Is it possible to get a refund for a flight delay? Under what circumstances is the carrier considered at fault? In Russian federation

11.12.202327.05.2017

When planning a trip by plane, force majeure circumstances may arise. Due to many of them, air carriers cancel flights or announce delays. What should travelers do in this case?

Air passenger rights in case of flight delay

The departure or arrival of an aircraft is delayed for various reasons. Air carrier employees notify customers who have already purchased tickets about it. There is a special service at the airport for this. If the plane's departure is cancelled, the company sends out SMS messages.

In Russian federation

When a plane's flight is canceled or delayed, any airline has certain obligations to its customers.

Regardless of how long the flight was delayed, each passenger has certain rights. They are established by the legislation of the Russian Federation.

If the flight is delayed for 5-15 minutes Travelers with children under seven years old are provided with a special room - the “Mother and Child” room. It is equipped specifically for rest, feeding and other needs.

If an aircraft's departure is delayed by no more than 2 hours, each traveler has the right to make two free phone calls. Airline staff must provide water and other drinks.

If a flight is delayed by 4 hours or more, waiting travelers must be provided with hot meal vouchers. During the day, passengers must eat every 6 hours, at night - every 8 hours.

If a flight is delayed for 8 hours or more, the airline must accommodate people waiting for the plane in a hotel. Their transfer, luggage storage are her obligations.

There is no need to wait for company employees to bring drinks or give out coupons for free food. You need to approach them yourself.

Do not ask questions to airport staff. Their organization is an intermediary and provides services only for issuing tickets, checking luggage, and boarding a flight.

In Europe and abroad

The work of European airlines is regulated by “Regulation of the European Parliament and Council” No. 261/2004. It is valid only in the European Union and for companies registered in its territory.

Air carriers must provide their customers with free food and drinks in the following cases:

When an aircraft's departure is delayed for 2 hours or more. The flight length is up to 1500 km.
If the flight is delayed for 3 or more hours, and flights are carried out only within the EU. Their length reaches 1500-3500 km.
If the flight is delayed for 4 hours or more.

The passenger can make two free phone calls. In the event that the departure or arrival of an aircraft is delayed by one or several days, the airline provides a hotel room. Compensation can only be received if the flight is delayed for 3 or more hours due to the fault of the air carrier. These rules are set by the EU Parliament.

Compensation for flight delays in Russia

Even the slightest delay in departure can be fraught with material costs for the traveler. For example, an important meeting was missed or contractual obligations were violated.

In this case, compensation is provided for flight delays. It is paid in the Russian Federation if the delay was due to the fault of the airline.

Important. Financial compensation is not paid if the plane is late or does not take off due to bad weather conditions.

It will also not be paid in the following cases:

industry strikes of employees began;
there have been changes in social life that affect the safety of flights (war, epidemic, etc.);
state restrictions on air transportation have been established;
a malfunction of the aircraft has been identified, which may lead to a risk of crash.

In the Russian Federation, according to the established rules for delays of aircraft flights due to the fault of the air carrier, the amount of compensation is 25-50% of the minimum wage. The percentage of financial payment depends on many circumstances.

Advice! To exercise the right to payment of compensation in full, you must put a special mark with an airline employee.

Amount of compensation for flight delay to the EU

In the European Union the amount of compensation is fixed. It depends on the flight distance and flight delay time.

To receive a financial payment, a mark must be placed on the travel document. This is performed by an airport or airline employee. When collecting large evidence, you can take a photo of the board on which information about the flight delay was displayed.

Interesting! If the air carrier notifies the customer of a flight cancellation or delay 14 days in advance, no compensation will be paid. If this period is shorter, the passenger can count on a financial payment in the same amount as in case of a flight delay.

How to get paid: detailed instructions

Unfortunately, not all air carriers strive to maintain their positive reputation. Not only do they not provide travelers with drinks or free food vouchers, but they are also slow to answer questions about reimbursement.

If all the passengers' demands have been ignored, they can collect a package of documents and go to court.

