A flight delay can disrupt a traveler's plans, spoil the mood before the flight and make it impossible to transfer to another flight on time. Many victims of long waits at the airport are unaware of the possibility of obtaining compensation if the carrier is at fault for the delay. In what amount and on what grounds compensation is provided for plane flight delays, we will find out from the article.
When is the airline at fault for delaying a flight?
Whenever a passenger is not allowed on a plane even though he has a purchased ticket, the airline is considered guilty and is obliged to pay compensation.
You can apply for compensation provided that the airline is to blame for the flight delay. This happens if:
- there was a discrepancy in the flight schedule;
- the crew did not prepare for departure in a timely manner;
- the flight was canceled due to an insufficient number of tickets sold or other reasons due to which the flight became unprofitable;
- more tickets were sold than it was possible to board passengers (this happens because, due to passengers refusing to take off, companies often sell 5% more tickets than there are seats in the cabin);
- in other situations when the carrier cannot confirm the existence of force majeure circumstances that led to the flight delay.
In what situations is the airline not to blame for a flight delay?
It is impossible to make a claim against the airline and demand compensation for the delay in the following cases:
- if the plane did not take off at the request of the competent authorities due to unfavorable weather conditions;
- if the flight was canceled at the insistence of the government. organs;
- if there is a strike of airport employees;
- if the flight was canceled due to the discovery of a malfunction of the aircraft, due to which there was a threat to the health and life of passengers;
- if there were force majeure circumstances (unrest, hostilities, terrorist attacks, natural disasters).
Compensation for delayed flight, passenger rights
If, due to a flight cancellation or delay, a passenger loses several days of vacation, the airline will compensate the cost of prepaid but unused hotel services, etc.
In case of flight cancellation, the passenger must be notified. If the warning took place a couple of days before departure, an alternative option should be offered passenger transportation to the destination, and the money for the ticket must be returned (even if there was a transfer and a round trip).
You can get your money back within 3 months from the date of flight cancellation. But in the case when the flight was canceled on the day the flight was scheduled, or even after the client arrived at the airport, he must be offered another ticket on a plane of the same company or a plane of another carrier (the passenger does not have to pay anything extra).
What rights does a passenger have when a flight is canceled or delayed?
When it becomes known about a flight delay, the passenger must first go to the airline staff and ask to put a delay mark on the ticket.
The flight delay can be minor, or it can last for many hours - depending on the length of the wait, the passenger is entitled to the following benefits:
- storage of luggage without payment, use of the room for mothers and children under 7 years of age, as well as for their accompanying persons;
- if delayed for 2 hours or more, the passenger has the right to demand sending 2 free email messages or making 2 calls, as well as free soft drinks;
- if the flight is delayed at least for 4 hours, the passenger is offered a hot lunch, which will continue to be offered every 6 hours;
- if the flight is delayed for 8 or more hours during the daytime or for 6 hours at night, the passenger will be accommodated in a hotel for free;
- the company will provide a free transfer to the hotel and back to the airport.
How much compensation is paid for flight delays?
If the flight was delayed due to the fault of the airline, the passenger will be paid the following amounts:
- 3% from the cost of a plane ticket for each hour of flight delay (as compensation for lost time);
- 25% from the current federal minimum wage for 1 hour of waiting for a flight (no more than half the cost of a plane ticket - as a fine).
When to file a claim with airline representatives
The claim (see sample claim ⇒) must be filed within six months from the date of flight delay or cancellation. For international flights, the application period is extended to 2 years. The claim will be considered within 30 days from the date of its receipt by company representatives. Compensation will be transferred to the applicant’s account within 2-6 months. If payment is refused or the amount of compensation is insufficient, the passenger has 3 years to file a claim.
Read also the article ⇒.
Common mistakes
Error: A passenger whose flight was delayed demands that his claim be considered under Russian law, whereas the flight was international.
For each passenger, compensation for delays, flight cancellations or denied boarding ranges from €250 to €600. The amount varies depending on the distance of your flight and the length of the delay (see table below). Receiving compensation is possible if the following conditions are met:
One of the following happened to you:
- Your flight was delayed for at least 3 hours
- Your flight has been canceled
- Your flight was delayed by less than 3 hours, but because of this you missed the next one connecting flight, and as a result arrived at the final destination more than 3 hours late
- You were denied boarding due to lack of available seats (overbooking)
Also if:
- The flight delay/cancellation is not caused by unfavorable weather conditions, strike of aviation personnel or other force majeure circumstances
- No more than 6 years have passed since the flight
The route/airline must also comply with the requirements of EU Regulation No. 261/2004
| Route\Airline | Airline from EU | Non-EU airline |
| From non-EU to non-EU | No | No |
| From non-EU to EU | Yes | No |
| From EU to non-EU | Yes | Yes |
| From EU to EU | Yes | Yes |
Or compliance with the requirements of Turkish legislation
Calculation of compensation amount
You can calculate the approximate amount of compensation yourself using the table below, or using our calculator absolutely free. The compensation ranges from €125 to €600. The average compensation for our clients is €450.
