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 in front of the airfield, pictures of tickets with passports, or, finally, meditation. But an unexpected delay or cancellation of a flight can destroy any tradition, ruining the upcoming vacation or returning 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 default - in the material of RIA Novosti.

Ruined 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 that 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 money - about six thousand, which, of course, will not compensate us for the spoiled 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 ten times, from 30% to 3.6%.

Wait Compensation

According to the General Rules for Air Carriage, the airline has the right to cancel, delay the flight, change the plane and route, if flight safety conditions so require.

In clause 99 of the rules, it is specified that in the event of a delay or cancellation of a flight for reasons beyond the control of the carrier, he is obliged to provide a number of services.

For example, the opportunity to relax in the room of the mother and child for passengers with children up to seven years old. If the flight is delayed for more than two hours, passengers must be offered soft drinks, more than six - hot meals. More than eight hours in the daytime and more than six at night - to place in a hotel, organize luggage storage.

Payment of money

“In addition to meals, the airline is also obliged to pay monetary compensation,” explains Vladimir Starinskiy, 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. the cost must be reimbursed too. "

The expert says that the airline's claim must be drawn up without forgetting to indicate the number of the current account for the money transfer in the application. If the carrier did not answer and did not send money, go to court. "You can also count on compensation for moral damage, except for situations when circumstances of force majeure were in effect," Starinsky adds.

Payment rules for delays on international flights are different from domestic ones. The National Tourism Union recalls 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, a flight delay is entitled to compensation of up to 370 thousand rubles, depending on the losses incurred. But first, you will have to prove in court that the passenger really suffered serious material damage.

Flight cancellation

If the flight is canceled, the airline is obliged to return the full cost of the ticket to the passenger, emphasize in the organization "Club for the Protection of the Rights of Tourists". To do this, it is usually enough to contact the counter of the relevant company at the airport, to the cashier, or to issue a return on the carrier's website. In any case, you will need to write an application in any form and attach tickets to it.

It should be borne in mind that the return of their cost is made within 60 days, so many experts recommend agreeing to an alternative route, which the carrier must offer. Additional compensation for cancellation, according to Russian law, is not allowed.

What else is important to know

"If you find out that the flight is being delayed, the first thing to do is to take a picture of the board with this information. It will come in handy in court," advises Kirill Yankov, chairman of the Passengers' Union. the place of residence of the plaintiff, and not the location of the defendant. "

According to him, if a passenger is late for a connecting flight due to a delay, the airline may refuse to return the money. Some carriers' internal regulations do not consider this a valid reason. "Also, difficulties in delaying a charter flight are not excluded, because the tourist does not communicate directly with the airline," the expert adds.

Nadezhda Efremova, head of ATOR's legal service, notes that when flying by charter and regular flights, the rights of passengers are identical, the operator only represents the interests of the passenger.

"Most likely, the contract of the tour operator contains what is written in all contracts of airlines: the delay is possible for reasons beyond their control," she says.

Trial

“People often go to court to demand compensation from the airline for a flight delay,” says Vladimir Starinskiy. “As a result, thousands of passengers receive millions. , plus compensation for moral damage. "

There is an option not to bring it to court - recently, various services have become widespread that help passengers get money.

Artem Smirnov flew on vacation in January. However, his flight was delayed. For several weeks he turned to representatives of the airline to no avail. Then I decided to use the services of a money-back service: "The amount came to my account in a month - out of 800 euros of compensation minus the intermediary's interest, I received 600 and was satisfied."

It's too early to talk about the effectiveness of such services, says lawyer Vladimir Starinskiy: "There are useful and useless ones. However, like lawyers, there are many good ones, but there are also fraudsters."

Here's how to get compensation if the airline has delayed, canceled or postponed your flight. What to do in case of a delay, how much money is due to passengers, what documents will be needed to receive compensation.

From the article you will learn:

• the amount of monetary compensation in Europe and Russia
• under what conditions it is possible to obtain payment from the carrier
• what to do and where to go in case of flight delay or cancellation

1. Conditions for receiving compensation

The possibility of receiving compensation depends on the reasons for the delay or cancellation of the flight, the time of delay and the country (departure, arrival and country of registration of the airline).

1.1 Reasons for delay

Monetary compensation for the delay or cancellation of the flight of the aircraft is due only if in this case the airline is to blame.

What does this mean in practice?