Supporting documents:

a copy of the ticket with a note about the cancellation or delay of the flight;
letters or invitations if you planned to travel abroad to visit relatives or to an important event;
copies of tickets for excursions;
receipts or checks for hotel accommodation and meals for the entire time you are waiting for the flight.

You also need to write a complaint. It is handed over to an airline employee along with the collected package of documents.

Advice. It is better to send all this by registered mail. This will give travelers proof that they have filed a complaint.

Some people photocopy the claim. Its second copy is signed by the airline employee to whom it was handed over. He indicates the date of application and his data (full name, position).

You can apply for compensation immediately after the exact time of the aircraft’s departure delay has been established. But no later than 6 months from the date of flight cancellation or delay. In the EU, this period is set individually for each airline.

Complaint consideration period

According to the legislation of the Russian Federation, complaints about the airline's work are considered within 30 days. After this period, the air carrier either compensates for the damage or refuses to pay compensation. At the same time, he must provide irrefutable evidence of his innocence.

Note. The rules for transporting passengers by air do not specify the exact time at which compensation must be paid. Sometimes this process drags on for months.

In the European Union the situation is different. Airlines pay compensation no later than 7 days after consideration of the complaint.

Litigation

“Fighting” with the airline on your own for the right to receive compensation is a difficult task. This organization employs experienced lawyers. They do their jobs well. And sometimes it is not possible to receive the long-awaited compensation.

Advice. In this case, you need to seek help from professional lawyers. They will help collect sufficient evidence of the airline’s guilt.

The court must provide supporting documents. You can file a claim within 3 years from the date of the flight delay.

What to do if, due to a delay in one flight, a passenger is late for another

The outcome of the situation depends on how the traveler issued his ticket. For example, he makes a flight from Krasnodar to Minsk with a transfer to Moscow. In this case, the airline is responsible for the Moscow - Minsk flight. They will put the traveler on the nearest plane that flies in that direction.

Important. Receiving compensation due to the current situation is possible if the passenger arrived at the destination 3 hours or more late.

If documents were purchased for two separate flights (“Krasnodar - Moscow” and “Moscow - Minsk”), the air carrier is not responsible for being late for the second plane.

What to do if the airline does not provide a hotel

This situation happens quite often. What to do if your flight is delayed for a day or more? And the airline ignores its obligations.

The first thing you need to do is to mark the flight delay with a company employee. Next, you need to collect all receipts: for food, luggage storage. When checking into the hotel, ask for supporting documents indicating the amount of payment. They will be evidence of material expenses that the carrier company must reimburse.

Upon arrival at the airline, the passenger writes a statement in the prescribed form. You can get it from an employee. He attaches copies of the collected documents to it. It is also necessary to provide a copy of the ticket, which contains a note about the delay or cancellation of the flight.

On the website of many airlines it is possible to submit such a complaint online. As practice has shown, it is better to submit the application in person or send it by mail (issue a registered letter). This way there will be a greater chance that the claim will be considered on time and a decision will be made on it.

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Air transport is undoubtedly the fastest, most convenient and safest, so it is not at all surprising that most travelers choose to travel by plane. But unfortunately, not all airlines fully cope with their work. In particular, some people delay their flight, and not because of the vagaries of the weather.

Many people have probably had to deal with this rather unpleasant situation, but not everyone, as practice shows, knows the rights of passengers when their flight is delayed. Let's try to analyze this topic more carefully so that everyone, if necessary, can independently deal with the pressing problem.

First of all, you should understand: the purchased air ticket acts as a contract with the carrier, which in the future must serve passengers. And his main responsibility is to deliver the client to the right place in a timely manner and take care of his safety.Taking into account previously established rules regarding the protection of consumer rights, the airline, when a flight is delayed, is obliged to:

Passengers with small children whose age has not exceeded 7 years will be provided with a room for mother and child free of charge, regardless of whether the flight departure is delayed by 30 minutes or 6 hours.
A carrier that delays a flight by 4 hours is obliged to provide hot meals free of charge to adults and children. For this purpose, clients are issued coupons with which they can order lunch in restaurants or coffee shops operating on the pier territory.
If the departure of the airliner is delayed for a longer time, approximately 7-8 hours, the culprit of the delay is obliged to provide its clients with places to stay in the hotel complex. If there is no hotel on the territory of the airport, the airline pays for the transfer and also controls the safety of the luggage of all passengers.

