Your flight is delayed or cancelled. What to do?
The bags are Packed in anticipation of an early departure, you suddenly report that the flight is delayed or postponed. Time is running out, vacation almost spoiled the mood at zero. What can you do? From you a little that depends in these situations. But do not despair...
In this regard, it should be noted that regular flights are operated in accordance with the scheduled aircraft, and Charter flights in accordance with the plan (schedule) Charter. And in that and in other case, the carrier bears the same responsibility in the case of rescheduling the movement of aircraft, and must take all possible measures to inform passengers, shippers with whom the contract is signed, to change the specified schedule in any way. Therefore it is in your best interest to leave at the conclusion of the relevant contracts, ticketing information about their contacts.
In addition, the airport, the carrier or handling company is obliged to provide passengers with visual and acoustic information, in particular: o time of departure and arrival of the aircraft; the place, time of start and finish of registration for flight; the place, time of beginning and end of boarding passengers about the delay or cancellation and the reasons for the delay or cancellation of flight etc. If the information is missing, feel free to ask it the airline or the airport authority.
In all cases of delay or flight cancellation and change of the carriage route by the carrier due to adverse weather conditions, for technical and other reasons, you are required to provide the following services without additional charge:
- room mother and child passenger with a child under the age of seven years;
- two telephone calls or two e-mails while waiting for departure more than two hours;
- refreshing drinks while waiting for the departure more than two hours;
- provision of hot meals at expectation of departure of flight more than four hours and further every six hours during daytime and every eight hours at nighttime;
- accommodation in the hotel while waiting for flight departure for more than eight hours at daytime or more than six hours at night;
- transportation from airport to hotel and back in cases when hotel accommodation is provided without extra charges;
- the Luggage storage.
In the case that the above-mentioned services the carrier refuses to comply with recommended to take the following steps:
- to require the airport authority or a representative of the carrier to issue a certificate confirming the circumstances of the delay or flight cancellation, indicating the actual time of departure, or to put a mark on a ticket, boarding pass, or in extreme cases, to draw up an appropriate act jointly with other passengers (minimum 2 persons), indicating their contact details;
- save all your receipts, receipts when paying for food, hotels and taxis from its own funds, for subsequent confirmation of their expenditure;
- to prepare a complaint to the airline about compensation for the damage you suffered, attaching copies of the required documents, receipts, checks, certificates, copies of hotel bookings or vouchers for tours and excursions;
- to submit a claim at the domicile of the air carrier not later than six months from the date of occurrence of the event giving rise to its filing. Further, the carrier is obliged within thirty days from the date of receipt of the claim to consider it and in writing to inform you about the approval or disapproval of the claim;
- in case of failure in pre-trial settlement of a dispute, you may file a lawsuit. Claims against the carrier are for the location of the carrier. You can also contact local organizations for the protection of the rights of consumers and management of the CPS.
In addition to the reimbursement of costs of tickets, trips and excursions, you can claim compensation for moral damages, if he proves that the delay or cancellation of flight and not the fulfillment of obligations imposed on the carrier in the presence of his guilt, caused you physical and mental suffering. The amount of compensation of moral harm is defined by court and does not depend on the size of compensation of property harm.
If you miss your connecting flight, one airline, you will be put on the next flight, while the surcharge for accommodation in cabin of enhanced comfort with a passenger is not charged. To return the difference you owe, if you paid for the luxury interior, and will fly in the cabin with a lower level of comfort. The exception is when you fly on flights of different airlines. Then you have to buy a ticket for the desired flight. However, the airline, the flight which was delayed, is obliged to reimburse the ticket price, so be sure to save a copy of the purchased ticket.
In case tickets are included in the total cost of the vouchers and, if in connection with delay, cancellation of flight your journey is declined, you are entitled to claim from the tour operator refund for paid but unused days of the tour. To do this, you must first claim against the tour operator in writing within 20 days from the date of expiry of the agreement. The claim shall be considered within 10 days from the date of receipt by the tour operator. If after the deadline you refused or did not respond, can go to court.
The carriage charge is made by the carrier or on his behalf by an authorized agent at the place of payment, and also the points stipulated by the rules of the carrier. If transportation on one site has not been executed, it returns the full amount paid for transportation, but if made a part of the journey, it returns the sum for the unperformed part of carriage.
Also, you have the right to require the carrier to pay a fine for delay in the amount of twenty-five percent of the minimum wage for each hour of delay, but not more than fifty percent of the carriage charge. But only if the carrier can not prove that delay took place owing to:
- force majeure (extraordinary and unavoidable circumstances, in particular, natural disasters, acts of war, epidemics, prohibitive measures of public authorities, violation of obligations from counterparts of the debtor, absence on the market need for the performance of the products, the absence of the debtor the necessary funds);
- the malfunction of the aircraft threatening the life or health of passengers of the aircraft;
- other circumstances beyond the control of the carrier.
The carrier has the right to cancel, delay the flight specified in the ticket, to replace the aircraft type, to change the route, only if required by conditions of flight safety and/or aviation security, as well as at the request of state bodies in accordance with their competence.
In addition to the above, it should be noted that a similar responsibility rests with the carrier to operate international flights.
Happy and comfortable flight!
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