home · France · Aeroflot claim for flight delay sample. Complaint against an airline for a flight delay

Aeroflot claim for flight delay sample. Complaint against an airline for a flight delay

Cancellation of domestic and international flights today is a very common situation, and therefore everyone needs to know how an airline's claim for a flight delay is made. Even experienced travelers are often not aware of the possibility of receiving compensation payments in case of late departure of the aircraft. In order to minimize certain inconveniences and expenses incurred, you should responsibly approach the execution of this document - first of all, you need to decide on the terms and conditions for filing a claim against an air transportation company.

What services are provided in case of a flight delay

Why don’t Russian citizens try to return part of the money spent on a ticket, don’t demand free housing or food? The passivity of passengers is due to ignorance, because in order to defend their legal rights, you must at least have special legal knowledge in this area.

Not every person, finding themselves in a similar situation in another city or country, will be able to act promptly and competently. The availability of the necessary information will allow all travelers to properly build a dialogue with representatives of the airline in order to compensate for the material and moral damage caused to an individual.

Under the flight delay, it is customary to understand all types of suspensions in the air transportation of passengers during the departure of the aircraft or en route. The reason for the delay can be a variety of factors - adverse weather conditions, disorganization of the company, workers' strikes, force majeure.

If your flight is delayed, then you have the right to count on timely notification and the provision of a number of free services at the expense of the air carrier. Representatives of the airline undertake to take all measures in order to provide citizens with a normal existence during the waiting period.

Many travelers ask themselves: what can they expect if the flight was unexpectedly canceled two or three days before departure?


As practice shows, with a message about the cancellation or a long delay in the departure of an aircraft, the airline offers the following options for solving the problem:

  1. According to clause 227 of the Air Transport Charter, a full refund of the ticket price may be made due to an involuntary cancellation. However, here it is worth remembering the peculiarities of connecting flights - if your trip involved only one transfer, then you will be reimbursed for the entire route, and when buying two separate tickets, you can count on compensation for only the first leg of the journey.
  2. The most common option is to provide the passenger with the opportunity to purchase a ticket for an alternative flight. This may be a flight of another company or a different class, while it is forbidden to change the point of arrival and overestimate the initial cost of the ticket.

However, the most frequent cases are when the flight is canceled or reported about its delay a few hours before departure. Usually this happens due to adverse weather conditions, due to an emergency in the country of arrival, or due to the fault of the air carrier.

Whatever the reason, the company's employees are obliged to inform you why and on what grounds the flight is delayed. This follows from the "General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for the Service of Passengers, Consignors, Consignees" (paragraph seventy-three).

In some cases, the airline may issue a flight at its own expense, replacing the flight of another carrier or another board. And remember that the company does not absolve itself of responsibility for the cancellation of the flight, and its employees should try their best to eliminate the inconvenience while waiting for a replacement. It is also worth noting that when flying within the Schengen area (with a local airline), you have the right to count on compensation payments.

Is a passenger entitled to cancel a flight in case of a flight delay?

Over the past few years, careful developments have been carried out in the field of aviation. In particular, the Ministry of Transport of the Russian Federation has been regulating the rights of citizens in the event of cancellation or delay of flights. So, any individual can refuse air transportation if the flight was delayed for an indefinite time (the refusal is classified as forced). In accordance with article one hundred and eighth of the Air Code, a passenger can count on a full refund of the ticket price in case of a flight cancellation.

To prove the forced nature of what happened, the traveler must adhere to the following instructions:

  1. Initially, you need to contact the representative of the airline whose services you used. The employee is obliged to make a special mark on the ticket (forced refusal). This is only the first step, according to which an airline's claim for a flight cancellation is made.
  2. If the company is not ready for an amicable settlement of the dispute, then we recommend that you obtain other evidence - take a picture of the scoreboard, interview fellow travelers, so that if something happens, they can confirm the time of the flight delay (and its reason).
  3. According to common practice, individuals will be able to receive compensation for the cost of a ticket only in court - with a timely and correct preparation of a claim addressed to the airline.

The first thing to start with, if you still decide to file a claim with the airline for a flight delay or cancellation, is the deadline for sending this document.

