What a passenger can demand when a flight is delayed

Tourists often face such a phenomenon as a delay or transfer of flights to the plane. Bad weather, runway repairs, technical problems-all this sometimes forces passengers to wait for long hours for the start of boarding. Is there any way to compensate for this time for passengers and make waiting easier? In this article, we will tell you how to understand the legal nuances of passengers. Pavlodar Irina Volkova had to wait 16 grueling hours before departure. The girl with her husband and five-year-old son was supposed to fly from Nur-Sultan airport to Antalya early in the morning on August 19. According to the girl, about 200 passengers were supposed to fly with them, including those who bought business class tickets.

"They were supposed to leave at 8.45. We were at the airport as expected, by six in the morning, and passed all the necessary procedures. There was no information about the flight delay. Only 40 minutes later they said that the flight was delayed for technical reasons. First for 45 minutes, then for another hour. Closer to 12, people began to be indignant. A representative of the airlines was standing at the check-in desk, but he could not clearly answer any questions.

Фото Ирина Волкова

Somewhere at 12.30 it became known that the plane had a flat tire, and a little later they told us to take our luggage. Allegedly, it will not work to replace a flat tire. There is no such thing in Nur-Sultan and you need to order it from Almaty or from Turkey. Therefore, the flight is postponed indefinitely. I didn't know how to act in such a situation. There is a scandal here: people started posting videos on social networks, other passengers called the prosecutor's office. The prosecutor came and began to explain what rights we have. We took the luggage. After that, another representative of the airlines came to us and said that the wheel would be brought in by the evening, and the departure would be at night. Everyone started shouting and asking for water and food. Then the representative of the airline organized a bus to the hotel only for passengers with children. I don't even know where the others were placed, but the residents of Nur-Sultan were sent home," Irina said.

According to the girl's story, the problems with the wheel were reported only by lunch, after the passengers began to be indignant. Water and food were also not immediately given to the passengers.

"Many of the passengers did not know how to behave, and it was as if there was no clear plan on the part of the airline. Even water was not given and sent to the airport staff. They said that the delay was the fault of the airline, and they should provide water. Such a "football" in general. And simple drinking water at the airport costs 800 tenge, " complains Pavlodar. With the hotel, too, it was not immediately possible. There were no seats in the first one, and in the second one, the hotel employees had to prepare food for the passengers of the rescheduled flight hastily. According to Irina, it was possible to eat only after three days. "Our tour operator learned about the flight delay from me and later informed me that the departure would be at one o'clock in the morning. And the representative of the airline on the phone said that the departure is at four in the morning and they will pick us up at the hotel at one in the morning. He also said that the wheel was replaced in the evening, but the crew of the plane needs rest. As a result, the hotel informed us to be at the reception at 23.15. The bus to the airport picked us up. We quickly handed over our luggage, checked in and left at one o'clock in the morning, " Irina said.

Irina's story is not over yet. Now she and her family are on vacation in Turkey, but they will have to wait again when they return. This time, compensation payments from the airline.

"It's hard to get into such a situation with young children. An adult can still be patient, and you can't explain to the baby why there is no water or food. On the other hand, it is good that they noticed a technical malfunction and fixed it on the ground. It was just necessary to explain everything to people in a human way and initially give the right information, provide water, food, and a hotel as it should be. The tour operator suggested that we should write an application for reimbursement of these hours of delay upon arrival. An application for a tour operator, and they will go to the airline, and we have to reimburse the whole day of waiting, " the girl shared.

So, what should passengers do if they find themselves in a situation with a delay or postponement of the flight? The current legislation of the Republic of Kazakhstan, namely Article 86 "On the use of the Airspace of the Republic of Kazakhstan and aviation activities" provides for the carrier's liability to the passenger in case of cancellation or delay of the flight. Including monetary compensation in the amount of three percent of the ticket price for each hour of delay, if the airline does not prove that the delay occurred due to force majeure. In the event that this is due to the fault of the carrier, it is obliged to organize the following services for passengers without charging an additional fee:

- provision (if available) of a room for a mother and a child to a passenger with a child under the age of seven years; - two phone calls, including via international communication lines, lasting no more than five minutes or two e-mail messages when waiting for the departure of the flight for more than two hours; - provision of soft drinks when waiting for the departure of the flight for more than two hours; - providing hot meals while waiting for the departure of the flight for more than four hours and further: every six hours - during the daytime; every eight hours - at night; - accommodation in a hotel provided by the carrier, while waiting for the flight departure for more than eight hours during the day and more than six hours at night; - delivery by transport provided by the carrier from the airport to the hotel and back in cases where the hotel is provided without charging an additional fee.

If the flight is canceled or delayed due to the carrier's fault for a period of more than ten hours, the carrier is obliged, at the passenger's choice:

- ensure that the passenger is transported by the nearest flight to the destination indicated in the ticket; - refund the passenger the full cost of the ticket.

In case of violations of these points, carriers are liable in accordance with the Code of Administrative Offenses of the Republic of Kazakhstan. If it is clear with the Kazakh rules, then what should be done in case of a flight delay abroad? Irina Lukyanina, the organizer of author's tours in Kazakhstan and the world, shared her experience. She sorted out the most popular options. ⠀ ⠀ Federal aviation regulations apply in Russia. Paragraphs 74, 99 and 227 of Article 120 of the Code of the Russian Federation:

- regardless of the length of the delay, all passengers are required to provide free luggage storage; - you can get compensation - 25 rubles for each hour of delay, but not more than half of the ticket price. Plus damages if you bought food or drinks at the airport yourself; - if the airline offers another flight, you will be able to fly on it without additional payment, but you will not be able to choose it yourself.

In Europe, Regulation EC No. 261/2004 is in force:

- compensation depends on the flight distance: the greater the distance, the longer the flight must be delayed. For example, if the route is less than 1,500 kilometers, then drinks and food can be obtained with a delay of only two hours. If from 1,500 to 3,000 kilometers , then if the flight is delayed by three hours; - if the delay exceeds five hours, you can cancel the flight and get full compensation; - if you do not refuse and fly to your destination, you can claim compensation from 125 to 600 euros for the delay (from 62,266 to 298,878 tenge).

According to Irina Lukyanina, there is only one law in the United States concerning flight delays.

"According to the law, food and water must be provided when the flight is delayed for two hours. But only if the passengers are already sitting on board the plane. However, the airlines themselves often meet halfway and take care of passengers as if they are threatened with fines and sanctions." As for Asia and Africa, the laws here depend on the country. "Most often, they specify only approximate rules. The rest is decided by the carrier itself. There is no special care to wait for, so you need to approach the choice of an airline especially carefully. Keep in mind that on international flights, passengers are also protected by the Warsaw and Montreal Conventions, " says Irina Lukyanina.

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