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"Neither tour operators nor air carriers were ready for such a demand"

Experts explain why charter flights are delays

Igor Grom

In recent weeks, information on charter flight delays has appeared almost on a daily basis. The problem has already affected several thousand tourists: people wait for hours at airports for flights to resorts, mainly to Turkey and Greece. The charter program of VIM-Avia was actually disrupted, and there were also delays, for example, at Pegas Fly, Rossiya, NordStar. Experts note that tour operators and airlines were not ready for the explosive demand for foreign destinations. Rosaviatsia instructed airlines to solve the problem with massive flight delays until June 20.

“This year, the demand for foreign tourism has grown significantly, and we expect to reach the pre-crisis level. Neither tour operators nor air carriers were ready for such a demand.

However early booking was very successful. But now we see the flip side of this medal, "- said the site Executive Director Ural Tourism Association Mikhail Maltsev.

Natalia Khanina

According to the Koltsovo airport in Yekaterinburg, the number of passengers per international flights in January - May 2017 increased by 70% compared to the same period last year. If we look at the indicators of May alone, the increase is even more significant - 81.5%. For comparison: the number of passengers per domestic flights grew in January-May by only 10%.

The headquarters in Rosturizm headed by Mutko will solve problems with VIM-Avia charters

The most serious problems arose with the airline "VIM-Avia", which explained the failure of the charter program by a banal shortage of aircraft and a sharp increase in passenger traffic. Thus, three aircraft of the airline could not return from maintenance on time, which ultimately led to the rolling nature of delays and postponements of the company's flights, and the company decided to cancel some of the charters. Transport prosecutors in the regions announced an inspection of the airline. The first meeting was held yesterday at Rosturizm operational headquarters under the leadership of the Deputy Prime Minister of the Russian Federation Vitaly Mutko on the problems of VIM-Avia. Following the meeting, the department made a statement that, first of all, attention will be paid to sending tourists to southern resorts Russia. For those tourists who were going to fly to Turkey, Bulgaria or Cyprus, Rosturizm is considering an adjustment option flight program in the direction of China, the Federal Tourism Agency explained.

In addition to VIM-Avia, for example, a flight from Yekaterinburg to Vietnam was delayed by 16 hours tonight. Prior to that, many hours of delays were, in particular, at "Russia" and at NordStar.

As Mikhail Maltsev explained, in recent years, almost every major tour operator from the TOP-10 either acquired its own airline, or entered into a contract with an airline engaged in charter flights. “It is very costly, and because of the substantial lease payments, they simply do not have the opportunity to have reserve aircraft, unlike large air carriers like Aeroflot or Ural airlines“Which mainly operate regular flights. And in the event of any technical difficulty with the aircraft, even if the reserve board is not at the point of departure, it can quickly arrive at the required airport, pick up people, and thus the problem will be resolved in a short time with minimal costs, "says Maltsev ...

Meanwhile, today, June 8, the Federal Air Transport Agency made an official announcement that by June 20, charter airlines must adjust their transportation program to solve problems with delays and cancellations of flights. The head of the Federal Air Transport Agency Alexander Neradko pointed out the discrepancy between the programs of charter airlines and their real capabilities. “Over the past five months of 2017, there has been a significant increase in the volume of passenger transportation, which account for 22% of the volume of the same period last year. At the same time, charter airlines have increased their performance by one and a half to two times. Such an increase in traffic volumes was not supported by the presence of an appropriate fleet aircraft and aviation personnel, ”the Federal Air Transport Agency concluded.

There have always been and will continue to happen various force majeure circumstances that change people's plans. Concerning this and You can not blame the carrier for adverse meteorological conditions, the execution of orders from the authorities state security or in the inspection of the aircraft for technical breakdowns. However, if the airline could not prove its own innocence in the flight delay caused by external factors, then it pays compensation to the passenger in the amount established by the code or charter. air transport... In any case, despite what exactly was the reason, the airline must provide the passenger with a number of free services.

Flight delay: Aeroflot passenger rights

To begin with, it is worth clarifying that if the flight is delayed by no more than one hundred and twenty minutes, it is not the responsibility of the airline to pay compensation or provide any services. In this case, passengers should just be patient and wait for the next flight.

Since 2007, it has introduced some compulsory services that are included in the rights of a passenger in case of a delay in an aircraft flight.