Making an application will not take you much time, especially for international flights. You can write an appeal while on vacation and send it by e-mail. And remember, the deadline for filing a claim with an air carrier for international flights is seven days, and for domestic flights - six months (article one hundred twenty-six of the Air Code of the Russian Federation). If you are late in submitting the letter, then all your further efforts to return the funds will be in vain.

Compensation for rescheduling a flight depending on timing and distance

This aspect can be roughly divided into three categories depending on the country of departure (Russian Federation, Schengen visa countries and the United States of America).

Compensation for delayed flights in each of these destinations will be paid as follows:

  1. Russian airlines are obliged to pay the passenger three percent of the ticket price for each hour of waiting, unless an emergency or force majeure is proved, as well as a fine of twenty-five percent of the minimum wage for each hour of flight delay. The legislation of our country does not say anything about additional compensation in case of flight cancellation, however, you can count on an alternative flight at the expense of the company or a refund of the entire amount of air tickets.
  2. In some European countries, the amount of the refund depends on the time of the flight delay and the distance of the flight (for more information, see the diagram below). If the flight was canceled two weeks before departure, then you are not entitled to compensation.
  3. US airlines are not required by applicable law to provide passengers with free meals and phone calls in the event of a flight delay or cancellation. Refunds are also not provided for by air travel regulations. The only thing you can count on is an alternative flight and assistance with paperwork. Refund cash is possible if the passenger did not get on the flight due to the so-called overbooking.

Please note: Section ninety-nine of the Federal Aviation Regulations specifies the procedure by which any air carrier must compensate or minimize the personal inconvenience of passengers caused by a flight delay or cancellation.

If your flight is delayed by more than two hours, you are entitled to two phone calls or emails, as well as access to free drinks and a lounge for children under seven.

It is also worth noting that if your flight is delayed by more than four hours, you can get free hot meals and drinks. Passengers should be fed every six hours during the day and every eight hours at night. If your flight falls at night, and it was delayed for various reasons beyond the control of the air transportation company, then you have the right to demand accommodation at the airport hotel or a transfer to the place of accommodation and back. Interestingly, Russian law prohibits the placement of passengers who find themselves in such a situation, along with strangers.

Rules for filing, claims, its preparation and possible requirements of passengers

Recently, cases of litigation regarding the unfair work of airlines have become more frequent. Any passenger can file a claim with the airline for a flight delay, however, when drawing up, he must take into account some nuances. Firstly, the air transport code clearly establishes the procedure for this procedure. Secondly, the laws of individual countries may not recognize certain rules, which in turn does not require following only one sample complaint.

The sample flight delay claim must include the main provisions. This is how the first part of the document looks like:

  1. Name of the legal entity (organization engaged in the transportation of passengers). You may also need the address of the airline to send a claim and its subsequent consideration.
  2. Personal information of the applicant (full name, mobile phone, place of residence, e-mail).

If you only plan to file a petition with the court in order to receive compensation payments, we recommend that you familiarize yourself with the claim against the airline for a flight delay in advance (a sample can be found in the public domain on the Internet). But there are times when the document should be on hand within an hour or two after what happened. Then the main thing will be to indicate the main points in the application and study the deadlines for submitting the paper to the authorized structures. And remember that the document must be drawn up in an official style, indicating the personal data of an individual.

Additional information in a flight delay claim includes:

  • the fact that there is an agreement on the provision of air transportation services (this also includes a copy of the ticket, which will indicate the flight number and time of departure);
  • confirmation of the flight delay (that is, the airport photoboard indicating the time of departure).

The most important aspect of handling a flight delay claim is to identify the direct and indirect costs incurred by passengers on a given flight. Each specific case must be studied on an individual basis in accordance with the established claim procedure. Most often, material damage is taken into account due to the loss of an air ticket or if it is necessary to replace it in a timely manner at the expense of an individual (business trip, medical treatment in another country). Due to the delay, the tourist may have problems with checking into the hotel and a number of additional, prepaid services.

If a passenger was forced to buy a new ticket (for a plane, train or bus), then he has the legal right to claim damages.

The cost of moving is automatically included in damages. Lawyers refer to additional losses as the traveler's expenses for various kinds of services (food, accommodation, communication) that were not provided to him by the airline. Let's give a simple example: in case of a connecting flight and a violation of the terms of its departure, the air transportation line undertakes to take care of the accommodation and meals for the person. Such obligations include ensuring the safety of personal belongings, as well as the right to notify family members about what happened (telephone calls and Internet connection are paid by the airline).

