To whom _______________________________________
(name of airline or air squad, address)

From whom_______________________________

_____________________________________

Passenger complaint
due to breach of obligations
under an air transportation agreement

“___” ____________ 201 _ I purchased a ticket for flight N ______ on route ________________, which was supposed to take place at _______ hours ______ minutes local time “___” ____________ 201 _ and for which I paid ______________ rubles, thereby concluding with your the enterprise has a contract for the carriage of passengers (clause 2 of article 105 of the Air Code of the Russian Federation). This fact is confirmed by an air ticket dated “___” ________ 201 _ year N _________________.
“___” ____________ 201 _ the flight did not take off. It was delayed until _____ hours _____ minutes "___" ____________ 201 _. This fact is confirmed by the airport stamp on the air ticket.

According to paragraph 1 of Art. 103 of the Air Code of the Russian Federation, under a contract for air transportation of a passenger, the carrier assumes the function of transporting the passenger to the required destination. The time frame for delivery of the client and luggage is determined by the rules established by the carrier air transport.

The contract for the carriage of passengers was concluded by the plaintiff solely for personal needs not related to business activities, in this regard and on the basis of the preamble of the Law of the Russian Federation "On the Protection of Consumer Rights" I believe that the relations that arose between him and the airline are subject to the norms of the Law of the Russian Federation " On the protection of consumer rights."

Having paid the amount of the contract of carriage, I fulfilled my obligations to the carrier, however, your company, in violation of Art. 27 of the Law of the Russian Federation “On the Protection of Consumer Rights” did not fulfill its obligations regarding the period of provision of services.

In accordance with the law on consumer protection, in case of violation of the established terms of passenger transportation, the contractor pays the consumer a penalty in the amount of 3% of the price of the ordered service. I believe that the percentage in my case should be calculated based not on overdue hours, but on minutes, since the contract of carriage is concluded in minutes. Since the legislator limits the collection of a penalty from an unscrupulous performer to the amount of the contract, and the contract was concluded in minutes, and also due to the fact that the penalty amounted to ___%, I believe that the penalty should be _______ (___________) rubles.

I also ask, on the basis of the law on the protection of consumer rights, as well as by-laws, to fully compensate for the losses caused to me in connection with the violation of the terms of the air transportation agreement, namely:

Travel by bus from the airport to the hotel and back - _________ rubles;

Hotel accommodation from _____ hours ____ minutes. “___” ____________ 201 _ years to _____ hours ___ minutes. “___” ___________ 201 _ year - ___________ rubles;

Lunch at the restaurant _____________ “___” ______ 201 _ - ______ rubles;

Long-distance telephone conversation to inform the family about a flight delay - ________________ rubles;

Total _________ (_____________________________) rubles.

Based on Articles 27 and 28 of the Law of the Russian Federation "On the Protection of Consumer Rights", clause 99 of the Federal Aviation Regulations " General rules air transportation of passengers, baggage, cargo and requirements for servicing passengers, shippers, consignees", approved by Order of the Ministry of Transport of the Russian Federation dated June 28, 2007 N 82,

ASK:

1. Voluntarily pay me a penalty for violating the terms of provision of services in the amount of _____________ rubles. The payment period is until “___” ____________ 201 _.

2. Compensate me for losses caused in connection with violation of the terms of provision of services in the amount of _______________ rubles until “___” __________ 201 _.

In case of refusal of my legal demand, I reserve the right to go to court with a statement of claim for the recovery of damages, penalties and moral damages (Article 15 of the Law of the Russian Federation “On Protection of Consumer Rights”) caused to me by your illegal actions, which I I estimate the amount to be ________________________ rubles.

In addition, I inform you that in case of refusal to comply with my legal requirements when considering my claim in court, your company will also be charged a fine to the state in accordance with paragraph 6 of Art. 13 of the Law of the Russian Federation "On the Protection of Consumer Rights" for failure to comply with the voluntary procedure for satisfying consumer requirements.

ABOUT the decision taken Please notify me in writing within the prescribed period.

Applications:

1. Copy of the air ticket.

2. Copy of bus tickets.

3. Copy of the hotel invoice.

4. Copy of the restaurant invoice.

5. A copy of the receipt for long-distance calls.

"___" ____________ 201 _ year. __________________
(signature)

This document may be useful to you:

No traveler experiencing a plane delay would describe waiting to board as a pleasant experience. A business event, a long-awaited vacation, or an important meeting are under threat. The passenger has to bear real losses if a profitable deal is disrupted due to a flight delay.

Thoughts of disrupted plans are complemented by the inconvenience of a long stay in the waiting room and general fatigue. The passenger’s desire to punish the perpetrator of his torment with a ruble is quite fair. Following it, the citizen files a claim against the airline for the flight delay. But his suffering is not always subject to monetary compensation.

Airline liability

The air carrier is found guilty of cancellation or if they occurred for the following reasons:

  • the aircraft crew was not ready for a timely departure;
  • the company's management did not connect intermediate connections (during transfer flights);
  • cancellation charter flight, unprofitable for the airline;
  • overbooking, which led to the impossibility of accommodating all passengers who purchased tickets on the plane;
  • in other cases when the carrier cannot prove that the flight did not take place due to force majeure (including due to the airline’s economic problems).