Passenger rights
It is worth remembering that compensation is in addition to the main airline services that are provided to passengers of delayed flights. Such services should include the following:
- refreshing drinks
- accommodation (if your flight was rescheduled for the next day)
- transport to your place of residence
- 2 phone calls
You are not entitled to compensation in the following cases:
- you were notified of the flight cancellation at least 14 days before the scheduled flight date;
- the airline has offered you another flight on the same route.
In the event of a flight cancellation due to circumstances beyond the airline's control, the airline must offer passengers the following:
- refund of payment for the ticket (in full or for the unused part of the route);
- alternative transport to your destination in the fastest way;
- rebooking for a later date that will be convenient for the passenger.
Compensation for denied boarding
In the event of a denied boarding, airlines will first look for passengers who can give up their reservation in exchange for certain benefits. The carrier must offer volunteers a choice between:
- Refund of the full cost of the ticket
- Changing the route
If the passenger chooses to change the route, the carrier undertakes to provide him with support while waiting for the next flight. This may include food, access to telephone communication, hotel accommodation (for one night or more, if necessary), as well as transport from the airport to your accommodation and back.
If you do not wish to cancel your booking and are refused boarding, you are entitled to compensation of between €250 and €600 per passenger plus a refund of the full cost of the ticket.
Flights with transfers
The rule for receiving compensation in the case of a connecting flight works exactly the same as in the case of direct flight. The only difference is that there may be more than one airline on your route and there may be stops in and outside the EU, which may affect your ability to apply Regulation (EC) No 261/2004. To make sure you are eligible for reimbursement, look at the origin and destination on your airline ticket.
If one or more flights are delayed or canceled en route to your final destination, it is the total delay in your arrival at your final destination that determines whether you are entitled to compensation.
All connecting flights must be purchased under the same booking number. If you have booked two separate flights of one or two different airlines, each flight is treated as a separate flight with its own starting and ending destinations.
| Distance | |||||
| Less than 2 hours | More than 2 hours | More than 3 hours | More than 4 hours | ||
| Denied boarding | € 125 | € 250 | € 250 | € 250 | 1500 km or less |
| € 200 | € 200 | € 400 | € 400 | ||
| € 300 | € 300 | € 300 | € 600 | ||
| Flight delay | €0 | €0 | € 250 | € 250 | 1500 km or less |
| €0 | €0 | € 400 | € 400 | All flights within the EU over 1500 km and all flights between 1500 and 3500 km | |
| €0 | € 0 | € 300 | € 600 | All flights with one non-EU destination over 3500 km | |
| Flight cancellation | € 125 | € 250 | € 250 | € 250 | 1500 km or less |
| € 200 | € 200 | € 400 | € 400 | All flights within the EU over 1500 km and all flights between 1500 and 3500 km | |
| € 300 | € 300 | € 300 | € 600 | All flights with one non-EU destination over 3500 km | |
MOSCOW, August 8 - RIA Novosti, Irina Ovchinnikova. Many tourists have developed their own traditions that they observe before the flight: a cup of coffee with a croissant in a cafe, a selfie against the backdrop of the airfield, pictures of tickets with passports, or, finally, meditation. But an unexpected delay or flight cancellation can ruin any traditions, ruining your upcoming vacation or return home.
What the airline is obliged to provide to passengers, what compensation is due to the traveler and whether it is worth going to court in case of failure to fulfill obligations - in the RIA Novosti material.
Spoiled vacation
“In May, my eight-year-old daughter and I were supposed to fly to Turkey, but for technical reasons the flight was delayed for a total of a day, which we spent at the airport,” says Muscovite Anastasia Sholokhova. “Representatives of the tour operator said that they were not to blame for the delay flight and will not pay compensation. A few weeks later the airline transferred the money - about six thousand, which, of course, will not compensate us for the ruined vacation."