Unfortunately, not many companies are committed to providing both drinks and food stamps to their customers. Therefore, passengers should take the initiative to contact representatives to remind them of the airline's responsibilities in the event of a flight delay.

Under what circumstances is the carrier considered at fault?

Initially, you need to figure out whether the air transport departure is really delayed due to the fault of the company. The Civil Code of the Russian Federation clearly indicates the reasons why the carrier will be considered as the culprit:

in case of inconsistency in the previously approved schedule;
if the airliner or crew members are not ready to serve customers;
when passengers refuse to use the carrier’s services due to so-called overbooking: that is, if the company decides to put more clients on board the aircraft than are provided in the passenger seats.

The carrier is considered innocent if the following reasons prevent him from fulfilling his duties in a timely manner:

unfavorable, sharply changed weather conditions;
all kinds of natural phenomena - for example, fire or floods;
actions of military significance;
a ban on the transportation of goods or passengers in the selected direction.

Also, the airline will not be guilty of delay if the crew identifies a malfunction in the vehicle that could cause the airliner to crash.

What can a passenger expect?

Clearly, an airline has a responsibility to all of its customers. Depending on how many hours the air transport departure will be delayed, the actions of the airline employees depend:

If the plane's takeoff is delayed by a couple of days, the at-fault party can offer its clients two ways to solve this problem:

flight in the desired direction on another transport serviced by the same carrier;
refund of the full amount of money spent on the purchase of an air ticket. In this situation, it should be borne in mind that it will be possible to return the money spent on tickets in both directions only if the purchased tickets are marked on a single form.

If the departure of transport is delayed after customers have arrived at the airport, and they are currently checking in, then first of all the carrier must inform about the delay time, and also offer several options to get out of the unpleasant situation. Most often, passengers are simply asked to fly using the service of another airline, without making additional payment if the culprit is the previously chosen carrier.

Important! Compensation for aircraft flight delays is due to all passengers flying in EU airspace.

Amount of compensation in the Russian Federation

If the company cannot prove its innocence regarding the delay in air transport departure, then, according to the current legislation of our country, it must pay its customers 3% of the total cost of the air ticket for every 60 minutes of forced waiting. The amount of money under other circumstances is considered as compensation for the delay. Also, the culprit is required to pay 25% of the minimum wage as a fine for every 60 minutes, but the total payment amount should not exceed half the purchase price.

According to the law of our country, the injured party is not entitled to other types of compensation. But the passenger has the right to both demand a refund of the amount spent on the ticket and use the services of an alternative flight offered by the culprit.

What actions should be taken if the plane's departure is delayed?

So, the air transport departure has been delayed. First of all, you need to find the office of the guilty carrier or contact his representative. An employee can be found at the check-in counter or at the airport ticket office. If the passenger has already passed passport control, then the representative may be at a special gate, from which, according to the previously approved plan, the plane should take off.

If you cannot find a representative, you should find out at the information desk where you can find an employee, or call the airline office, finding out the phone number on the carrier’s official website.

Having found a representative, you need to get from him everything that the injured party needs, taking into account the flight delay: drinks, food stamps and hotel room. And it is imperative to receive a note from the employee, which will clearly indicate how long the flight departure will be delayed. The airport employee serving customers at the information desk can also put the appropriate mark.

Most often, the delay time is noted on the itinerary receipt, and it is also indicated here what exactly the injured party received - for example, food stamps and so on.Even if it is not possible to put a confirmation mark, there is no need to worry prematurely, because the delay will be documented, which means that upon arrival, passengers have the right to send a written complaint to the office of the guilty airline.