Compensation will NOT be paid if the reason for the flight delay / cancellation is:

• bad weather
• staff strike
• other force majeure not dependent on the airline

That is, if the flight is delayed or canceled through no fault of the airline, compensation is not due to passengers.

1.2 When to get compensation

In Europe, compensation applies to both scheduled and charter aircraft flights.

In Russia - only for regular flights. In the case of charter flights, everything depends on the tourist's agreement with the tour operator (the maximum allowable delay in the departure of the aircraft must be spelled out there).

Conditions may vary slightly from country to country, but generally compensation can be obtained in the following cases:

1. Flight canceled
2. Flight delayed by more than 3 hours
3. You flew with a transfer and, due to the delay of the first plane, missed your connecting flight, arriving at the final point more than 3 hours later than the designated time
4. You were denied boarding due to overbooking

What is overbooking? Sometimes airlines sell more tickets than the plane can accommodate (since some of the bookings are canceled and the company loses money). If all passengers are on the flight, they will not physically have enough space on the plane.

2. How to get compensation

The rules for obtaining compensation depend on the country of departure and arrival, as well as on the place of registration of the airline.

The amount of the payment for a domestic flight within Russia and an international flight will be calculated differently.

In Europe

Compensation payments for delays, cancellations and overbooking in the European Union (EU) countries and Turkey are regulated by Regulation No. 261/2004.

In this case, the European Union means 28 countries (list) + Switzerland, Iceland and Norway.

Payments from € 125 to € 600 can be received if at least one of two conditions is met:

1. The flight was carried out by an airline registered in the EU or Turkey (except for flights outside Europe and Turkey, for example, Bangkok - Kuala Lumpur).
2. The starting point of the route is an EU country or Turkey (for any airline).

For example, if the flight was canceled Aeroflot from Berlin to Moscow - payment is due, but if the return flight is not. The first case falls under the "point of departure - EU country" condition, and the second does not. But if it was an aircraft of a European company Lufthansa- compensation is applied in both cases.

Look at these conditions in the form of a table:

How much will they pay

The amount of compensation depends on the time of delay to the final destination and / or the distance of the flight. The calculation of the exact amount can be done.

For denied boarding (overbooking)

• 250 euros - at a distance of up to 1500 km
• 400 euros - for a distance of 1500-3500 km and on all flights 1500+ km within the EU
• 600 euros - for a distance of more than 3500 km

For flight delays (more than 3 hours)

• 250 euros - up to 1500 km
• 400 euros - 1500-3500 km or 1500+ km within the EU
• 300/600 euros - from 3500+ km for 3+ / 4+ hours of delay, respectively

If the flight is delayed by less than 3 hours, compensation is not provided. In this case, the delay is determined not by the time of departure from the airport, but by the time of arrival at the destination.

For example, you bought an Air France ticket from Moscow to Paris with a 6-hour connection in Amsterdam. We departed from Moscow 3 hours later, but managed to catch a connecting flight and were in Paris on time. Compensation is not due as you arrived at your destination without delay.

For flight cancellation

Flight cancellation compensation is due only if the carrier has notified the passenger of this less than 14 days before departure. If the airline contacted you in advance and offered alternative tickets, there will be no compensation.

The amount of payment in Europe may vary slightly depending on whether there are 7-13 days left before departure or less than 7 days.

When canceling a flight, the airline must:

1. Provide you with other tickets or refund your money (even with a non-refundable fare)
2. If with the new tickets you arrive at your destination later than it was expected with the old tickets, pay compensation.

“Delay” in this case is determined by the difference in the arrival of the aircraft at the final destination using the old and new tickets.

For example, if with a canceled ticket you were supposed to arrive in Rome at 12:00, and with a new one, arrive at 17:00 on the same day, the delay will be 5 hours.

How to get paid

There are two ways to get compensation for canceled or delayed flights.

On one's own. In this case, you write a claim, send it to the carrier and wait for a response. The airline may agree to pay the fine, or it may refuse. In case of refusal, you have the right to apply for compensation to the court by submitting an application and attaching the necessary documents.

Through an intermediary. You can resort to the services of a company - it is engaged in the collection of compensation from airlines.

How does this happen:

1. You leave passenger details and information about a delayed or canceled flight
2. The company draws up a legally competent claim and sends it to the carrier
3. If the airline refuses to pay, Compensair will resolve the case in court
4. In case of successful receipt of compensation, you will be transferred it minus the service commission (25%). If you fail to receive compensation, you pay nothing.

For example, if you are entitled to a payment of 400 euros, you will receive 300 euros, and 100 euros (25%) will be the service commission.