If the plane did not depart on time and more than two hours have passed, people have the right to freely use the lounges and rooms for a passenger with a child under the age of seven.

Passenger rights to free meals

In the event that there is a delay in the flight, the rights of passengers provide for the receipt of soft drinks and You can also make two phone calls for a maximum of ten euros or send two messages by e-mail.

Eligibility for a hotel room, free restaurant meals and transfers

When a flight is delayed, passengers are entitled to a free hotel room if more than eight hours have passed since the cancellation of the flight during the day or six at night. Also, the airline is obliged to pay not only for the room, but also for food in the restaurant and transfer. It should be clarified that the night time starts from 22:00, and the morning - from 6:00.

Services provided by various airlines

In the event that a flight is delayed, the rights of passengers of different airlines may differ slightly. For example, Aeroflot, in addition to a free hotel room, provides its passengers with free luggage storage at the airport. Another company, KrasAir, pays not only for the number and delivery of passengers to it, but also for three meals a day.

Financial compensation

If there is a flight delay, passengers' rights provide for compensation in the amount of twenty-five percent for each hour of waiting for the next departure. In order to receive money, you must have a special note on your ticket that the flight is canceled. You can get this seal from an airline employee.

When there is an unscheduled flight delay at the airport, the passenger's rights also provide for the receipt of all the above services, except for the payment of three meals a day, completely free of charge.

Don't wait - go for it!

Do not think that airline representatives will run after every passenger, apologizing for the flight delay and providing the full range of their free services. If you do not want to spend a day, or even more, at the airport without normal food and comfortable conditions, in case of a flight delay, you should take some actions yourself:

• Find the administrator at the airport and take a document from him, where the reason for the flight cancellation is indicated and there is a stamp with the actual time of departure.
• Watch the time: after four hours, the airline is obliged to provide you with hot meals, and if the flight is delayed by more than eight hours - a hotel room and transfer. If the airline refuses to provide these services, pay for everything yourself, but in no case throw away the checks.

Flight delay: passenger rights. Arbitrage practice

After you have waited for the next flight and arrived at your destination, write a claim to the airline, attaching all receipts and documents required to pay compensation as proof. If the airline ignores the claims raised, the passenger's rights include filing an application with the court. As court practice shows, if you provide all receipts with unplanned expenses that you incurred due to a flight delay, be it food, medicines, the inability to attend pre-paid excursions or a disrupted business meeting, you will be paid as compensation an amount that fully covers the costs ... You have enough time to file claims and go to court - six months. During the same time, he considers the claims and, if agreed, pays compensation. It is better to have a claim with all documents, receipts and photocopies in duplicate.

Use free services as needed

Of course, if there was a flight delay, and the airline is decent and does not give up its duties, you have the right to order at least a suite and dinner in the most expensive restaurant, but then you will have to prove in court that this was a measure of necessity that you should pay the carrier. Therefore, it is best to get by with the most ordinary hotel room and an inexpensive restaurant. One way or another, you will be able to pull off such a scam with a suite only if the airline itself does not organize the stay at the hotel and meals for all passengers from the transferred flight. Otherwise, no one will pay for your whims.

Charter flights

It is a mistake to believe that the above rules apply only to scheduled flights. Not at all. Delay often occurs Passenger rights in this case provide for exactly the same as when a regular flight is delayed: free use of lounges, soft drinks and hot meals, two free calls or two messages to email, luggage storage at the airport, free hotel room and transfer, payment monetary compensation... The exception is the United States, where no fines are paid to passengers on charter flights and small planes.

Basically, charter flights are delayed due to the fact that the airline does not have enough reserve aircraft to send passengers on it, so people have to wait for their departure.

Overbooking

For many it is no longer a secret that airlines sell about five percent more tickets than the available seats on board. This happens for one simple reason: the same five percent of passengers who have booked seats do not appear on the plane - they return the ticket at the last minute or are late. That is why, in order not to send the plane half empty, airlines go for a similar scam. However, the opposite also happens: sometimes all the passengers who have booked their seats appear at once. In this case, the carrier is looking for so-called volunteers who agree to fly the next flight, and the company will provide them with a voucher or bonus amount. Also, the carrier can provide a coupon for a free hotel room, transfer and meals, depending on the waiting time for the flight.