Outraged tourists are sharing stories of flight delays on travel forums. However, according to the Federal Air Transport Agency, the number of delays, at least on charter flights, is decreasing: from June 15 to July 14 - almost tenfold, from 30% to 3.6%.
Compensation for waiting
According to the General Rules air transport, the airline has the right to cancel, delay the flight, change the aircraft and route if flight safety conditions require it.
In paragraph 99 of the rules, it is clarified that in the event of a delay or cancellation of a flight for reasons dependent and beyond the control of the carrier, it is obliged to provide a number of services.
For example, the opportunity to relax in the mother and child room for passengers with children under seven years old. If the flight is delayed for more than two hours, passengers must be offered soft drinks, and more than six - hot meals. More than eight hours during the day and more than six at night - stay in a hotel and organize luggage storage.
Payment of money
“In addition to meals, the airline is also obliged to pay monetary compensation,” explains Vladimir Starinsky, managing partner of the bar association. “The amount consists of three percent of the ticket price for each hour of delay and 25% of the minimum wage. Moreover, if a ticket was purchased for a connecting flight, then it The cost must also be reimbursed."
The expert says that it is necessary to file a claim with the airline, not forgetting to indicate the current account number for the money transfer in the application. If the carrier does not respond and does not send money, go to court. “You can also count on compensation for moral damage, except in situations where force majeure circumstances acted,” adds Starinsky.
The rules for paying for delays on international flights differ from those on domestic flights. The National Tourism Union reminds that in 2017 Russia joined the Montreal Convention and the amount of compensation is now tied to special drawing rights, which are calculated on the basis of the Japanese yen, euro, dollar and pound sterling.
According to the convention, compensation of up to 370 thousand rubles is due for flight delays, depending on the losses incurred. But first you will have to prove in court that the passenger actually suffered serious material damage.
Flight cancellation
If the flight is cancelled, the airline is obliged to return the full cost of the ticket to the passenger, the organization “Club for the Protection of Tourist Rights” emphasizes. To do this, it is usually enough to go to the counter of the relevant company at the airport, to the ticket office, or to issue a refund on the carrier’s website. In any case, you will need to write an application in any form and attach air tickets to it.
It is worth considering that their cost is refunded within 60 days, so many experts recommend agreeing to an alternative route that the carrier is obliged to offer. According to Russian law, there are no additional compensation for cancellation.
What else is important to know
“If you find out that your flight is delayed, the first thing you need to do is take a photo of the board with this information. It will come in handy in court,” advises Kirill Yankov, chairman of the Passengers Union. “It’s not as troublesome as it seems: you can sue Russian carriers for the plaintiff’s place of residence, and not the defendant’s location.”
According to him, if a delay causes a passenger to miss a connecting flight, the airline may refuse to refund the money. The internal rules of some carriers do not regard this as a valid reason. "It is also possible that there will be difficulties with the delay charter flight, because the tourist does not communicate directly with the airline,” the expert adds. “Read carefully the contract you sign when buying a tour: it often stipulates the possibility of rescheduling the flight.”
Head of the legal service of ATOR Nadezhda Efremova notes that when flying charter and regular flights Passengers' rights are identical; the operator only represents the interests of the passenger.
“Most likely, the tour operator’s contract says what is written in all airline contracts: a delay is possible for reasons beyond their control,” she says. “Be that as it may, no one is stopping passengers of charter flights from going to court.”
Trial
“People often go to court to demand compensation from an airline for a flight delay,” says Vladimir Starinsky. “As a result, thousands of passengers receive millions. On average, for a delay of four to six hours, you can count on 20-30 thousand rubles - this is the amount due to everyone.” , plus compensation for moral damage."
There is an option not to go to court - various services have recently become widespread to help passengers get money.
Artem Smirnov was flying on vacation in January. However, his flight was delayed. For several weeks he contacted airline representatives to no avail. Then I decided to use the services of a money return service: “The amount came to my account a month later - out of 800 euros of compensation minus the intermediary’s percentage, I received 600 and was satisfied.”
It’s too early to talk about the effectiveness of such services, says lawyer Vladimir Starinsky: “There are useful ones and useless ones. However, like lawyers, there are many good ones, but there are also scammers.”
22 June 2017, 12:36Charter delays peak around summer time when masses of vacationers move to warmer climes. Sitting on suitcases at the airport is one of the nightmares of our tourists. PROturizm has collected a minimum of advice on how to correctly perceive this problem.