• submitting an application from your side takes 4-5 minutes, then Compensair will handle everything
• the case is handled by experienced lawyers, so the chances of getting paid are higher

• Compensair takes 25% of the amount of compensation as its commission (only if it was possible to receive it)

In our opinion, the service is very convenient. It allows you to save time and not do all the paperwork yourself, and only takes a commission if you managed to get compensation for the delay, cancellation or overbooking of the flight.

In Russia

The rights of passengers on flights in Russia are regulated by the Air Code of the Russian Federation (Article 120) and Federal Aviation Rules (paragraphs 74, 99, 227).

What falls under these rules:

• flights of Russian airlines within Russia (Pobeda, Aeroflot, S7, etc.)
• international flights of Russian airlines
• international flights of foreign companies, if specified in the contract; if not, then the rules of the country where the airline is registered and / or international standards apply

Compensation for flights within Russia can be received within 6 months from the date of delay or cancellation, and for international flights - within 2 years.

If you found out about the cancellation or delay of the plane only at the airport, be sure to put the appropriate stamp on your boarding pass or itinerary receipt - this will be needed in order to receive compensation later.

The stamp can be affixed by the employee of the respective airline or at the airport information desk.

How much will they pay

Article 120 of the Air Code of the Russian Federation establishes a fine for delay or cancellation of a flight due to the fault of the airline in the amount of 25 rubles for each hour of delay... This is not a typo, the compensation for the late plane is so small.

In this case, the fine cannot exceed 50% of the ticket price. That is, if you bought a ticket for an Aeroflot flight for 6,000 rubles, the maximum possible compensation will be 3,000 rubles.

Remember

What to do if your flight is delayed or canceled:

1. Compensation for overbooking, delayed and canceled flights is only payable under certain conditions
2. In Russia, the rules apply only to regular flights; in Europe - both regular and charter
3. You can negotiate with the airline yourself, or you can ask for help from. In the second case, the chances will be greater and your participation is not required, but the service will take 25% of the commission.

For a long time, airplane flights have become part of the everyday life of a person. Traveling by air is more convenient, takes less time and, of course, takes less energy. In the shortest possible time, you can be anywhere in the world. No other mode of transport can offer such a speed. And if you plan your trip correctly, having previously clarified all the nuances, then the cost of a plane ticket can be very pleasant.

With each new day, more and more people give their preference to air transport. And this is not surprising, because the positive aspects of this method of movement are visible to the naked eye. The number of airline customers is growing rapidly every day. During all this time, a certain part of people were able to experience such a problem as a flight delay. She is no longer surprising. An airplane is a complex mechanism, and in order to lift this aircraft into the air, it is necessary to agree on a number of facts. Any mistake or even the smallest malfunction leads to the problem of flight delays.

Below are the most common reasons for flight delays. There are quite a few similar situations, so they can be classified into separate groups.

Meteorological situation

Very often, a situation arises that one airline delays the flight until the weather stabilizes, while the other calmly continues to carry passengers. Some do not understand the reasons for this behavior, while others are trying to find what personal benefit to the company. In fact, the explanation is more than simple, each company has its own air machines, which differ in model and equipment. Each aircraft has its own temperature threshold and operating conditions. Therefore, all recommendations are strictly followed, and the company is trying to take maximum care of its passengers.

Identified malfunctions of the airliner

The plane is a rather complex mechanism, in the operation of which even the smallest details are of great importance. Before takeoff, the vessel is checked for all parameters. The detection of minor breakdowns is eliminated on the spot, of course, these types of work also take time. If the breakdown turns out to be more serious, the plane is removed from the flight, and a replacement is sought for it. Such situations are rare and are included in the emergency list. But all the same, passengers will be delivered to the desired destination.

Most airlines do not like very much when situations of this kind develop. After all, such delays always leave their mark on the reputation. In most cases, the delay is due to minor repairs. Upon learning of aircraft malfunctions, any passenger can panic, so the administration prefers to name other reasons for the flight delay.

Late arrival of the airliner

This is the most common reason for airport authorities. After all, it sounds harmless and does not arouse much suspicion among passengers. Therefore, very often at airports you can hear just such a justification for flight delays. But what is alarming is that in certain cases such a reason is not true.

Failure of ground services

Flight delays may occur between arrival and departure. It is in this connection that various kinds of problems can arise. The reasons for this delay are innumerable. In most cases, the human factor plays a role. This can be a delay of service personnel, prolonged cleaning in the aircraft cabin, or a long unloading of the luggage compartment.

