Law “On the Protection of Consumer Rights”, Article 120 of the Air Code of the Russian Federation and Article 15 of the Civil Code of the Russian Federation
1. Pay me voluntarily, in accordance with the notice of limitation of liability for delays in the delivery of passengers contained in my air ticket, a late fee in the amount of 9,050 rubles.
2. Compensate for direct losses caused to me due to the flight delay in the amount of 810 rubles.
If my legal demands are not satisfied, I will be forced to go to court with a statement of claim for forced collection of fines and damages.
In addition, I will ask the court, on the basis of Article 13 of the Federal Law “On the Protection of Consumer Rights” and Article 151 of the Civil Code of the Russian Federation, to recover from your company compensation for moral damage caused to me, which was caused to me by a flight delay due to the fault of your company. Considering the consequences of the physical and moral suffering caused to me, I estimate it at 30,000 rubles.
In case of refusal to fulfill my legal demands, when considering my claim in court, I will ask the court to collect a fine from your company to the state in accordance with paragraph 6 of Article 13 of the Federal Law “On the Protection of Consumer Rights” for failure to comply with the voluntary procedure for satisfying consumer demands.
Applications:
1. Copy of electronic air ticket – 3 sheets.
2. Copy of hotel bill – 1 sheet.
3. A copy of a certificate from a travel agency about the cost of the flight – 1 sheet.
4. A copy of the flight delay certificate from the departure airport – 2 sheets.
5. Copy of boarding tickets – 1 sheet.
6. Photo of the information board at Koltsovo airport about flight delays – 1 sheet.
7. Payment details.
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Claim against the airline for flight delay
_________________________________________
(indicate the name of the airline
and its location address)
from___________________________________________________
(Full full name, registration address and contact phone number)
CLAIM
contact the airline about a flight delay
“___” _____ 2014, I entered into an agreement with your airline for air transportation of passenger(s), paid in full and purchased air ticket(s) for flight No. ____ on route ___________. The cost of air tickets was __________ (______________) rubles.
Flight No. ____ was scheduled to depart at __ hours __ minutes local time “___” _____ 2014. This fact is confirmed by the issued air ticket(s).
The flight did not take off within the contractual period “___” _____ 2014. It was delayed until ____hours ___minutes "___" _____ 2014. This fact is confirmed by the mark of the airline/airport of destination on the form(s) of the air ticket(s).
In accordance with the provisions of Article 120 of the Air Code of the Russian Federation, for delay in delivering a passenger to the destination, the carrier must pay a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage charge, which in my case is ______________ (_____________) rubles.
As a result, I suffered losses:
due to the delay in delivering me to my vacation spot, I also suffered the following direct losses: due to a reduction in the time of stay at the hotel by ___________ days - __________ rubles; cancellation of a paid excursion, which I could not use due to late delivery - _____________ rubles, and that in the amount of ____________ rubles.
In addition, in case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99 of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, and Consignees, is obliged to organize a strictly defined set of services for passengers free of charge, which your organization did not provide. Since the flight departure delay was more than __________ hours, I had to pay at my own expense: services for storing my luggage - ___________ rubles; long-distance telephone conversation to inform the family about a flight delay - _______ rubles; long-distance telephone conversation to inform a travel agency about a flight delay and a forced change in the length of stay on vacation - _______ rubles. Thus, due to the flight delay, I suffered direct losses in the amount of _____________ rubles.
Based on Articles 4, 15 and 29 of the Federal Law “On the Protection of Consumer Rights”, Article 120 of the Air Code of the Russian Federation and Article 15 of the Civil Code of the Russian Federation
1. Pay me voluntarily, in accordance with the notice of limitation of liability for delays in the delivery of passengers contained in my air ticket, a late fee in the amount of ____________ rubles.
2. Compensate for direct losses caused to me due to the flight delay in the amount of ___________ rubles.
If my legal demands are not satisfied, I will be forced to go to court with a statement of claim for forced collection of fines and damages.
Applications:
1. Copy of the air ticket.
2. A copy of the invoice for storing luggage.
3. A copy of the bill for long-distance telephone calls.
4. A copy of the hotel bill.
Sample complaint from a Tourist to the Airline regarding flight delay
SAMPLE CLAIM OF A TOURIST TO AN AIRLINE
DUE TO FLIGHT DELAY
CLAIM
caused by flight delay
200__, I fully paid and purchased air ticket(s) for flight No. ____ on route ___________. for which I paid __________ (______________) rubles. Thus, in accordance with clause 2 of Article 786 of the Civil Code of the Russian Federation, clause 1. Article 105 of the Air Code of the Russian Federation and clause 44 of the General Rules for the air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees (introduced by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82) I entered into an agreement with your company for the air transportation of passengers ( ov).