In the event that there are no volunteers for the next flight, those who booked their seats later than others are forcibly disembarked from the plane. In the United States, passengers who have suffered from overbooking are provided compensation, the amount of which ranges from the cost of an air ticket to three hundred dollars. When overbooking, EU countries provide passengers with the same services as when a flight is delayed.

If due to flight problems you find yourself in a foreign country, but because of an expired visa you are unable to get to the city, feel free to contact the administrator with a request to call the immigration service and get an "emergency visa". It is issued for forty-eight hours in special force majeure circumstances. It's hard to get it, but it's worth the effort.

Baggage problems

After notification of the cancellation of the flight, the administrator or airline employee takes passengers to the exit and gives instructions: talks about food, accommodation in a hotel if necessary, free phone calls and other technical issues. If you need to get your luggage, as you are going to go to the hotel on your own or just leave the airport, please inform the airline representative. Usually the luggage is sent to a belt, from where it can be easily collected. If there were no things in the arrivals area, then, most likely, the carrier has already sent them on the next flight. Again, contact your airline representative to clarify this misunderstanding and retrieve your baggage. If it turns out that it is lost, the airline will pay compensation in the amount of its full value.

Will the money be refunded for the hotel room?

Many passengers have a very logical question: will the daily cost of staying at the hotel be refunded, the room in which was booked in advance and was not used due to the cancellation of the flight. The answer is yes. Arriving at the hotel, you can request a refund for the day of stay in the room.

The word “Armageddon” in the headline does not look like an allegory when applied to the disruption of airline charter schedules in recent days. Over the past weekend, rolling delays of flights were made by several air carriers at once, at the airports different countries stuck waiting for departure to their homeland hundreds Russian tourists, others had to spend two or more days on their suitcases. The airlines themselves unanimously refer to the shortage of aircraft - an unforeseen failure of even one aircraft leads to large-scale collapses. How convincing are these explanations?

All to Turkey

The thesis about the global shortage of aircraft in the charter market does not stand up to serious criticism, experts are convinced. They give an example of how actively the fleets of airlines have recently begun to replenish, especially after flights to Turkey were resumed last fall. With an eye, including in this direction, carriers actively ordered liners, marked by significant delays in the current summer season.

So, "VIM-Avia", formerly the main newsmaker in terms of disruptions in the schedule at the start of the season, at the end of 2016 expanded the fleet with four Boeing 737-500 aircraft, as well as wide-body aircraft - two Boeing 767-300, six Boeing 777-200 and one Airbus A 330-200. On the eve of the summer, the carrier received another Boeing 777-200 and expects additional deliveries of several Boeing 777s and Airbus А-330. Even taking into account the large-scale plans for regular flights in the Chinese direction, such a fleet is quite enough for active work in the charter market, the observers say.

The park also expanded iFly- an airline, which in recent weeks has also received a lot of complaints due to disruptions in charter schedule... The critical delay in departure on July 21 from Bodrum to Moscow - the liner arrived in the Russian capital two days later than scheduled - was the reason for the intervention of the Moscow Interregional Transport Prosecutor's Office. Lack of planes? But after all, the air carrier just a month ago reported receiving from Emirates three sides A 330-200. Even if the airline subsequently fulfills its intention to decommission two of its Boeing 757s, its fleet will still increase by one liner.

Of course, air carriers receive mostly "old" cars - the same "new" iFly Airbuses are 18 years old. However, in the practice of the Russian charter market, considerable experience has been accumulated in working with such an aircraft fleet under conditions of intense workload. Let's remember that it was used aircraft that formed the basis of aviation assets. "Transaero", which dominated the charter air transportation segment for several years and left the market in 2015. At the same time, even in the most “fat” years for outbound tourism, 2011–2013, when the density of charter flights was noticeably higher than now, Transaero managed to be punctual. There were crashes, but the schedule didn't crash. Why?

Looking back

As the website of the top manager of the tour operator, which was at one time one of the main partners of Transaero in air transportation, told the reporter, the airline kept up to 30% of the aircraft in reserve.

It was very costly from the point of view of business economics, but for passengers it served as a reliable guarantee of the accuracy of the schedule.

“The management of Transaero took into account that it was operating a used aircraft fleet, therefore it had not one spare board for 8-10 cars, but two,” continues the topic Vladimir Vorobiev, the president of another former airline partner. According to him, there were periods when only one Tu-204 flew out of the three Tu-204s that Transaero had, the rest were in reserve. In addition, some of the aircraft were used as sources of spare parts - to quickly install the necessary part on the broken plane, and not wait for its delivery from the manufacturer.