Receiving compensation

It is equally important to figure out how to get compensation. This process is quite simple, because for this you will need to have a note on hand about the flight delay due to the fault of the carrier. Upon returning from a trip, the injured party must contact the airline with the following documents:

An application written according to a special template, which can be viewed on the air carrier’s Internet resource.
Boarding pass.
A note about the flight delay placed on the boarding pass.

The exact time for refunding money is not specified in Russian legislation, so the carrier has the right to make adjustments, of course, within a reasonable understanding, regarding this issue. As practice shows, most often financial compensation is received by injured passengers 2-3 months after submitting documents. However, the consideration of the case can often drag on for 6-7 months.

Regardless of how long the airline reschedules the flight, you need to try to collect as much evidence of this fact as possible in order to receive compensation. That is, get a note about the delay, collect receipts issued for the purchase of food and drinks, and even take a photo of the takeoff and landing board of the previously selected flight to confirm a change in the previously established status. The more evidence is collected, the higher the chance of receiving financial compensation for the injured party.

In contact with

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 for passengers at the points of departure and intermediate the following services:

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 starts 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 No. 52-FZ of April 3, 2017, 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 if 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 the seller’s violation of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection is subject to compensation by the 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.

"Your flight is delayed." "Your flight has been cancelled." Air passengers waiting for a plane often hear such announcements. Have you also encountered a similar situation? Do you know how to get compensation for a delayed flight? Let's figure out what needs to be done and where to go to restore justice.

When is compensation due for a flight delay?

No one will cancel, delay or reschedule a flight just like that. There must be reasons for this. For example, unfavorable weather, technical malfunction of the airliner, etc. Passengers can receive compensation only when the violation is the fault of the airline. Such cases include: unpreparedness of the crew or board for the flight, unprofitable flight, discrepancies in the schedule.

Some organizations deliberately sell more tickets. The fact is that, according to statistics, some clients return tickets at the last minute. To avoid losses, additional insurance is created. But the opposite effect is possible, called “overbooking”: there are more people than seats in the cabin. Then the air carrier is forced to refuse the flight to “extra” passengers. In this case, he must return the money.

Based on Art. 794 and 795 of the Civil Code of the Russian Federation, liability is not provided if the flight was delayed due to external circumstances: adverse weather conditions, natural disasters, staff strike, technical malfunction of the aircraft and other circumstances that pose a threat to life. Flights also have to be delayed if there are military operations or charter flights to certain destinations are prohibited. In such cases, it will not be possible to return the money.

When protecting your rights, rely on the following legal documents:

Civil Code – Art. 794 and 795;
Air Code – Art. 126, paragraph 4 of Art. 124;
Law “On Protection of Consumer Rights” – clause 5 of Art. 28;
Federal Aviation Rules (FAR) - paragraphs 99, 227.

It doesn’t matter which flight you took: regular or charter. Which company you chose (national or low-cost airline) also doesn’t matter. Passengers have the same rights in all cases.

What the airline must provide free of charge

Clause 99 of the Federal Aviation Rules sets out how carriers must compensate for the inconvenience caused to passengers due to flight delay/rescheduling/cancellation. Which services are provided free of charge and under what conditions are shown in the table.

Can a carrier accommodate other people when providing accommodation due to a delayed flight? Definitely no. If passengers are dissatisfied with the chosen room (for objective reasons), they have the right to choose a hotel on their own. However, in such cases it is not always possible to fully compensate for the cost of living, and the company is not obliged to pay for transportation services.

In European countries, the same compensation is provided for the inconvenience caused (overnight, meals). But there is one difference: when the flight is postponed by more than 5 hours, you can not only return the money for the air ticket, but also demand a free return to the original point. The company must fulfill these obligations.

Compensation for cancellation and rescheduling of flights in Russia

In case of flight delays or cancellations due to the fault of the airline, passengers receive compensation in the amount of 3% of the ticket price/hour and a quarter of the minimum wage. The legislation says nothing about additional compensation.