When the unpleasant message “flight delayed” appears on the board, the main thing is not to panic. It is always advisable to have a representative (of the airline or airport) come to meet you and explain what is happening.
Reasons for charter flight delays
There are various reasons for flight delays. Sometimes the data differs between the airport and the airline. To determine the exact reason, the courts make inquiries to weather and other airport services.
- Plane non-arrival
- Airplane breakdown
- Weather (meteo) conditions
If the flight is delayed for reasons beyond the airline's control, you will not be able to receive financial compensation. But in any case, the airline is obliged to provide you with certain amenities while waiting for your flight.
This is where the first difficulties arise - it is not profitable for airlines to confess, and passengers do not know their rights. So - the flag is in our hands, or rather FAP - federal aviation regulations.
Responsibilities of the airline in case of flight delay
The first thing the air carrier (or airport) must do is inform passengers about changes in the schedule and the reasons for the changes. This is stated in paragraph 92 of the FAP (Federal Aviation Regulations).
If the airline does not notify passengers and a representative cannot be found, you can complain about charter carriers to the Federal Air Transport Agency and tour operators. The first, since they are a higher organization above the airline. The second - as having entered into an agreement for charter transportation, now they are responsible to passengers for the services provided.
What should you do if your charter flight is delayed?
If you intend to make a claim, obtain a certificate of flight delay (cancellation). The boarding pass must indicate (by hand) the current departure time and be stamped.
If you are not provided with mandatory services while waiting for a flight, buy them yourself, keep the receipts and submit the costs for reimbursement to your tour operator, and he will deal with the charter carrier. Please note that monetary compensation can only be obtained if the carrier’s fault for the flight delay is proven. In Russia, the amount of compensation for flight delays is determined at 25% of the minimum wage for each hour of delay, but not more than 50% of the ticket price.
Passenger rights in case of flight delay
According to paragraph 99 of the above air rules, if a flight is delayed, passengers with children under 7 years of age are required to provide a room for mother and child, and for the rest, organize luggage storage.
After two hours of waiting, air passengers are entitled to soft drinks and 2 phone calls or the opportunity to send two emails at the airline's expense.
So, if a flight is delayed, the airline is obliged to provide:
- after 2 hours - soft drinks and 2 telephone or email messages,
- after 4 hours - hot food, and then every 6 hours during the day (or 8 hours at night),
- every 6 hours at night (8 hours during the day) – free hotel accommodation (and transportation to and from it).
Unfortunately, for charters, rescheduling flights for up to 10 hours is acceptable. If the airline delays the flight for a longer period, the Law “On Protection of Consumer Rights” comes into force. Such a flight delay is a significant change in the terms of the contract between the tourist and the tour operator. In case of “loss of a day” of rest, Rospotrebnadzor comes to the protection of the Consumer and compensation can be obtained.
What you need to know about charter flight delays
Different types of liability are shared between scheduled and charter flight carriers. In the latter case, the tour operator who chartered the plane is responsible for transportation, and not the carrier itself.
For any reason for a flight delay, the air carrier is obliged to provide the passenger with the opportunity to make a call, refreshments, hot meals, and hotel accommodation within a certain period of time.
The first thing you need to do is get a flight delay stamp from the check-in counter. Then, if you are not provided with the necessary “conveniences” in due time, you can, as a last resort, order them yourself and then present checks for payment to the airline or tour operator. Here the showdown can bring you to court, but often it doesn’t come to that, and the claims are considered by the guilty party in a pre-trial manner.
You can file a claim within six months from the date of the flight, and the airline (tour operator) must consider it within 30 days.
Consequences of flight delays
Since the beginning of the season, the tourism community has been solving problems with the postponement and cancellation of VIM-Avia flights. In the case of charters, responsibility for transporting vacationers to their vacation destination passes to the customer of the transportation, that is, the tour operator.
It is a rare airline passenger who has not experienced a flight delay. Unpleasant situations associated with long waits for a plane to take off are especially difficult to bear if the passenger is in a sterile area or is already on board the plane.
At the same time, not every traveler knows that he can receive monetary compensation for a delayed flight and a spoiled mood.
In what cases can you receive compensation?
Compensation can be paid if the airline itself admits guilt in causing the plane to be delayed or is found guilty by a court.
The airline is considered to be at fault in the following cases:
Overbooking. Statistics show that for almost every flight there are people who are late for check-in at the airport. To fill empty seats and prevent losses, many airlines sell more airline tickets than seats on the aircraft.