Flight No. ____ was scheduled to depart at __ hours __ minutes local time ___ _____ 200__. This fact is confirmed by the issued air ticket(s).
200__ the flight did not take off. It was delayed until ____hours ___minutes ___ _____ 200__. This fact is confirmed by the mark of the airline/airport of destination on the form(s) of the air ticket(s).
Having paid in full the cost of services under the air transportation contract, I have fulfilled my obligations to your airline in good faith. However, your company, in violation of Article 4 of Federal Law No. 2300-1 of 02/07/1992 On the Protection of Consumer Rights, did not fulfill its obligations regarding the term of the contract.
In case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99. of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, and Consignees, is obliged to organize a strictly defined set of services for passengers free of charge, which your company did not fulfill. Since the flight departure delay was more than __________ hours, I had to pay at my own expense: services for storing my luggage - ___________ rubles; long-distance telephone call to inform my family about the flight delay - _______ rubles; long-distance telephone call to inform the travel agency about the delay flight and forced change of stay on vacation - _______ rubles purchase of soft drinks - _____________ rubles lunch in a restaurant - ______ rubles taxi travel from the airport to the hotel and back - _________ rubles hotel accommodation - ____________ rubles purchase of medicines for headaches and to lower blood pressure - ____________ rubles. Thus, due to the flight delay, I suffered direct losses in the amount of _____________ rubles.
Option #1.
Option #2.
Based on Articles 4, 15 and 29 of the Federal Law on the Protection of Consumer Rights, Article 120 of the Air Code of the Russian Federation and Article 15 of the Civil Code of the Russian Federation
In addition, I will ask the court, on the basis of Article 13 of the Federal Law on the Protection of Consumer Rights and Article 151 of the Civil Code of the Russian Federation, to recover from your company compensation for moral damage caused to me, which was caused to me by a flight delay due to the fault of your company. Considering the consequences of the physical and moral suffering caused to me, I value them at __________ rubles.
In case of refusal to fulfill my legal demands, when considering my claim in court, I will ask the court to collect a fine from your company to the state in accordance with paragraph 6 of Article 13 of the Federal Law on the Protection of Consumer Rights for failure to comply with the voluntary procedure for satisfying consumer demands.
Applications:
1. Copy of the air ticket.
Sample claim, complaint to the airline
To the head of the airline
from Ivanov Peter Vasilievich
Passport series __ No. ___, issued by _),
residing at:
If we take into account the actual period of delay (specify in hours and minutes), the airline is in violation of the relevant requirements of clause 92 of the Federal Aviation Rules General rules for air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees, approved by order of the Ministry of Transport of Russia dated June 28 2007 No. 82 (hereinafter referred to as FAP), did not provide information to flight passengers about the delay or cancellation of the flight and the reasons for the delay/cancellation of the flight (this information must be communicated visually and/or acoustically).
organization of luggage storage).
Taking into account the above circumstances, I
Option 1.
Option 2.
I demand compensation for the expenses that I spent on hot meals while waiting for the departure of the flight, expenses for hotel accommodation and luggage storage, which is confirmed (indicate documents confirming expenses - receipts, etc.).
I also believe that as a result of culpable inaction on the part of the airline and the violation of my rights as a consumer, I was caused moral damage in the amount of _____, the right to compensation for which I have on the basis of Art. 15 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 On the protection of consumer rights.
Signature, date
Note: If the claim cannot be served on the authorized representative of the carrier, you should send it to the address of the airline's location (listed in the Register of Operator Licenses posted on the official website of the Federal Air Transport Agency (Rosaviation)
Sample complaint from a tourist to the airline due to flight delay
CLAIM
on payment of fines and compensation for damages,
caused by flight delay
“___” _____ 200__ I paid in full and purchased air ticket(s) for flight No. ____ on route ___________. for which I paid __________ (______________) rubles. Thus, in accordance with clause 2 of Article 786 of the Civil Code of the Russian Federation, clause 1. Article 105 of the Air Code of the Russian Federation and clause 44 of the General Rules for the air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees (introduced by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82) I entered into an agreement with your company for the air transportation of passengers ( ov). Flight No. ____ was scheduled to depart at __ hours __ minutes local time “___” _____ 200__. This fact is confirmed by the issued air ticket(s).