When a flight is canceled several days before departure, the at-fault company may offer an alternative flight through another carrier. The place of arrival does not change. Passengers cannot be charged extra. The second way to solve the problem is to return the full cost of the air ticket based on clause 227 of the FAP.

Note: When you buy one ticket with a transfer, you can offset the cost of the entire flight. But if you issue two tickets separately, compensation is paid differently. For example, the first flight in the direction Moscow - Buenos Aires and Buenos Aires - Cordoba was cancelled. Then the money is returned only for the route Moscow - Buenos Aires, the cost of the second flight is compensated according to standard rules. If the flight from Buenos Aires to Cordoba did not take place and the passenger had a wasted trip, the offending organization returns the funds spent on the flight to the capital of Argentina and pays for the return to Russia.

Compensation for violations depending on timing and distance

If you are flying from an EU country or the airline you are flying with is registered in the European Union, you can expect to receive compensation of up to €600.

The amount of compensation is affected by waiting time and distance. You cannot receive it if the flight is delayed by 2 to 3 hours. When the wait lasts from 3 to 4 hours, passengers are paid:

250 € – distance does not exceed 1500 km;
400 € – from 1500 to 3500 km;
400 € – more than 1500 km within the European Union;
300 € – the distance between airports is more than 3,500 km.

You can receive compensation for flight delays in the amount of 600 € when the delay exceeds 4 hours.

What compensation is due for a canceled flight depends on when the passenger learned about it. If the message arrived two weeks before departure (or later), the amount will be from 125 to 600 € (depending on the distance and delay time of the alternative route). If the notice period exceeds 14 days, no payment will be given.

US airlines do not provide compensation to passengers for canceled, delayed or rescheduled flights. Free food, drinks and phone calls are also not provided.

How to make a claim

When the air carrier has not fulfilled its obligations due to its own fault and is not going to compensate for the damage, file a claim. Prepare as many documents as possible confirming the fact of violation of the contract. Of course, you need to collect them in advance.

Checks, receipts and other papers that reflect your expenses while waiting for the plane will be useful. For example, staying in a hotel, traveling by transport, buying drinks and food at the airport, etc. It is advisable to take a photo of the departure board so that the current time and flight status can be seen. After announcing the delay, ask airline representatives to certify the air ticket with a stamp and put the appropriate mark. When boarding, indicate the actual departure time.

Based on Art. 126 of the VZK of the Russian Federation, claims can be made against the airline within six months from the date of violation of the contract. In European countries, the period has been extended to two years (Montreal Convention), and in the UK - to six years.

Where to apply for compensation

Submit your prepared claim to airline representatives at the place of arrival or departure. If you can’t find them, send the document by registered mail with an inventory to the organization’s address. Be sure to keep a copy of the application and confirmation of delivery - this is your evidence. The company must respond to the complaint within a month. There is a third option - to file a complaint on the company’s official website, but such requests are most often ignored.

After submitting the complaint, no action was taken? Have you received an unfair refusal? Then go to court. It is advisable to work with a lawyer, since winning a dispute with an airline can be difficult. Be sure to adhere to the deadline for filing a claim. When a flight is delayed/cancelled/rescheduled due to the fault of the air carrier, 25% of the minimum wage is reimbursed. Receiving compensation in excess of 1/2 of the ticket price is not possible.

Claiming compensation for flight delays through Compensair.com

Go to the official website Compensair.com and click on the “Check Flight” button.

Enter the required information: arrival/departure location, date, airline name and duration of delay. Please indicate whether the organization has offered an alternative flight. Then click on the “Calculate compensation” button.

Find out if you are entitled to payments. If applicable, send a request to the Compensair.com service specialists. They will analyze your situation and prepare an initial claim. They will negotiate with the lawyers of the offending airline to resolve the conflict out of court.