Compensation for non-pecuniary damage in case of flight delay

The amount of compensation in case of violation of the terms of departure of the aircraft is based on the Russian law "On the Protection of Consumer Rights" - this applies to Aeroflot flights. This legal act enables individuals to return not only the material losses incurred, but also compensate for moral damage if the passenger's moral or physical suffering is proved due to being late for an important meeting or business meeting. It should be noted that this criterion is especially important for travelers with serious illnesses, in which prolonged stress (waiting for departure in uncomfortable conditions) can lead to irreparable consequences.

The issue of identifying moral suffering in legal practice is considered one of the most problematic. So, as an example of compensation for non-pecuniary damage by an airline, a situation can serve when a passenger, due to a delay or cancellation of a flight, was late for the funeral of a relative or close friend. When drawing up a claim, it is mandatory to indicate the degree of damage, state the essence of the complaint and attach photocopies of evidence (as well as all necessary documentation).

However, it is worth remembering the features of this procedure:

  1. There are no provisions in Russian legislation regulating the amount of compensation for moral damage, so the amount of payments is set at the request of the victim.
  2. To compensate for non-pecuniary damage, proof of the airline's fault is required, and it is not always easy to achieve it (after all, a flight delay often occurs due to force majeure situations).
  3. If the degree of moral suffering is insignificant, the passenger can file a petition for penalties to the airline.

The application must contain the current payment details of the individual for the transfer of compensation. Consideration of the claim takes from several days to a month. The claim procedure for charters deserves special attention - the document is sent to the tour operator who was involved in the organization of a particular flight.

Filing a claim with an airline in the event of a flight delay or cancellation does not require special legal knowledge and skills. In most cases, such cases are resolved in favor of passengers, as a result of which they are compensated for the losses incurred and possible moral damage. Therefore, do not be afraid to defend your rights and in case of violation of the terms of departure of the aircraft, immediately contact the employee of the air transportation line.

Airlines around the world work quite efficiently and responsibly, because their area of ​​specialization will not tolerate any other attitude. Despite this, in terms of service and the overall quality of some services, these organizations often exceed their authority or violate.

In such a situation, people who have suffered from the poor quality of services provided by the airline have every right to complain about it, and in some cases even compensate for the damage received. We will talk in more detail about the complaint procedure against airlines and drawing up in their name in the article below.

Complaint is the right of every airline customer

Making claims against the airline is a special right of any client of this organization. It is important to understand that such a right can only be exercised if the citizen has actually suffered from the activities of the company. Otherwise, if the claims are extremely subjective and unfounded, they should not be presented, because such an event is a waste of time.

The most common example of an unfounded claim against an airline is a situation in which a client who has bought a ticket for a flight returns it to the ticket office on their own initiative and demands a refund of their funds, but, in turn, the money is not returned.

Please note that such circumstances are not a reason to file a complaint, since the legislation of the Russian Federation allows you not to return the cost of air tickets if they are returned by the client on his own initiative.

However, in addition to the previously presented reasons for filing claims with the airline, there are also quite reasonable ones. For example:

  • Flight delay;
  • non-fulfillment of the company's obligations regarding providing citizens with normal conditions of stay in case of a flight delay (lack of soft drinks, hot food, etc.);
  • various types of abuse of authority by the employees of the organization - boorish behavior, failure to provide the necessary, and the like;
  • refusal to fly under illegal circumstances;
  • flight cancellation;
  • changing the flight time without notifying customers about it;
  • other types of violations in the activities of the airline that violate the rights of customers.

It is worth noting that the claim will be considered justified if there is evidence that the client is right: a note on the ticket about the flight delay, testimonies of other participants in the events and other evidence that can be presented by a citizen. In the absence of such, the upholding of rights will become noticeably more complicated, and sometimes it will be impossible at all.

Procedure for making a claim and its sample

Claim to the airline - official document

As you can see, it is not so difficult to make and file a claim with the airline. The main thing in this procedure is to adhere to the procedure presented earlier and act in accordance with the legislation of the Russian Federation. We hope this article has provided answers to your questions. Good luck with your rights!