“___” _____ 200__ flight did not take off. It was delayed until ____hours ___minutes "___" _____ 200__. This fact is confirmed by the mark of the airline/airport of destination on the form(s) of the air ticket(s).
In accordance with the provisions of Article 120 of the Air Code of the Russian Federation, for delay in delivering a passenger to the destination, the carrier must pay a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage charge, which in my case is ______________ (_____________) rubles.
In case of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99. of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, and Consignees, is obliged to organize a strictly defined set of services for passengers free of charge, which your company did not fulfill. Since the flight departure delay was more than __________ hours, I had to pay at my own expense: services for storing my luggage - ___________ rubles; long-distance telephone call to inform my family about the flight delay - _______ rubles; long-distance telephone call to inform the travel agency about the delay flight and forced change in the length of stay on vacation - _______ rubles purchase of soft drinks - _____________ rubles lunch in a restaurant - ______ rubles taxi travel from the airport to the hotel and back - _________ rubles hotel accommodation - ____________ rubles purchase of medicines for headaches and to lower blood pressure - ____________ rubles. Thus, due to the flight delay, I suffered direct losses in the amount of _____________ rubles. Option No. 1.
In addition, due to the delay in delivering me to the vacation spot, I also suffered the following direct losses: due to a reduction in the time of stay at the hotel by ___________ days - __________ rubles, cancellation of a paid excursion, which I could not take advantage of due to a delay in delivery - __________ rubles , and that in the amount of ____________ rubles. Option No. 2.
In addition, due to the delay in delivering me to my destination, I was unable to use pre-purchased transportation from ____________ to my place of residence, while my direct losses after returning previously purchased travel tickets and purchasing new ones amounted to __________ rubles.
1. Pay me voluntarily, in accordance with the notice of limitation of liability for delays in the delivery of passengers contained in my air ticket, a late fee in the amount of ____________ rubles.
2. Compensate for direct losses caused to me due to the flight delay in the amount of ___________ rubles.
If my legal demands are not satisfied, I will be forced to go to court with a statement of claim for forced collection of fines and damages.
In addition, I will ask the court, on the basis of Article 13 of the Federal Law “On the Protection of Consumer Rights” and Article 151 of the Civil Code of the Russian Federation, to recover from your company compensation for moral damage caused to me, which was caused to me by a flight delay due to the fault of your company. Considering the consequences of the physical and moral suffering caused to me, I value them at __________ rubles. In case of refusal to comply with my legal demands, when considering my claim in court, I will ask the court to collect a fine from your company to the state in accordance with paragraph
6 of Article 13 of the Federal Law “On the Protection of Consumer Rights” for failure to comply with the voluntary procedure for satisfying consumer requirements.
Applications:
1. Copy of the air ticket.
2. A copy of the invoice for storing luggage.
3. A copy of the bill for long-distance telephone calls.
4. A copy of the cash receipt for the purchase of soft drinks.
5. A copy of the bill for lunch at the restaurant.
6. A copy of the taxi fare invoice.
7. A copy of the hotel bill.
ARTICLES, ANALYTICS
To the head of the airline
(according to the name on the ticket)
residing at:
(indicate exact residential address)
CLAIM
I, Petr Vasilyevich Ivanov, have entered into an air transportation agreement with your airline, this is confirmed by a ticket (including electronic) series___ number_____, for flight ________ on route _______________ with departure date ________________.
However, to date, your airline has not fulfilled its obligations to transport me as a passenger from (specify the point of departure and destination) or has delayed it, thus, your company has violated the provisions of paragraph 1 of Art. 103 of the Air Code of the Russian Federation.
If we take into account the actual period of delay (indicate in hours and minutes), the airline is in violation of the relevant requirements of clause 92 of the Federal Aviation Rules “General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Services for Passengers, Shippers, Consignees”, approved by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82 (hereinafter referred to as the FAP), did not provide information to flight passengers about the delay or cancellation of the flight and the reasons for the delay/cancellation of the flight (this information must be communicated visually and/or acoustically).
In addition, in violation of the requirements of clause 99 of the FAP, I was not provided with free provision of services, the provision of which for the carrier in the above conditions (due to delay/cancellation of the flight) is a corresponding obligation (hereinafter, the types of services not provided are indicated depending on the actual circumstances):
Taking into account the above circumstances, I.
Option 1.