In such situations, the delay of the flight does not last too long, at most it can take about 30 minutes. Usually, this time does not cause much panic among passengers. Everything happens without nerves, and the reasons are quite reasonable. If more serious situations arise when a flight is delayed due to disruption of ground services for more than two hours, then each passenger has the right to claim a refund of a part of the ticket price.

Passenger rights

If the flight is delayed, but the passengers did not hear the announcements justifying the delay, then the first step is to contact the employee at the check-in counter. In most cases, the passenger does not receive a clear answer to the question posed. Most often, you can hear some common reasons that should not cause unnecessary excitement on the part of people. And this is logical, because any company values ​​its reputation.

Citizens' actions

No matter how the situation develops, the conscientious passenger must make a special note on the flight delay in his ticket. It is this mark that will give reason to demand a discount or even refund money for a ticket. This right is guaranteed to every passenger in the event of a long flight delay.

Special rights of air passengers are noted when the flight is delayed for a time from 30 minutes to 2 hours. The airport administration is obliged to provide free luggage storage, as well as to ensure free stay of women with children in a specially equipped room.

The rights in case of a flight delay from 2 to 4 hours guarantee the opportunity for passengers to make two calls anywhere in the world. These calls must be paid for by the airline. Free hot or cold drinks are also guaranteed.

A flight delay of 4 to 6 hours provides for free food distribution at intervals of 6-8 hours.

If the flight is delayed for more than 6 hours, the airline must provide passengers with a place to sleep. Naturally, this cannot be a waiting room. The company is obliged to pay for the hotel and all transportation costs.

Compensation

Be that as it may, in any case, the delay in departure is the fault of the transport company, even if the reason is each passenger can refund a part of the ticket price. The maximum amount of compensation is 50%. But at the same time, the administration is obliged to pay all cash costs of the passenger while waiting for the flight. It can be anything - paying for tickets for other types of transport, paying for visits to various entertainment venues, paying a bill in a restaurant or cafe. The only caveat is that the passenger is obliged to provide all checks, otherwise the refund will not be made.

Special cases

If the passengers went on vacation, and the ticket is included in the total cost of the voucher, then you can make a claim for the payment of the missed vacation days. If the application is not submitted within 20 days, it will not be considered further. Sometimes the flight includes a transfer, which is made by one airline. Naturally, the passenger will not be able to catch the proposed second plane. Therefore, upon arrival, the administration must take care and place the passenger on another plane absolutely free of charge. Moreover, if a person flew in economy class, and there are only seats in business class, then he must be put in an advanced department. If the situation is exactly the opposite, then the company is obliged to pay the difference.

How should compensation be sought?

In this situation, you need to take care of the presence of evidence of flight delays. The airport administration must ask for a certificate of the flight delay. This paper must have a stamp, good reason. A person while waiting for his flight can use any services. The main thing is to keep receipts, which will clearly show the time. You can go to a restaurant, rent a hotel room, and so on.

Such situations are resolved very quickly, because no carrier needs to create scandals. will affect further work, so it is desirable that the passenger is satisfied.

There are also companies that may refuse to refund money. In such a situation, you can safely file a lawsuit by attaching all the necessary documents to the case. Seeking money back through the courts is a laborious process, but in most cases the truth is always on the side of the victim.

In order not to get into it, you must always have extra money with you. Indeed, in such unforeseen situations, they may be very much needed.

Actions in case of violation of passenger rights

This situation is very unpleasant, but leaving everything as it is is not an option. It is necessary to achieve justice and return the money spent. First you need to collect all the necessary package of documents, namely:

• Directly air ticket. It must contain the necessary notes about the flight delay.
• All receipts and receipts for expenses that were required due to the flight delay.
• A well-written letter indicating all claims and requirements.

All collected documents must be enclosed in an envelope and sent to the head office of the company.

If within 30 days the passenger has not received a response from the airline, then you can safely submit an application to the court. And after a while, justice will be restored.

The rules and regulations described in the article apply to all types of flights. Even if there is a delay in the charter flight, the rights of passengers remain the same. The carrier is equally liable. The consumer should receive quality service in any case.

How to get compensation of 600 euros for a flight delay or cancellation without going to court. what is expected of passengers in the event of a flight delay. What the law says. When compensation is due. Compensair service.

