Passengersĺ Rights ináCase ofáFlight Delay

In conformity with Art. 103áofátheáAiráCode ofátheáRussian Federation, aápassenger buying anáairáticket therewith concludes aácontract ofáairácarriage with theáairline (carrier), which undertakes toácarry theápassenger andáhis/her baggage toátheápoint ofádestination, providing theápassenger with aáseat inátheáaircraft. Theáterms andáconditions ofátheáairácarriage contract areálaid down inátheáairáticket.

The airline (carrier) is responsible to the passenger for contravention of the terms and conditions of the air carriage contract (Art. 116 of the Air Code).

The airport is intended for reception and dispatch of aircraft and for fulfilment of a necessary complex of airport services for the fulfilment of air carriage (Art. 40 of the Air Code).

In conformity with the requirements of the Federal Aviation Rules (FAP) ôGeneral Rules of Air Carriage of Passengers, Baggageůö approved by Order of the Russian Transport Ministry No. 82 of 28 June 2007, in case of delay, cancellation, rerouting of a flight:

1. The Airline is obliged to inform the passengers of the change in the aircraft timetable by any means available (Item 74 of FAP).

2. The airline is obliged to provide the passengers in the airport with visual and/or acoustic information on the flight delay or cancellation and its reasons (Item 92 of FAP).

3. The airline is obliged to organize, free of charge, the following services for passengers at the points of departure and at intermediate points in case of interruption due to the carrierĺs fault as well as in cases of flight delay or cancellation as a consequence of adverse meteorological conditions, for technical and other reasons, or rerouting (Item 99 of FAP):

  • provision ofátheámother-and-child room foráaápassenger with aáchild upátoáseven years ofáage;
  • two telephone calls orátwoáelectronic mail messages ifáwaiting forátheáflight departure forámore than twoáhours;
  • supply with refreshment beverages ifáwaiting forátheáflight departure forámore than twoáhours;
  • supply with hotáfood ifáwaiting forátheáflight departure forámore than four hours andásubsequently every sixáhours inátheádaytime andáevery eight hours inátheánighttime;
  • hotel accommodation ifáwaiting forátheáflight departure forámore than eight hours inátheádaytime andámore than sixáhours inátheánighttime;
  • transport from theáairport toátheáhotel andáback inátheácases when theáhotel isáprovided without anáadditional pay;
  • organization ofábaggage storage ináaábaggage checkroom atátheápoints ofádeparture.á

The fact of contravention of the terms and conditions of the air carriage contract may be certified with a mark of an Airport Administrator in the air ticket.

With questions on the provision of the above services, PASSENGERS should apply to the AIRLINESĺ OFFICES.

If the flight is delayed (cancelled), the passenger may apply to the Kurumoch ticket offices to resolve the question of possibility to:

  • replace theáairáticket with another flight;
  • return theáairáticket;
  • acquire aárailway ticket.

The conditions and procedure of air ticket replacement, return or acquisition are explained to the passenger at the time of application to the air ticket office.

Sanctions for Contravention of the Conditions of an Air Carriage Contract by Airlines

1. The carrier is obliged to pay a fine to the consumer for delay in the delivery of the passenger, baggage or freight to the point of destination in the amount of 25% of the Minimum Amount of Payment for Labor established by federal law for each hour of delay, but not more than 50% of the carriage charge, unless the carrier proves that the delay was a consequence of insuperable force, elimination of malfunction of the aircraft threatening passengersĺ lives or health, or other circumstances not depending on the carrier (Art. 120 of the Air Code).

2. The carrier is obliged to satisfy, within the 10 days period, the passengerĺs (consumerĺs) demands:

  • of compensation forátheáexpenses incurred foráelimination ofátheádeficiencies ofátheáservice fulfilled byáthird persons (other airácarriers);
  • of dissolution ofátheácarriage contract andárepayment ofátheácarriage charge ifáheáhasádiscovered substantial deviations from theáconditions ofátheácontract;
  • of compensation ofátheálosses inflicted ináconnection with theádeficiencies ofátheáservice rendered (Item 1áArt. 29áLawáofátheáRussian Federation OnáProtection ofáConsumer Rights);
  • of compensation forámoral harm onáaccount ofácausing himáphysical andámoral sufferings (Art. 15áLawáofátheáRussian Federation OnáProtection ofáConsumer Rights).

Procedure of Consideration of Appeals, Claims and Suits

If the carrier has not taken measures to protect the rights of the passengers of the flights, the consumer must submit a claim (see example at the bottom of the page) within 6 months from the day of ensuing of the event that served as grounds for submitting the claim (Art. 126 of the Air Code).

The Samara Oblast Rospotrebnadzor Office recommends passengers to act beforehand collecting the documents confirming the fact of non-provision of obligatory free services as well as causing of property and moral harm inflicted by contravention of the conditions of the contract and the legislative norms established:

  • cash-register andáother receipts foráprovision ofácommunication services, hotel services, travel toátheáplace ofálocation ofátheáhotel, storage services, necessary food, refreshment beverages, etc.;
  • information about theáflightĺs passengers whoácould confirm theásituation that formed atáthat moment (surname, name, patronymic, place ofáresidence, ticket number, contact telephone number);
  • photo andávideo materials confirming theáfact ofádelay andánon-provision ofáobligatory services;
  • communications inámass media;
  • documents confirming theámoral harm inflicted (medical certificate, receipts forámedicines, etc.).

Suits against the carrier (after the compulsory submission of a claim) may be filed only at the place of location (legal address) of the carrier (Art. 30 p. 3 Code of Civil Procedure of Russia).

Bodies Empowered to Consider Consumersĺ Complaints about the Air Carriage Service:

Samara Oblast Rospotrebnadzor Office,álocated at:á1, Proezd Georgy Miterev, Samara,á443079, Russia; tel.: +7á(846)á260-38-25,áhttp://63.rospotrebnadzor.ru

Federal Air Transport Agency, located at:áLeningradskij Prospekt, 37, Building 2, GSP-47, Moscow, 125993, Russia. Telephone: (499) 231-50-09; telefax: (499) 231-56-56. E-mail:rusavia@scaa.ru

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