There is one more point of view. According to the commercial director Alexandra Burtina, "Transearo" had a chronic surplus of aircraft, the carrier could not fully load its growing fleet, so additional redundancy was partly forced. Now carriers are working in a different situation - the demand for transportation is large, but it is concentrated in summer months... Hence the high density of flight programs, and the difficulty with redundancy.

What's in the bottom line

Two years after the departure of Transaero, it became obvious: the thesis that the airline was deservedly removed from the market due to the fact that it created excess capacity and was actively dumping to fill the sides turned out to be untenable. Most of suitable for flights airliners used by the carrier moved to the fleet "Russia", other airlines have increased their own aircraft assets, and the surplus of aircraft has not disappeared anywhere. As a result, dumping still prevails in the charter market, and due to the reluctance of management to provide reliable reservation of flights, tourists have to endure unthinkable disruptions in the schedule. In the long term, this can lead to a persistent phobia among the clients of travel agencies towards charter flights as such.

“If in 2004-2008 a certain seer told what would happen in the tourist air transportation market in 2017, I would probably just leave tourism, deciding that it was Armageddon,” he shares his opinion with colleagues in the group

It is not uncommon for both charter and regular flights to depart from popular tourist destinations with delays. I hope that my answer will be useful not only for those who buy a full tour package, which already includes the cost of the flight, but also for those who book flights on their own.

In accordance with Art. 9 of the Federal Law "On the Basics of Tourism Activities", the tour operator is responsible for the actions of suppliers who provide services included in the tourism product. At the same time, in accordance with the same article, the tour operator is not responsible for the actions of service providers if there are special legal acts expressly providing for their responsibility. In this case, there are such acts, these are the Air Code and the Federal Aviation Rules, which stipulate that in the event of a flight delay, the air carrier bears responsibility for all property and moral damage caused to the passenger.

If you have booked and bought air tickets yourself, you will need to prove that your rights have been violated. To do this, you need to create a package of documents:
air ticket with a note about the flight delay (or its cancellation);
a certificate stating the reason for the delay in departure;
documentary evidence of all independent costs: checks, invoices, etc.;
a ticket that had to be bought due to being late for the planned connecting flight.

After that, submit a claim to the airline in writing, attaching copies of documents confirming the right to compensation. If the appeal was ignored or the perpetrators refused to compensate for the costs, you can sue them.
And who will answer to the tourist if, for example, due to a late departure, he actually lost a whole day of paid rest, or as we see from the letter as many as two?

According to the law "On the basics of tourist activity in the Russian Federation", the tour dates are an integral part of the contract. And any change in travel dates must be agreed with the tourist. So you can send a claim to the tour operator - most likely, it will be satisfied. But here, too, there are some nuances. The time spent on the trip is coordinated by dates, not hours. And if the tourist arrives at the place of rest not in the morning, as he expected, but in the evening - having lost the light part of the day, but still on the date specified in the contract - it will not be possible to receive compensation.

A tourist, buying a tourist product with included air travel, draws up a deal with a number of documents. One of these documents is an agreement between him and the air carrier (ticket), which regulates all aspects of the provision of air transportation services. It says that the airline is responsible for any flight delays. The same provision is spelled out in the regulatory document on flight delays - the Federal Aviation Rules, approved by order of the Ministry of Transport of the Russian Federation of June 28, 2007 No. 82.
However, there is a Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 "On the consideration of civil cases by courts in disputes on the protection of consumer rights", which clarified the responsibility of the carrier and the operator for the services they provide:
Clause 50 When applying the legislation on the protection of consumer rights to relations related to the provision of tourist services, the courts should take into account that the responsibility to the tourist and (or) other customer for the quality of performance of obligations under the agreement on the sale of a tourist product concluded by the travel agent as on behalf of the operator, and on its own behalf, is borne by the tour operator (including for failure to provide or improper provision of services to tourists included in the tourism product, regardless of who should have provided or provided these services), if federal laws or other regulatory legal acts Russian Federation it has not been established that a third party bears responsibility to tourists (Article 9 of the Federal Law of November 24, 1996, No. 132-FZ "On the Basics of Tourist Activity").