Compensair - what are passengers entitled to in case of flight delay or cancellation

Air travel has become a part of everyday life. People fly on vacation, on a business trip, for treatment. Often, passengers' plans change dramatically if, for any reason, the flight is delayed. It's not scary when the wait lasts only a couple of hours, but what about those who have had a long flight delay, what are the passengers?

Reasons for the delay

Why is the flight delayed? The reasons are different. Not necessarily the unexpected delay was due to the fault of the airline. The carrier is relieved of responsibility if the flight to the plane is postponed for the following reasons:

• bad weather, natural disasters;
• aircraft malfunction;
• terrorist actions;
• military conflicts or civil unrest;
• an order from security personnel;
• the strike of the Airport employees.

When selling tickets, the carrier assumes certain obligations. The airline is considered a violator if the aircraft is detained:

• due to the fault of the crew;
• due to inconsistencies in the schedule;
• due to financial difficulties.

Even if the obligations of the airline are not fulfilled for objective reasons, passengers are entitled to compensation for the delay in the flight. This applies not only to regular, but also to charter flights, otherwise the company will face a considerable fine.

© ionutscripcaru / pixabay.com / CC BY 2.0

Is it possible to insure

People have no control over the whims of nature. Force majeure happens even with a reliable carrier. Reputable companies such as Aeroflot, S7 or Pobeda are not insured against surprises.

And yet, experienced travelers try to keep themselves safe. When buying an air ticket, they are looking for information about how often flights are delayed in one or another airline. It would be useful to have flight delay insurance, which can be issued separately or in one package with compulsory medical insurance.

Please note that cancellation of departure is considered another insured event... And if your contract does not specify flight cancellation insurance, you may be denied a refund for insurance money. Therefore, when deciding on additional insurance, pay attention to all clauses of the contract and statistics on the chosen route and carrier.

Even without being insured, you do not lose your right to compensation for lost time and spoiled vacation, if the flight is canceled by the airline.

Domestic flights are regulated Article 120 of the Air Code of the Russian Federation... Therefore, the amount of compensation is formed by the laws of the Russian Federation and is directly related to the established minimum wage, which is quite modest in our country. After all calculations are made, the payout will amount to a maximum of 50% of the ticket price.

If the plane of the Russian company is detained at one of the airports of the European Union, the rights of the passenger are protected by the EU regulation. The amount of payments will be higher, and a message about the change in the departure time received in less than 2 weeks is the basis for receiving monetary compensation. Depending on the route and time of delay, the person who submitted the written application, pay 250-600 euros.

© @rawpixel unsplash.com / CC BY 2.0

On the protection of passengers' rights

If a flight is delayed, no matter what the reason, the airline is obliged to take care of its customers and provide a comfortable waiting environment. Passenger rights are spelled out in special legislation, including the Air and Civil Code and consumer protection law. Russia is subject to a resolution of the European Parliament, according to which passengers are paid a monetary compensation in the following cases:

• he was denied boarding;
• departure is delayed indefinitely;
• flight canceled.

In the event of a flight delay, the airline is obliged to notify customers of the change in departure time. If there is no justification for the reasons why the flight was delayed, and the company's agent is not available, you only have to contact the Federal Air Transport Agency or a claim to the tour operator.

Obligations of the airline

If the flight is delayed even by a quarter of an hour, parents with children under the age of seven are entitled to rest in the room of the mother and child.

If the company delays flights to the fleet of hours or longer, every person is given the right:

• for 2 calls or messages by email or phone;
• storage room;
• beverages.

Awaiting departure 4 hours or more, put food in one of the airport cafes. Airline obliged to feed their clients through 6 o'clock in the afternoon and through 8 hours at night... Lunch coupons are issued by the employees of the company.

If the air carriers delayed the departure of the plane longer than 8 hours during the day and 6 hours at night, passengers are provided with a hotel by providing a free transfer to the place of the overnight stay.

With a delay more than 5 hours you must be refunded the full cost of the ticket.

No additional payment is required. A standard set of services is compulsory for all airlines.

Unfortunately, the Russian realities are such that employees of the company often have to be reminded of their responsibilities. In case of non-observance of the passenger's rights, a written claim of the airline must be drawn up. You are protected by the law, which takes into account material losses associated with a delay or cancellation of a flight.

Let's say a person missed a connecting flight or couldn't check into a booked hotel. The client can collect a monetary compensation from the airline, since he did not have time for the transfer due to the fault of the air carrier. But you will not be able to receive the money if the company's fault is not proven, and objective circumstances became the reason for the flight delay.