It is beneficial to use the Compensair.com service because employees take on all the risks, paperwork and routine work. You save time and nerves that you already had to spend on an unsuccessful flight. But there are certain conditions:

the service charges a commission of 25% on the compensation received;
representatives are engaged in matters for which compensation of at least 250 € is due;
Cases that are less than 6 years old are considered;
recovery of compensation is not possible for a delayed flight, canceled or rescheduled due to force majeure.

Unfortunately, many airlines experience schedule disruptions and flight delays are a common occurrence. But this does not mean that passengers should take it calmly. No. Just prepare for everything in advance. Our recommendations will definitely help you protect your interests.

For canceled or delayed flights, passengers traveling on European airlines or simply flying from the EU can receive up to €600 in compensation. How to achieve this payment and what services will help speed up the process?

According to the European Parliament and Council EC No. 261, passengers whose flight was canceled or delayed for more than three hours can receive from the air carrier €200 to €600. This rule applies to flights of European airlines around the world and flights of any companies from European countries. Thus, clients of Russian airlines who fly from Europe can also claim this money - unlike those who fly with them within Russia, the USA or Asia. The fact is that Russia is still in favor of the Montreal Convention, which unifies the obligations of air carriers to passengers.

The key factor in qualifying for compensation is the reason for the flight cancellation or delay. “It must be the airline’s fault - for example, problems with the plane or some technical reasons,” explains Evgeniy Lonsky, regional director of the international compensation service AirHelp in Eastern Europe. “Other cases, such as terrorist attacks, strikes and bad weather, are not eligible for compensation.”

The amount of compensation, according to EU regulation, depends on two factors: the flight distance and the delay time. So, if the flight is delayed by more than three hours and its flight distance is less than 1,500 km, the airline must pay the passenger €250. If the delay is more than four hours and the flight is more than 3,500 km, the amount increases to €600. Evgeny Lonsky notes that in case of long delays, the airline must also provide passengers with water, food and a hotel. But this does not relieve the carrier from having to pay compensation. “The law clearly states that if the plane arrives more than three hours late, compensation is due,” says Lonsky.

You can claim compensation for several years. “It depends on the country in which the airline is registered, or on the country of departure - if we are not talking about a European company. Usually this period ranges from two years, as in Spain, to six, as in England,” says Roman Gilmanov, CEO of the Russian company Compensair, operator of a service for receiving compensation from airlines.

How to claim compensation

The trivial way is to contact the airline yourself. The most important thing is to save your boarding passes, as some companies will not consider applications without them, explains Lonsky. Gilmanov also advises getting a certificate from airline or airport employees stating that the flight has been delayed. As a last resort, you can take a photo of the flight board (charter flights, according to the expert, are sometimes poorly tracked by databases). If the client has to go to court, such a photograph can also be evidence of a flight delay, says Gilmanov.

Next, you need to fill out an online application or a written complaint to the airline in English (depending on its rules). To do this, you need to figure out what kind of compensation you can claim, describe the circumstances in the claim, and also indicate on the basis of which points of the law compensation is based, says Gilmanov. The airline's response can be expected on average in 1-3 months, adds Lonsky.

At the same time, companies often ignore initial customer requests or automatically send refusals, experts say. “The next step is for the passenger to prove that his incident was the fault of the airline. Therefore, it is further important to study precedents when the company was found guilty and draw up a legally competent response to the objection received,” says Gilmanov from Compensair. If at this stage the company refuses to pay, you need to go to the court of the European city where the carrier’s head office is located.

If we are not talking about European companies, then the claim must be filed in the country of departure, but only if the air carrier has a representative office there, says Lonsky from AirHelp.

Photo: Andrew Parsons / Zuma / TASS

What services can help?

There are many companies in the world that communicate with carriers and can go to court at the request of a passenger. In addition to the already mentioned AirHelp and Compensair, these are the services Refund.me, Flightright and Flight Delays. In March, a similar service was launched by the website Kupibilet.ru.