You can read in detail about overbooking in this FlyNow material. But we must admit that airlines' games with profits and losses should not affect passengers in any way.
Your flight has departed, but you don't have a seat on the plane? This is 99.9% overbooking!. If your flight is significantly delayed, you have the right to demand compensation.
If the flight crew is to blame for the flight delay, which turned out to be not ready for flight.
The reasons related to the crew may be very different, but they do not concern passengers. The airline must anticipate such situations and send the plane on schedule.
If the flight is canceled due to the fact that the carrier airline considered it economically unprofitable.
Such situations happen often. For example, a certain airline operates two flights a day on the route. But too few tickets have been sold for one of the morning flights and a decision is made: cancel one morning flight. The airline combines passengers on two flights, morning and evening, into one flight and sends them to Moscow on an evening plane.
Of course, this is a violation of passenger rights.
Economic and financial situation of the airline also should not affect the timely departure of the aircraft.
If it suddenly turns out that the airline cannot pay for fuel or airport services, then where do the passengers come from? They have already paid for their trip and are waiting for the paid service to be provided.
Any other cases, if the carrier cannot prove the presence of force majeure circumstances that influenced the delay or cancellation of the aircraft departure.
In what cases should you not expect to receive compensation?
Adverse weather conditions– a common cause of flight delays. And, although in some cases the decision to take off is made by the captain of the aircraft, the decision to delay a flight is related solely to the safety of passengers.
If the flight delay is due to eliminating a technical malfunction of the aircraft. This case is also related to the safety and health of passengers, and therefore does not fall into the list of conditions for receiving compensation.
If the flight delay is due to circumstances beyond the airline's control. For example, a strike by air traffic controllers or other airport employees.
Compensation is not provided in case of force majeure circumstances: threat of terrorist attack, natural disaster, mass civil unrest, military action in the departure area or along the flight route.
Passenger rights in case of flight delay
Regardless of the reasons for the delay, the passenger has the right to receive the following services from the airline:
- If there is a delay of more than 2 hours, you must be provided with refreshments;
- If there is a delay of more than 4 hours, you should be fed a hot lunch;
- If the delay is from 6 hours at night and from 8 hours during the day, you must be accommodated in a hotel for rest. The airline is also responsible for transporting passengers to and from the hotel.
If the airline does not provide these services to you, request them from the airline representative at the airport.
Amount of monetary compensation for flight delay
Compensation for flight delays consists of two components:
- 25% of the minimum wage (SMW) for each hour of delay, but not more than half the cost of a plane ticket;
- 3% of the air ticket price for each hour of delay.
Protection of the rights of passengers when flying across the territory of Russia is ensured by the following laws and acts:
- Air Code of the Russian Federation (Law No. 60-FZ);
- Order of the Ministry of Transport of the Russian Federation No. 82 “On approval of Federal Aviation Rules”;
- Law “On Protection of Consumer Rights”;
- Civil Code of the Russian Federation.
Attention! When flying abroad by Russian and foreign airlines, different rules apply for compensation for delayed flight departure!
How to get compensation for delay
The first thing you must do is to put a stamp on your itinerary receipt, which will officially confirm the delay.
Be sure to keep all receipts for meals in airport cafes and restaurants, receipts for luggage storage services, taxi fares and other expenses you incurred while waiting for your flight.
Then you need to submit a claim to the airline by writing a free-form email and indicating all the necessary data on the claim: departure date, flight number, delay time and other requirements.
Attach a scan of your itinerary receipt with a note about the delay to the letter; scans of receipts confirming your expenses at the airport; documents confirming your material and moral damage associated with the flight delay: tickets to a concert or other events, invitations or other events that you missed due to the fault of the airline. Be sure to save your sent letter on your computer.
You can also file a claim with the airline representative at the airport of arrival.
If the airline has agreed to pay you compensation, it may ask you to send the original application and other documents by registered mail. But don’t forget to make copies of these documents for yourself before doing so, just in case.
.You can file a claim for flight delay and payment of compensation when flying within Russia within six months from the moment of flight delay or cancellation.
According to the Air Code of the Russian Federation, the airline is obliged to respond to your complaint within 30 days. If you have not received a response or the response to your claim does not satisfy you, file a claim in court. Attach the originals of your itinerary receipt and checks to your application, also attach a printout of the letter to the airline with your claim and the response from the airline representatives.
You need to understand that your expenses while waiting at the airport should be reasonable. No one will pay for expensive purchases at Duty-Free or lunch at a chic restaurant.