How to act if luggage is lost at the airport, the video will tell you:

General Director of Ikar Airlines LLC A.O. Lengarov
660020, Krasnoyarsk, st. Zhelyabova, d. 6 building 2,
From… residing at…

AIRLINE CLAIM DUE TO FLIGHT DELAY

on the payment of a fine and compensation for losses caused by a flight delay
On December 19, 2017, I fully paid for and purchased air tickets for flight No. IK-2517 on the Yekaterinburg-Nyachang route, as part of the tour. Thus, in accordance with paragraph 2 of Article 786 of the Civil Code of the Russian Federation, paragraph 1. Article 105 of the Air Code of the Russian Federation and clause 44 of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and Requirements for Servicing Passengers, Consignors, Consignees (introduced by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82), I concluded an air transportation agreement with your company.
Flight No. IK-2517 was supposed to take off at 10:50 local time on January 19, 2017. This fact is confirmed by issued tickets and information on the information board at the airport. (see Attachment)
However, on January 19, 2017, the flight did not take off. It was postponed until 11:00 p.m. January 19, 2017. This fact is confirmed by a mark from the airport of departure (for reference - see the appendix) and a mark in the boarding tickets (see the appendix).
Having fully paid the cost of services under the air transportation agreement, I have fulfilled my obligations to your airline in good faith. However, your company, in violation of Article 4 of the Federal Law No. 2300-1 of 07.02.1992 “On Protection of Consumer Rights”, did not fulfill its obligations regarding the term of the contract.
In accordance with the provisions of Article 120 of the Air Code of the Russian Federation, for the delay in delivering a passenger to the destination, the carrier must pay a fine in the amount of twenty-five percent of the minimum wage established by federal law for each hour of delay, but not more than fifty percent of the carriage fee, which in my case is 475 rubles.

In case of any delay in the departure of a flight, the air carrier, in accordance with the requirements of paragraph 99. of the General Rules for the Air Transportation of Passengers, Baggage, Cargo and the Requirements for Servicing Passengers, Consignors, Consignees, is obliged to organize a strictly defined set of services for passengers free of charge, which your company did not do. Since the flight departure was delayed by more than 12 hours, I had to pay at my own expense: hotel accommodation services - 810 rubles. (here you can add taxi, medicines, drinks, food, etc. as a plus) Thus, due to the flight delay, I suffered direct losses in the amount of 810 rubles.
In addition, due to the delay in delivering me to the place of rest, I also suffered the following direct losses: due to a reduction in the time spent at the hotel by 1 day.
On the basis of Articles 4, 15 and 29 of the Federal Law "On Protection of Consumer Rights", Article 120 of the Air Code of the Russian Federation and Article 15 of the Civil Code of the Russian Federation

1. To pay me on a voluntary basis, in accordance with the notice of limitation of liability for delay in the delivery of passengers, contained in my ticket, a fine for delay in the amount of 9050 rubles.
2. Compensate for direct losses caused to me due to the flight delay in the amount of 810 rubles.
If my legal requirements are not satisfied, I will be forced to apply to the court with a statement of claim for the enforcement of fines and damages.
In addition, I will ask the court, on the basis of Article 13 of the Federal Law “On Protection of Consumer Rights” and Article 151 of the Civil Code of the Russian Federation, to recover compensation from your company for moral damage caused to me, which was caused by a flight delay due to the fault of your company. Taking into account the consequences of the physical and moral suffering inflicted on me, I value them at 30,000 rubles.
In case of refusal to fulfill my legal requirements, when considering my claim in court, I will ask the court to collect a fine from your enterprise to the state revenue in accordance with paragraph 6 of Article 13 of the Federal Law “On Protection of Consumer Rights” for non-compliance with the voluntary procedure for satisfying consumer requirements.
Applications:
1. A copy of the electronic ticket - 3 sheets.
2. A copy of the hotel bill - 1 sheet.
3. A copy of a certificate from a travel agency about the cost of the flight - 1 sheet.
4. A copy of the certificate of flight delay from the airport of departure - 2 sheets.
5. Copy of boarding tickets - 1 sheet.
6. Photo of the information board of the Koltsovo airport about the flight delay - 1 sheet.
7. Details for payment.