Based on clause 2 of Art. 795 of the Civil Code of the Russian Federation I refuse transportation due to the flight delay, and therefore I ask you to return the carriage fee to me, i.e. the amount of money paid for the ticket.
Subject to the relevant provisions of Art. 314 of the Civil Code of the Russian Federation, I ask you to return the money within seven days.
If the airline evades this obligation, I reserve the right additionally on the basis of Art. 395 of the Civil Code of the Russian Federation to demand payment of interest for the use of my funds due to their unlawful withholding.
Option 2.
I demand compensation for the expenses that I spent on hot meals while waiting for the departure of the flight, expenses for hotel accommodation and luggage storage, which is confirmed (indicate documents confirming expenses - receipts, etc.).
I also believe that as a result of culpable inaction on the part of the airline and the violation of my rights as a consumer, I was caused moral damage in the amount of _____, the right to compensation for which I have on the basis of Art. 15 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights.”
Taking into account the above, the amount of my claims is _________ rubles.
Signature, date
Note: If the claim cannot be served on the authorized representative of the carrier, you should send it to the address of the airline's location (listed in the Register of Operator Licenses posted on the official website of the Federal Air Transport Agency (Rosaviation).
Your flight has been delayed or cancelled. What to do?
Your suitcases are packed and while waiting for a speedy departure, you are suddenly informed that the flight is delayed or postponed. Time is running out, the vacation is almost ruined, the mood is at zero. What can you do? Little depends on you in these situations. But don't be discouraged...
In this regard, it is worth noting that regular flights are operated in accordance with the aircraft schedule, and charter flights are operated in accordance with the charter flight plan (schedule). In both cases, the carrier bears the same responsibility in the event of a change in the aircraft schedule, and must take all possible measures to inform passengers and shippers with whom the contract has been concluded about the change in the specified schedule in any available way. Therefore, it is in your interests to leave information about your contacts when concluding relevant contracts or purchasing tickets.
In addition, at the airport, the carrier or service organization is obliged to provide passengers with visual and acoustic information, in particular: about the time of departure and arrival of the aircraft about the place, the start and end time of check-in for the flight about the place, the start and end time of passenger boarding about flight delays or cancellations and the reasons for the delay or cancellation of the flight, etc. If the information is missing, feel free to ask for it from airline representatives or the airport administration.
In all cases of delay or cancellation of a flight, as well as changes in the transportation route due to the carrier’s fault due to adverse weather conditions, technical or other reasons, you are required to provide the services listed below, without charging additional fees:
If the carrier refuses to perform the above services, we recommend that you perform the following actions:
In addition to reimbursement of expenses for tickets, vouchers and excursions, you can demand compensation for moral damage if you prove that the fact of delay or cancellation of the flight, as well as the failure to fulfill the duties assigned to the carrier if it was his fault, caused you physical and mental suffering. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.
If you miss a connecting flight on one airline, you will be placed on the next flight, and the passenger will not be charged extra for accommodation in the premium cabin. You are required to return the difference if you paid for a luxury cabin and fly in a cabin with a lower level of comfort. The exception is when you are flying on different airlines. Then you will have to buy a ticket for the desired flight at your own expense. However, the airline whose flight is delayed is required to refund the cost of the ticket, so be sure to keep a copy of the ticket you purchased.
If air tickets are included in the total cost of the tour package, and also if your trip has been shortened due to a delay or flight cancellation, you have the right to demand a refund from the tour operator for paid but unused days and excursions. To do this, you must initially submit a claim to the tour operator in writing within 20 days from the date of expiration of the concluded contract. The claim is subject to consideration within 10 days from the date of receipt by the tour operator. If after the expiration of the established period you are refused or not answered at all, you can go to court.
Refund of the carriage charge is made by the carrier or, on his behalf, by an authorized agent at the place of payment for the carriage, as well as at the points provided for by the carrier’s rules. If the transportation was not completed on any section, then the entire amount paid for the transportation is returned, and if part of the transportation is completed, the amount for the unfulfilled part of the transportation is returned.
You also have the right to demand from the carrier payment of a fine for flight delay in the amount of twenty-five percent of the minimum wage for each hour of delay, but not more than fifty percent of the carriage charge. But only if the carrier does not prove that the delay occurred due to:
The carrier has the right to cancel or delay the flight indicated on the ticket, change the type of aircraft, change the route of transportation only if required by flight safety and/or aviation security conditions, as well as at the request of government bodies in accordance with their competence.
