Flight cancellation is an unpleasant and quite common situation in recent years. As a rule, it does not have serious consequences, but sometimes it can be a reason for being late for a connecting flight at another airport. Flights may be canceled for various reasons, which are often not subject to the carrier. What rights do passengers have in accordance with applicable laws? How can I minimize the consequences of canceling a flight?
Reasons for canceled flights
Of course, canceling a flight is an unpleasant procedure. However, the air carrier is not always to blame for this. Before claiming compensation for a canceled flight at the companyβs representative office, it is necessary to clarify the reason for the incident.
Cancellation of a flight is the fault of the airline if:
- there are inconsistencies in the schedule;
- the aircraft crew does not have time to prepare the aircraft or to clean before departure;
- the passenger was not registered due to overbooking (i.e., more seats were sold than were actually available on the plane);
- the flight is unprofitable for the enterprise;
- the carrier cannot provide evidence or an explanation of the reasons for the failure to fulfill its obligations.
The carrier is not to blame if the following circumstances caused the cancellation:
- weather conditions;
- natural disasters;
- hostilities;
- introduction of martial law in the country;
- the imposition of prohibitions and restrictions on the transport of goods on certain routes;
- strike of airline employees;
- aircraft defects that pose a threat to the lives of passengers.
How to be
So what if the flight is canceled? First of all, you need to contact the representative of the air carrier and get an explanation of the cancellation from him. As a rule, the representative will immediately offer you an alternative flight option. However, companies are not always ready to send their passengers to their destination on the same day, so sometimes they offer a refund. We will discuss this in detail below. The passenger must record the date and time when the announcement of the cancellation of the flight took place.
If the cancellation occurred in a few days
What if the airline canceled the flight a few days before the expected departure date? In this situation, passengers have the right to demand:
- replace tickets (drawing up an alternative transportation route);
- return money (if the airline has claimed responsibility).
It is important to note that the transit passenger has more rights. The fact is that the liability of the air carrier is determined by the legislation of the state to which the passenger arrives in transit. In the United Kingdom, for example, if the cancellation of a flight inevitably led to the fact that the purpose of the trip fell through (a business meeting did not take place, the passenger missed the competition), the British carrier provides a free flight to the Russian Federation.
If the passenger found out about it on the day of departure
What should I do if my flight is canceled on the day of departure? The first thing that a company representative will offer in this case is to reissue travel documents for another flight. If flights from a departure airport on a particular route are operated by only one carrier, the passenger will have to wait for the next flight. Sometimes it can take several hours or days.
If another airline is ready to transport passengers, then two options are possible:
- free reissue of the ticket if the cancellation occurred due to the fault of the carrier;
- reissue of the ticket with surcharge, if the carrier is not to blame.
According to Russian law, for each hour of waiting for an alternative flight, the carrier undertakes to pay compensation. Its size is 3% of the ticket price + 25% of the minimum wage. The same law states that the maximum fine cannot be more than half the price of a ticket, even if the wait lasted a relatively long time.
In Europe, the amount of compensation depends on the waiting period and is usually from 100 to 600 euros. The number of days for which the company warned the passenger about cancellation also plays a significant role.
The situation with flight cancellations in the United States is fundamentally different. Each air carrier has the right to establish its own rules. In the USA, tickets are exchanged at the expense of the passengers themselves. You can exchange a ticket for free only because of overbooking.
Refund for tickets
If an unpleasant situation has occurred on the territory of the Russian Federation, then Russian legislation will apply. If in another country, then, accordingly, the return will be carried out according to local laws.
In order to return the money, you must first write a complaint to the airline. The following documents must be attached to the claim:
- copies of airline tickets;
- copies of boarding passes (if available);
- tickets for the event planned for the trip;
- copies of hotel reservations.
A transit passenger (if the route involved several transfers) can receive compensation both for an individual segment and for the entire composite round-trip flight. If the passenger purchased two separate tickets, compensation will only be for the canceled flight.
In Russia, the carrier must refund the canceled flight in a 30-day period. European airlines have reduced this period to 7 days. If the return has not been made, the passenger has the right to file a lawsuit in court.
Tickets for charter flights are usually sold by travel agencies. It is they who will return the money for the flight.
Providing an alternative route
Air carriers in 90% of cases offer passengers an alternative to a canceled flight. It can be flights of other carriers, with transfers, with a modified date and time of departure. Options are subject to seat availability in declared aircraft. It is important to note that the departure point cannot be changed.
If a passenger agrees to an alternative route, they will be reissued tickets at the expense of the airline. When the departure times of the initial and alternative flights do not coincide, passengers are compensated, as in the case of an airplane delay.
If the charter is canceled
As mentioned above, tickets for charter flights are sold by travel agencies. Therefore, in case of flight cancellation, all responsibility falls on the shoulders of these organizations. Please note: compensation for delays and cancellations of flights must be specified in the service agreement.
Where and when to complain?
What to do if the flight is canceled and your rights are violated? In all situations, litigation takes place in the country where the incident took place. You can write a claim directly at the airport of departure. If the airport does not have an office for a specific carrier, a claim can be sent through its website. It is also possible to send a claim by registered letter to the companyβs representative office.
If the carrier has not returned the money for the canceled flight or has violated the rights of the passenger, you can file a lawsuit with the court within six months. A copy of the claim and all documentation related to the flight must be attached to the application.
Useful Tips
To avoid an unpleasant situation, you can call the airlineβs representative office or help desk before leaving for the airport. There you will always be given the latest flight information.
No one is safe from force majeure circumstances. Therefore, in the traveler's bag should always be batteries, chargers, books and other things that will help pass the time, rations, personal hygiene products. In addition, it is worthwhile to have enough funds with you to purchase another ticket. It is also necessary to keep all checks, copies of tickets.
Do not ignore airline rules. Do not be lazy and read them when you buy a ticket through the website of the carrier. The contract may indicate that he is not responsible for the cancellation of the flight. This phrase, of course, can be written in other words. In particular, such rules like to establish low cost airlines.
What to do if the flight is canceled? This is not always the fault of the carrier. The latter can return money for tickets or offer an alternative route. If the airline violates the rights of the passenger, he has the right to go to court. Travel and know your rights!