The applicant purchased a flight ticket from the airline. However, at the time specified in the ticket, the plane did not arrive at the airport due to a breakdown. The applicant did not receive any information from the representatives of the airline, no one took responsibility for the flight delay. The applicant was not sent to another plane. The applicant arrived at her destination after a considerable time. By the actions of the airline, moral damage was caused to her. The applicant asks to pay her compensation for non-pecuniary damage and the costs of providing legal services.

Head of the representative office of the airline "____________"
___________________________________
From _____________________________, residing at: ________________

CLAIM
I purchased a ticket No. ____________ from your airline for a plane flight _________ - _________ for _________, departing at __ hour __ min. and arriving at _________ at __ o'clock. __ min. Departure was scheduled from the airport "__________". However, at the time specified in the ticket, the plane did not arrive at the airport due to a breakdown. I did not receive any information from the representatives of the airline, no one took responsibility for the flight delay. We were not sent to another plane. At 4 o'clock in the morning a bus came for us and took us to the airport "__________". From "________" we took off and landed at _______. From _______ we are taken by bus to Odessa within 7 hours. Thus, we arrived at our destination after a considerable time. During the day we were not fed, the airline staff spoke to us in a boorish way.
The actions of the airline caused moral harm to me.
In accordance with Article 28 of the Federal Law "On Protection of Consumer Rights", if the contractor violated the terms for the provision of services - the terms for the start and end of the provision of the service, the consumer, at his choice, has the right:
demand a reduction in the price for the performance of work (provision of services).
The consumer has the right to demand also full compensation for losses caused to him in connection with the violation of the terms for the provision of services. Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.

In case of violation of the established terms for the provision of services, the contractor pays the consumer for each hour, if the term is determined in hours of delay, a penalty (fine) in the amount of three percent of the price of the service.
A penalty (penalty) for violation of the terms for the start of the provision of the service is charged for each hour, if the period is defined in hours of delay until the start of the provision of the service. A penalty (penalty) for violation of the terms for the end of the provision of services shall be collected for each hour, if the period is defined in hours of delay until the end of the provision of the service.

The amount of the penalty (penalty) collected by the consumer cannot exceed the total price of the order, if the price for performing a particular type of service provision is not determined by the service agreement.

The amount of the penalty (penalty) is determined based on the price of the service, and if the specified price is not determined, based on the total price of the order that existed in the place where the consumer's claim was to be satisfied by the contractor on the day of voluntary satisfaction of such a claim or on the day of issuing a court decision if the consumer's claim was not voluntarily satisfied.

According to Article 24 of the Federal Law "On Protection of Consumer Rights", if the consumer presents a demand for a commensurate reduction in the purchase price of the goods, the price of the goods is taken into account at the time the consumer presents the demand for a reduction or, if it is not voluntarily satisfied, at the time the court decides on a commensurate reduction in the purchase price.

By virtue of Article 13 of the Federal Law “On Protection of Consumer Rights”, the performer is liable for violation of consumer rights as provided for by law or contract.

The requirements of the consumer for the payment of a penalty (penalty) provided for by law are subject to satisfaction by the contractor on a voluntary basis.

If the court satisfies the requirements of the consumer established by law, the court shall exact from the contractor for non-compliance with the voluntary satisfaction of the requirements of the consumer a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

Calculation of the penalty: the cost of the service is __________ rubles.
Penalty for 1 hour - (3%) - ____ rub.
Departure delay - __ hours
Arrival delay - __ hours
Total __ hours
Penalty ______ rubles.

I also had to apply for legal services: consultation and drafting of documents, for which I paid ______ rubles.

I estimate my moral suffering at ______ rubles, for this amount I ask you to compensate for the moral harm caused to me.

I also consider it necessary to note that in case of refusal to voluntarily satisfy my requirements, I will be forced to go to court to recover, in addition to the indicated court costs, payment for representative services, legal services, state duty, as well as a fine to the federal budget.

On the basis of the above,

Consider the claim in the prescribed manner.

Pay me _____ rubles as a penalty for late execution.

Pay me compensation for non-pecuniary damage in the amount of ______ rubles.

Compensate me for the cost of legal services in the amount of ______ rubles.

The claim must be considered within ten days, the results of the consideration of the claim shall be notified to me in writing.