In addition to the above, it is worth noting that a similar responsibility rests with the carrier when operating international flights.
Have a safe and comfortable flight!
catalogue of articles
To the manager_______________________________________________
(indicate the name of the airline and its location address)
from___________________________________________________
(full full name, registration address and telephone number)
CLAIM
on compensation for losses caused by flight delays
“___” _____ 20__ I fully paid and purchased air ticket(s) for flight No. ____ on route ___________, for which I paid __________ (______________) rubles. Thus, in accordance with clause 2 of Article 786 of the Civil Code of the Russian Federation, clause 1. Article 105 of the Air Code of the Russian Federation and clause 44 of the General Rules for the air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees (introduced by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82) I entered into an agreement with your company for the air transportation of passengers ( ov).
Flight No. ____ was scheduled to depart at __ hours __ minutes local time “___” _____ 20__. This fact is confirmed by the issued air ticket(s).
“___” _____ 20__ flight did not take off. It was postponed until ____hours ___minutes "___" _____ 20__. This fact is confirmed by the mark of the airline/airport of destination on the form(s) of the air ticket(s).
Having paid in full the cost of services under the air transportation contract, I have fulfilled my obligations to your airline in good faith. However, your company, in violation of Article 4 of Federal Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights,” did not fulfill its obligations regarding the term of the contract.
In accordance with the provisions of Article 120 of the Air Code of the Russian Federation, for delay in delivering a passenger to the destination, the carrier must pay a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage charge, which in my case is ______________ (_____________) rubles.
In the event of any delay in flight departure, the air carrier, in accordance with the requirements of paragraph 99 of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and the requirements for servicing passengers, shippers, and consignees, is obliged to organize a strictly defined set of services for passengers free of charge, which your company did not provide. Since the flight departure delay was more than __________ hours, I had to pay at my own expense:
Services for storing my luggage - ___________ rubles
Long-distance telephone conversation to inform family about a flight delay - _______ rubles
Long-distance telephone conversation to inform a travel agency about a flight delay and a forced change in the length of stay on vacation - _______ rubles
Purchase of soft drinks – _____________ rubles
Lunch at a restaurant - ______ rubles
Taxi travel from the airport to the hotel and back - _________ rubles
Hotel accommodation - ____________ rubles
Purchasing medications for headaches and to lower blood pressure - ____________ rubles.
Thus, due to the flight delay, I suffered direct losses in the amount of _____________ rubles.
In addition, due to the delay in delivering me to the vacation spot, I also suffered the following direct losses: due to a reduction in the time of stay at the hotel by ___________ days - __________ rubles, cancellation of a paid excursion, which I could not take advantage of due to a delay in delivery - __________ rubles , and that in the amount of ____________ rubles.
In addition, due to the delay in delivering me to my destination, I was unable to use pre-purchased transportation from ____________ to my place of residence, while my direct losses after returning previously purchased travel tickets and purchasing new ones amounted to __________ rubles.
Based on Articles 4, 15 and 29 of the Federal Law “On the Protection of Consumer Rights”, Article 120 of the Air Code of the Russian Federation and Article 15 of the Civil Code of the Russian Federation
1. Pay me voluntarily, in accordance with the notice of limitation of liability for delays in the delivery of passengers contained in my air ticket, a late fee in the amount of ____________ rubles.
2. Compensate for direct losses caused to me due to the flight delay in the amount of ___________ rubles.
If my legal demands are not satisfied, I will be forced to go to court with a statement of claim for forced collection of fines and damages.
In addition, I will ask the court, on the basis of Article 13 of the Federal Law “On the Protection of Consumer Rights” and Article 151 of the Civil Code of the Russian Federation, to recover from your company compensation for moral damage caused to me, which was caused to me by a flight delay due to the fault of your company. Considering the consequences of the physical and moral suffering caused to me, I value them at __________ rubles.
In case of refusal to fulfill my legal demands, when considering my claim in court, I will ask the court to collect a fine from your company to the state in accordance with paragraph 6 of Article 13 of the Federal Law “On the Protection of Consumer Rights” for failure to comply with the voluntary procedure for satisfying consumer demands.
Applications:
1. Copy of the air ticket.
2. A copy of the invoice for storing luggage.
3. A copy of the bill for long-distance telephone calls.
4. A copy of the cash receipt for the purchase of soft drinks.
5. A copy of the bill for lunch at the restaurant.
6. A copy of the taxi fare invoice.
7. A copy of the hotel bill.
