Compensation for passengers for non-compliance with the terms of the contract by the air carrier

Civil law
Sidorenko Vitaly
19.01.2021
Law Services - Compensation for passengers for non-compliance with the terms of the contract by the air carrier

    The rights of air passengers are regulated by the Order approved by the State Aviation Service of Ukraine “On rules of air transportation and service of passengers and luggage”, “Air Code of Ukraine” and the Civil Code of Ukraine.

    Thus, subject to the following conditions, you have the legal right to require the air carrier to return the full ticket price within 7 days or change the route of travel and departure at the earliest opportunity and availability of seats on the aircraft (Article 105 of the Air Code of Ukraine). You, as a passenger, have not been informed about the cancellation of the flight:

– two weeks before the scheduled time of departure;
– in the period from 7 to 14 days before the scheduled time of departure and no change of route was proposed, which will allow you to leave the point of departure no later than 2 hours before the scheduled time of departure and arrive at the final destination no later than 4 hours after the scheduled time. arrival time;
– less than 7 days before the scheduled time of departure and no change of route has been proposed, which will allow you to leave the point of departure no later than one hour before the scheduled time of departure and arrive at the final destination no later than 2 hours after the scheduled time of arrival.

    It is important to remember that the Carrier is not obliged to pay compensation if it can provide proof that the reason for the cancellation of the flight was force majeure or an emergency that could not be prevented, even if all measures were taken.

    In case of flight delays up to 1500 km for 2 hours, range from 1500 to 3500 km for 3 hours, range over 3500 km for 4 hours in accordance with Art. 106 TCU and ch. 4 chap. XVI Rules № 735 you can request from the airline:

– food;
– make two free calls;
– send a telex, fax or e-mail, if there are technical conditions.

    If the flight delay exceeds 5 hours, the airline must offer a choice: reimbursement of the cost of transportation within 7 days or change of route (or departure at the earliest opportunity and availability of seats on the plane).

Your actions.

    1. Gather evidence to confirm. For example, a contract, a ticket with notes about the delay, transfer, cancellation of the flight, boarding pass, checks for additional costs – transfer to the airport, food, etc.
    2. Prepare a written claim to the airline, detailing the situation, supporting it with evidence and indicating proposals to pay your compensation as a passenger.
    3. The carrier is obliged to consider such a claim and notify the applicant of its satisfaction or rejection with justification of the grounds within 3 months from the date of its receipt..

    So, as a rule, the air carrier tries to solve this problem without litigation. However, if you are still denied compensation, you need to go to court with a civil lawsuit. In this case, you also need to have a certificate from the airport administration regarding the fact of delay, cancellation of the flight or flight and of course the supporting documents mentioned above..

Administrative Law
Administrative Law
Мирошниченко Анастасія
22.07.2021