© [email protected]/ flickr.com / CC BY 2.0

Passenger actions in case of flight delay

How do I know if a flight is canceled? It is convenient to track information on departure on the online scoreboard at the airport, or by calling the help desk.

If you find out on the electronic board that your flight is being delayed, remain calm. Watch for schedule changes. Perhaps the delay is negligible.

If passed 2 hours while you are still at the airport, take action:

1. Ask the airline representative for an explanation. It is usually found at the checkout or at the front desk. Don't expect him to track down every passenger and talk about their rights. Take the initiative.
2. You will need a flight delay certificate. If a company agent is not available, contact the information department for a check.
3. An agent of the company must give you coupons for hot meals, show you to the rest room and provide you with admission to the locker.
4. If you have not received the required services, eat on your own, pay for luggage storage, keep receipts.

If the flight is canceled, the person in a difficult situation is guaranteed a seat on board another aircraft. Even if the cheapest ticket is bought, and you are transferred to business class, you will not have to pay extra rubles. Otherwise, when instead of a paid business class you are offered an economy class, be sure to insist on a refund of the price difference.

What if the flight is canceled? You have every right to cancel the flight and return the ticket, even if it was purchased at a non-refundable rate. Such a refusal is forced.

© @jontyson / unsplash.com / CC BY 2.0

Chartered flight

Cancellation of charter flights is not the responsibility of the carrier, but of the tour operator who chartered the vessel. Passengers are offered the same set of services: monetary compensation, food, hotel, transfer.

Refusal of compensation is possible only in case of bad weather, aircraft malfunction, terrorist attacks, strikes. In other cases, the protection of consumer rights is the responsibility of the aviation and travel companies. Where to complain if the carrier violated the established deadlines and did not provide the necessary services? Remember, the airline is responsible for canceling a regular flight, a charter flight is under the responsibility of the tour operator. But the rules for canceling a flight are the same for everyone. You have the right to apply for compensation for material damage within six months. The guilty party considers her for a month.

The passenger can sue for reimbursement of material costs by attaching, along with the checks and receipts, a certificate or mark confirming the cancellation or delay of departure. But in practice, not everyone has the competence, time and patience to achieve the due payments.

© cafecredit / flickr.com / CC BY 2.0

About Compensair service

If the carrier or tour operator canceled the flight, and no one is in a hurry to compensate for the damage caused, contact the website for help.

The founder of the service, Roman Gilmanov, having spent one day at the Chicago airport, personally experienced all the difficulties that befell thousands of travelers around the world. This is how the idea of ​​creating the Compensair service came about.

Compensair ltd was registered in the capital of Great Britain in 2016. Its main task is to help in obtaining an additional payment in the event of a delay or complete cancellation of a flight. According to the resolution of the European Parliament, in case of detention for more than 3 hours, in addition to the standard obligations, the passenger is entitled to Compensation from 250 to 600 euros... The final amount depends on the duration of the flight and the time spent at the airport.

The problem is that the service is of a declarative nature, that is, the passenger must initiate an investigation himself or go to court.

Compensair service, by power of attorney received from the client, undertakes:

• file a claim against the airline;
• negotiate with the carrier's representative;
• represent the interests of the passenger in court;
• assume legal costs;
• provide the client with a refund for the canceled flight.

The service charges a commission for its work - 25% of the payment amount. This is not a scam for money, but real help. The remuneration is charged only if the outcome is successful, the client does not lose anything. This is evidenced by the real reviews of people who asked for help and received the desired result.

My flight from Antalya was delayed for 13 hours. Six months later, the tour operator paid me 36,500 rubles for this. Despite the fact that it was a charter and it seemed like "no guarantees."

Sergey Boldin

received compensation from the tour operator

Last fall I bought a package tour and flew with my family to Turkey. While we were resting, our airline went bankrupt. Our charter took off home with a delay, so I wrote to the tour operator and asked to compensate for the lost time. The operator replied that the airline should do this.

The tour operator did not take into account that I am a lawyer and know my rights. I did not scandal, but collected evidence and sued him.

Inquiries, receipts, call details

Our airline had problems even before we flew to rest. The day before departure, the travel agent sent us tickets for the charter flight. The departure time was known, the flight appeared in the airport schedule. But when we arrived at the airport, it turned out that the flight was delayed.