Russians apply for compensation quite rarely, says Lonsky from AirHelp. “Many people believe that European legislation only applies to European citizens. But this is not so, being late has no nationality,” he says. In the AirHelp system, according to Lonsky, there are now about 256 thousand applications, Russian - only 488. Gilmanov from Compensair claims that his company is now working with about a thousand Russian requests. About 80% of the service’s clients are Russian speakers, and half of these people live in Russia.

Most often - in about 60% of cases - airlines agree to pay compensation at an early stage, that is, during correspondence with service managers, says Gilmanov. If the airline rejects the application for compensation, then it is transferred to the legal department of the service and 80-90% of such cases are resolved at the level of correspondence between lawyers and the airline, experts say. In other cases, you have to contact consumer protection authorities in European countries, and then go to court, and the services win 98% of court cases, says Lonsky.

The service commission is a standard amount - 25% of the amount of compensation received. Kupibilet.ru will additionally retain another 10%. All services take payment only after receiving consent to payment from the airline. If compensation cannot be obtained, the client pays nothing.

How long to wait for compensation

Gilmanov notes that receiving compensation through an intermediary takes from several weeks to six months. “In the mode of communication with the airline, that is, without going to court, we usually receive money in two months. If we go to court, the case can drag on for a long time. For example, we recently won a court case in the Netherlands, and the total cycle was more than six months,” he says. Lonsky from AirHelp also gives approximately the same time frame.

However, in difficult cases the wait may be longer. Russian Ian Kostin submitted an application to Compensair for compensation from Air France last July. The reason was not the delay, but the unclear work of the airline's ticket service. In June, Kostin was supposed to fly from Marseille to Moscow with a transfer in Paris. However, a strike among Air France pilots began, which is why his tickets were changed a few days before departure. In the second option, both flights - from Marseille to Paris and from Paris to Moscow - were operated at the same time. Kostin demanded to change the tickets again. The new route passed through Rome, but there was a typo in the tickets. “The airline made a mistake in one letter: instead of June (“JUN”), January (“JAN”) was indicated. Therefore, in Rome I had to communicate with the airline again and change tickets again,” Kostin told RBC.

Compensair lawyers, after checking the application, decided that the airline should pay compensation. The money came to Kostin in early March.

As Gilmanov explained, Air France agreed to pay compensation quite a long time ago, but did not transfer money to the service for a long time. “It was only after we began working with consumer protection authorities in the country of departure, and only when we sent a letter warning of legal proceedings, that the airline transferred the money,” he says.

Is it worth using the services of intermediaries?

Deputy Chairman of the Public Council under Rosturizm Dmitry Davydenko considers “compensation” services convenient. “These are ordinary legal services put on a conveyor belt. If, for example, your claim amount is 5-10 thousand rubles, then it is probably pointless to waste time going to a law firm. It’s much easier to fill out the form on the website,” he explains.

He considers the 25% commission justified, especially considering that the services take it only if the claim is satisfied. In principle, the passenger can do the return on his own if he has the time and desire. If not, you can completely entrust this to other people, says Davydenko.

However, civil aviation expert and head of the Aviator.ru portal Sergei Martirosyan advises you to think carefully before turning to intermediaries. “If a person fundamentally wants to receive money from the airline, but does not want to understand the legal intricacies, then it makes sense to turn to the services. However, you can often negotiate with carriers on the spot,” he says.

According to Martirosyan, many airlines value their reputation and agree to compensate for the loss of time with some bonuses - for example, giving the passenger miles or upgrading the class of service on the next flight. Therefore, the expert still recommends first writing to the carrier and trying to agree on a form of compensation. If the airline does not make concessions, then it is worth filing a claim, he summarizes.

Oleg Smirnov, Chairman of the Civil Aviation Commission of the Public Council of Rostransnadzor, is more categorical. He believes that air passengers should protect their rights on their own. “Instead of entrusting all the work to such services that make money on ignorance, it is better to understand the laws, starting with the Constitution, and, based on these laws, go to court. And the court will be on the side of the consumer,” the expert concludes.