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Flight delay: what is the compensation of the passenger for the delay of departure?

It often happens that when you arrive at the airport, you will find out that your flight has been delayed. "Komsomolskaya Pravda" tells what you are entitled to and how much compensation you can receive during a flight delay

Flight delay: new amendments to the Air Code of Russia

The amendments bring the Russian standards in line with the Montreal Convention - our country ratified it in 2017. 

Who is concerned: passengers of international flights (both regular and charter), whose plane was delayed, and this resulted in financial losses. As well as cases where the airline lost or damaged baggage. And the one and the other happens very often.
What is the Montreal Convention? This is an international agreement that regulates many nuances of air travel, including compensation to passengers. They are calculated at the rate of artificial currency - special drawing rights, or SDR. Its course is determined by the ratio of euro, dollar, yuan, yen and pound, now it is equal to about 87 rubles.

According to the Montreal Convention, the delay of the flight is due to compensation up to 4,694 SDR, or about 408 thousand rubles. This is maximum! You should not count on such a sum every time the plane is late. It will be necessary to prove serious damage: for example, you booked an expensive luxury cabin on a cruise ship, and because of the lateness of the aircraft, the ship left without you. Previously, according to the Air Code, travelers could count on 25 rubles for each hour of flight delay. The caveat is that it was a fine, albeit ridiculous, his airline had to pay regardless of whether your wallet suffered from a flight delay or not. Now we are talking about compensation for damage.

- Passengers and before could claim compensation under the Civil Code, and there is no upper limit. Now the responsibility of the airline is limited to 385 thousand rubles. In the case of very large damage, it is less beneficial for passengers, ”explained Georgiy Mokhov, head of the legal commission of the Russian Union of Travel Industry on the radio“ KP ”.

If the airline lost, delayed or damaged the baggage, the amount of payments will be up to 1,131 SDR (this is about 98 thousand rubles). First, the Russians could count on a maximum of 600 rubles per 1 kg of baggage, if the passenger lost it because of the carrier. Standard 23-pound suitcase pulled a maximum of 13,800 rubles. So here the amount of payments and the truth is markedly increased. But again - the real damage will have to be proved.

In case of passenger death, the maximum compensation is 113 100 SDR. This is about 9.8 million rubles. Formerly, a maximum of 2 million was supposed for causing harm to life and health.

A lawsuit against the airline can be filed at the passenger’s place of residence, and not at the carrier’s place of registration - this is convenient.

Please note: all this applies to international flights. For passengers on domestic flights, nothing has changed.

Due to the lateness of the charter companies may be prohibited to work
What happened: the new regulations for charter flights came into force. It was adopted after numerous delays in resort charters last summer and the collapse of Vim-Avia. 

Whom concerns: all who fly to the sea by charters. 

What changed?

  • Now Rosaviatsia approves each charter chain two weeks before the start of flights (this is in addition to the airline’s admission to flights on each route).
  • set the exact time for departure. Who flew the charter, knows very well - the flight can take even half a day. This will be considered a delay;
  • if the airline has delayed at least 10% of charter flights per month, it may not allow flights next month;
  • for every 10 aircraft, there should be one reserve, so that the entire schedule does not “fly” in case of technical problems with one or two liners.
In general, the rules have become stricter.

The tour operator went bankrupt, but did not admit
What happened: the State Duma adopted on May 22 amendments to the “Law on the Basics of Tourist Activities”. They come into force 90 days after publication, that is, closer to the fall, to the velvet season. 

Who is concerned: the amendments may be important in the event that the tour operator will disappear on the sly, and his clients instead of the beach will be left with nothing.

Recall that in Russia there are mandatory financial guarantees for tour operators (they draw them from insurers). Of the sum of fingarantiy tourists receive compensation for the failed or spoiled vacation, if the tour operator goes bankrupt, does not pay for the hotel or in some other way fails to fulfill its obligations. According to the new amendments, it is not necessary to wait until the pseudo-travel agency acknowledges that it is in the hole - Rosturizm may, by decision, exclude it from the register of tour operators, this will be considered an insured event. 

- Often unfair tour operator has not publicly announced the termination of its activities. Because of this, hundreds of families suffered, some remained abroad, ”explained the chairman of the State Duma Committee on Physical Culture, Sports, Tourism and Youth Affairs, Mikhail Degtyarev.



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