According to the law, if the flight is delayed for more than two hours, the carrier is obliged to provide passengers with soft drinks free of charge and organize communication: two phone calls or two e-mail messages. If the flight is delayed for more than four hours, he is obliged to feed everyone with hot food. If it is longer than six at night or eight in the daytime - check into a hotel.

Our flight was delayed more than four hours, but no one offered us food or drinks. We bought them with our own money, I kept the checks.

While we were vacationing in Turkey, the airline's problems worsened. Compatriots on the beach discussed the news: some could not fly away for a vacation on a voucher, others - to return home. The day before departure, I asked the hotel guide to extend our stay as a safety net. The guide replied that the departure would be on schedule and there was no need to pay for the accommodation.

On the morning of departure, it became obvious that the plane would not arrive for us on time: our flight was not on the airport schedule. I didn't want to wait on the street, so I had to arrange a late check-out so that we would not be evicted from the room. The representative of the tour operator was not there, so I paid for everything myself - and asked to issue a check.

The rest of the day we sat on our suitcases and waited for a representative of the tour operator to pick us up at the airport. Departure was postponed several times. After the time of late check-out from the hotel expired, the tour operator still extended our stay - but did not provide two phone calls. I called at my own expense and after returning I ordered the details of these calls from the telecom operator.

They came for us only in the morning. We were supposed to fly from Antalya at 8 pm, but instead took off at 9 am the next day - with a delay of 13 hours.

Upon arrival at the Moscow airport, I turned to the information desk and asked to mark the delay of both flights. These markings are usually found on the back of your boarding pass or printed itinerary receipt.

Then I collected all the documents on violations of our rights and turned to the tour operator for compensation.

Tour operator is responsible

What's special about a charter

Roughly speaking, the tour operator says to the airline: "I want to rent a plane from you so that on September 9th I can take 200 people to Antalya, and on September 23rd, return them back." The airline replies: "Okay, on the 9th and 23rd for three hours, your plane together with the pilots and stewardesses."

While the plane is leased by the tour operator, flight delays are on his conscience, so he pays compensation. The only exception: if the flight is delayed for safety reasons, for example, if the plane breaks down and it is dangerous to fly on it. Judicial practice shows that in this case it will not be possible to receive compensation.

The reason for the delay of our flight was not announced at the airport, but it was found on the delay stamps that were put on arrival home. Marks "ППС" and "У05" mean "late arrival of the vessel" and "change in departure time by decision of the dispatch service". Not a word about safety.

How to make a claim

The claim must be submitted to the tour operator within 20 days from the date of the end of the trip. The tour operator has 10 days to check everything and answer something.

In my claim, I described the situation and demanded to reimburse me for all expenses, as well as compensation for non-pecuniary damage for the flight delay. In addition, I have indicated the details of the account to which I expect to receive money.

I attached copies of receipts and certificates to the claim and sent all this to the legal address of the tour operator by registered mail. The postage receipts for the shipment later came in handy in court.

Which court to file a claim

While the tour operator was thinking about how to respond to my claim, I studied the jurisprudence on similar disputes. I had to decide which court to file a claim with if my claim was denied.

As a general rule, a claim must be brought to court at the location of the defendant. But the law protects the consumer as a weak side of legal relations, therefore it gives him a choice: to go to court where the defendant is or where he lives.

If the defendant is a large company, most likely it has already been sued. To find out how it all ended, it is useful to study the jurisprudence on the website of the court that has jurisdiction over the company's legal address. If decisions are often made not in favor of consumers, it makes sense to take legal action at your place of residence. And if you find a court decision in a similar case in favor of a consumer, you can use it to draw up your claim.

Another option is to search through the official websites of city courts of general jurisdiction and magistrates' courts. For example, on the Moscow site there is a section “Territorial jurisdiction”, where the defendant's court can be determined by the address of the defendant. The decisions on claims are usually published in the "Litigation" section.

In my case, decisions were more often made in favor of tourists, so I did not use the right to choose a court. I waited until the tour operator ignored my claim and filed a lawsuit at his location.

Statement of claim

In the statement of claim, you need to write in which court you are filing it, who the plaintiff and the defendant are, at what address they can be found, the cost of the claim, what is the violation of rights and what you want to achieve. Also, list the documents that prove your position. All this is mandatory information - no claim will be accepted without them. When drafting a claim, you should check the Civil Procedure Code of the Russian Federation.

It will not be superfluous to bring judicial practice in favor of consumers in similar cases. Consumers do not need to pay the state duty.