In this regard, draw the attention of the courts to the fact that, for example, in cases and disputes arising in connection with the implementation of charter air transportation passengers in the framework of the contract on the sale of a tourist product, the proper defendants and the executor of the contract of carriage with the consumer is the tour operator, which, in accordance with paragraph 2 of Article 638 of the Civil Code of the Russian Federation, is entitled without the consent of the lessor under a lease agreement (time charter) vehicle conclude contracts of carriage with third parties on its own behalf.

Thus, the new decree actually divided the responsibility between the carrier and the tour operator for different types transportation. The carrier is responsible for regular transportation, as provided for by the Air and Civil Codes. But the charter is run by the tour operator and make a claim
now it will be necessary to go to it, as stated in the second paragraph [clause 50 of the Resolution], but the documents that must be submitted to the tour operator will remain the same as for self-booking.
In this regard, the question arises: who then will be responsible for ensuring proper conditions for passengers while waiting for the departure of the delayed flight? So, we recall that the obligation to provide accommodation and hot meals to passengers lies with the air carrier in accordance with the Federal Aviation Rules, and no one has removed it from it and is unlikely to remove it. The carrier still performs this function, and the operator will be responsible to the tourist, since charter transportation is part of the tourist product.

So do not be afraid and demand money for your ruined vacation, because you have been earning it for a whole year.

A flight delay is an unpleasant but relatively common situation that can happen at the very beginning of the trip. The reasons are quite varied: bad weather, technical problems on the plane, heavy load airspace airport, internal problems of the airline, etc. Regardless of what caused the flight delay, there is no need to be intimidated or confused. Below we will take a look at what to do if your flight is delayed.

Passenger rights in case of flight delays

Are you flying charter or regular flight, a large air carrier, or - the passenger's rights are the same in case of a flight delay.

It should be remembered that all issues during a flight delay must be resolved with representatives of the airline, and not with the airport services. In turn, in case of problems with departure at the set time, the airline is obliged to immediately notify you of the reasons and timing of the flight delay.

Where to contact?

Unfortunately, when it comes to observing all the rights of passengers, airlines do not always demonstrate their proactiveness, so you should know all the rules yourself and feel free to remind the representatives of the carrier at the airport about them.

Where can I find an airline representative? The right person can be at your flight check-in counter, at your airline's sales office at the airport, or at the boarding gate itself. If your searches were unsuccessful, feel free to call the airline's phone number indicated on your ticket.

Watch the clock

• Families with small passengers under 7 years old are entitled to access to an equipped and comfortable room for a mother and child, even if the flight delay is insignificant in time.
• If the flight is delayed for 2 hours, you can make 2 free calls or send 2 e-mail letters. In addition, you must have access to soft drinks.
• A flight delay of more than 4 hours already implies the provision of hot meals by the airline. Usually this is a coupon for a certain amount for ordering food at one of the airport restaurants. You should receive this service every 6 hours during the day and every 8 hours at night.
• If the flight is delayed by 8 hours (or 6 hours at night), the airline is obliged to check you in the hotel, arrange round-trip transportation, and provide free luggage storage in the airport's storage room. If for some reason you are not satisfied with the conditions of hotel accommodation (for example, it is unacceptable for strangers to stay in the same room), you can independently find a room in the hotel, remembering to keep all documents confirming personal spending. This will help you later claim compensation for the delayed flight.

Filing a claim and compensation for a delayed flight

Flight delays are not pleasant not only by unplanned waiting, but can also entail certain losses: missed business meeting, missed connecting flight of another airline, paid but not used hotel reservation. In this case, any injured person has the right to file a flight delay claim and receive compensation. However, it should be borne in mind that this rule applies only when the flight is delayed due to the fault of the airline itself. For example, bad weather conditions or overcrowded airport will not be a reason for claiming compensation.

In order to correctly draw up a claim, you need to collect as many documents as possible confirming the fact of the plane delay. Immediately after the announcement of the delay, ask the representatives of the company to make a mark on your ticket, and upon boarding the plane - the actual time of departure. Keep all receipts of your personal spending during the flight delay.

To receive compensation for the delayed flight of the aircraft, the claim with all the attached evidence must be submitted to the airline within 6 months after arrival. If there is no answer within 30 days, you can immediately go to court.

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

Now you know everything about what to do if your flight is delayed. We wish you a pleasant journey!