Before drawing up a claim, you need to calculate the amount of compensation and the price of the claim. These are two different things. To put it simply, the amount of compensation is all the money that you want to receive from the defendant through the court. The cost of the claim is only the money that you lost due to his actions and the penalty provided for by law. The cost of the claim does not include compensation for non-pecuniary damage and a fine for the fact that the defendant did not pay you without a trial.

For example, in my case, the cost of the claim includes the cost of the hotel, food, drinks and phone calls. In addition, it includes a penalty for violation of travel terms. In total, I demanded almost 130 thousand rubles from the tour operator, and the price of my claim was 5123 rubles.

The price of the claim determines which court will consider your case. If it is less than 50 thousand rubles, then the world one, if more - the regional one. It does not affect anything else in disputes involving service consumers.

In my statement of claim, I demanded from the tour operator:

1. Reimburse the costs of everything a passenger is entitled to in case of a flight delay: drinks, food, two phone calls and accommodation.
2. Compensate for moral damage to all family members, including two children.
3. Pay penalties for violation of the terms of service - 3% of the cost of the tour package for one day of delay in departure.
4. To pay a fine for refusing to voluntarily satisfy my claim - 50% of the awarded amount of compensation.

I attached two copies of it to the claim - for the tour operator and the travel agency that sold me his ticket. The tour operator is responsible for paying compensation, so it makes no sense to involve the agency as another respondent. But he can be brought in as a third party - if the judge approves. A representative of the agency will come to the meeting, and if questions arise, he will be able to immediately answer them.

So that the court would not be postponed, if I could not come, I asked to consider the claim without me.

This is what my application looked like:

To the statement of claim, I have attached certificates of flight delays, copies of receipts for food and hotel, call details, which I took from the telecom operator, a copy of the claim to the tour operator, as well as a press release from Rospotrebnadzor that an administrative case was opened against the tour operator due to flight delays.

Complaint to Rospotrebnadzor

Before going to court, you can complain to Rospotrebnadzor. This will not help to obtain compensation without a trial: Rospotrebnadzor has no right to oblige the tour operator to pay you money. But he can fine him on your complaint, and this will strengthen your position in court. In addition, Rospotrebnadzor specialists will advise you on how to file a claim and, possibly, help protect your interests in court.

But this is all in theory. In my practice, the quality of Rospotrebnadzor assistance depends on the case and it is dangerous to completely trust him with your business.

Therefore, I drew up my claim myself.

The court's decision

The court decided that the charter flight was included in the tour package, so the tour operator was responsible for the delay. In December, three months after returning from vacation, the court partially satisfied my requirements and recovered from the tour operator:

1. The cost of living in the hotel is 1153 RUR.
2. Penalty for violation of travel terms - 3215 RUR.
3. Moral harm - 20,000 R, 5,000 R for each family member.
4. The fine for refusing to satisfy the claim is RUB 12,184.

The court denied compensation for food expenses at the airport and reduced compensation for non-pecuniary damage. But even taking this into account, the amount of compensation amounted to 36,552 R - this is 34% of the cost of the tour.

Receiving compensation

In February, two months after the court's decision, I received the writ of execution. Now I had to get the money. To do this, it was necessary to send the lists to the bailiffs, and then wait until they initiate enforcement proceedings and forcibly recover compensation from the tour operator. The law sets aside two months for this, but the term may be extended. In practice, the receipt of money is highly dependent on the quickness of the bailiffs and the persistence of the claimant.

Another option is to receive compensation yourself through the defendant's bank, but for this you need to know what kind of bank it is. Sometimes the account details of the tour operator can be found on its website or in the agreement for the sale of the tour.

My tour operator did not publish his details in the public domain, but I was lucky. Already when the lawsuit was in court, he answered my claim and transferred compensation for the phone calls to my account. He rejected the rest of the requirements and stated that the carrier was responsible for the flight delay, but it didn’t matter: after transferring the money to my bank account, he lit his own, and when the writ of execution came to me, I did not send them to the bailiffs, but simply took them to his bank.

A day after receiving the writ of execution, the bank transferred money to me.

How to get compensation from the tour operator

1. Store all receipts, bills and call details. All requests and refusals - only in writing. If the flight is delayed, ask the airport to put a note about it.
2. Claim compensation from the tour operator - for this you have 20 days after the end of the trip. In 10 days he must answer something.
3. If the tour operator is silent or refuses to pay, sue him or complain to Rospotrebnadzor.
4. Look for the account details of the tour operator on their website or in the contract. If the court takes your side, they will help you get the money faster.