If, due to the above circumstances, the passenger was unable to fly on time, he has the right to contact the airline with a written complaint and demand compensation for losses incurred.

The point about overbooking needs a separate explanation. This concept hides a kind of “greed” of the carrier, its desire to sell more tickets than there are seats on the plane. This practice is based on statistics that show that on average 5% of citizens who purchased air tickets do not show up for flights.

Many carriers, not wanting to miss out on extra profits, sell an excess number of tickets exceeding the number of seats. This is not done in the interests of passengers. If all the citizens to whom tickets were sold show up for the flight, some of them will not find a place on board the plane.

When the air carrier is innocent

There are situations related to flight delays and cancellations in which the airline is exempt from financial liability to customers. And no matter how difficult the wait for departure may be, passengers will have no reason to write. Such circumstances include the Civil Code (Articles 794, 795) and other regulations:

  • airport employee strike;
  • bad weather threatening flight safety;
  • natural disasters;
  • hostilities;
  • protests;
  • the need to eliminate a defect in the airliner;
  • order of the authorities.

According to Article 401 of the Civil Code of the Russian Federation, failure to fulfill business obligations due to force majeure does not entail liability, since the violator is considered innocent.

However, in the event of a legal dispute, it is the airline that must prove that it objectively could not organize the planned flight. The carrier's financial problems do not qualify as force majeure.

Filing a claim against the airline

Nowadays, a claim to an airline for a flight delay or cancellation is drawn up by professional lawyers (you can contact a consultant). It is possible to cope with this task yourself, using a sample claim from the site as an example for the application. It is now possible to file a complaint on the official websites of carriers by filling out a special form. Similar services are available on the websites of Aeroflot, Lufthansa, and Delta.

Complain about delay domestic flight the passenger has the right to do so within six months from the date of the incident. If the incident occurred on international airline, the period for filing a complaint is increased to two years.

The complaint must describe in detail the violations committed by the company. The applicant must indicate:

  • when the tickets were purchased and for which flight;
  • what time the flight was supposed to take place;
  • when did it actually take place;
  • what costs the applicant incurred due to the delay (did not check into a pre-paid hotel on time, was late for an excursion, etc.);
  • what additional expenses he had to make (meals in a cafe, long-distance call, payment for one more night in a hotel) - with specific amounts reported.

After describing the facts of the carrier’s failure to fulfill its obligations, there follows a demand for compensation to the passenger for losses incurred and payment of a fine for failure to fulfill the terms of the contract. The applicant has the right to warn the airline that if the requirements are not met voluntarily, he will be forced to go to court.

Copies of the following are attached to the claim:

  • air tickets;
  • checks and other payment documents,
  • evidence confirming other losses - hotel reservations, excursion tickets, invitations to a seminar, etc.)

In the event of a flight delay, the passenger has a good chance of compensating for the losses that he had to incur due to the carrier's shortcomings. You just need to file a claim, document as much as possible the expenses incurred during the prolonged wait for departure, and also confirm other costs associated with a late arrival.

Airlines around the world operate quite efficiently and responsibly, because the area of ​​their specialization will not tolerate any other attitude. Despite this, in terms of service and overall quality For some services, these organizations often exceed their authority or violate.

In such a situation, people who have suffered from poor quality services provided by the airline have every right to complain about it, and in some cases, even compensate for the damage received. We will talk in more detail about the procedure for filing complaints against airlines and filing them in their name in the article below.

Filing a complaint is the right of every airline customer

Making claims against the airline is a special right of any client of this organization. It is important to understand that this right can only be exercised if the citizen has actually suffered from the company’s activities. Otherwise, if the claims are extremely subjective and unfounded, they should not be presented, because such an event is a waste of time.

The most common example of an unfounded claim against an airline is a situation in which a client who has purchased a flight ticket returns it to the ticket office on his own initiative and demands a refund, but in turn, the money is not returned.

Please note that such circumstances are not a reason to file a complaint, since the legislation of the Russian Federation allows not to return the cost of air tickets if they are returned by the client on his own initiative.

However, in addition to the previously presented reasons for filing claims with the airline, there are also completely justified ones. For example:

  • Flight delay;
  • failure to fulfill the company's obligations to provide citizens with normal conditions of stay during a flight delay (lack of soft drinks, hot food, etc.);
  • various types of abuse of power on the part of employees of the organization - boorish behavior, failure to provide the necessary things, and the like;
  • denial of flight due to illegal circumstances;
  • flight cancellation;
  • changing flight times without notifying customers;
  • other types of violations in the airline’s activities that violate the rights of customers.

It is worth noting that the claim will be considered justified if there is evidence that the client is right: a note on the ticket about the flight delay, testimony from other participants in the events and other evidence that can be presented by the citizen. In the absence of such, defending rights will become much more difficult, and sometimes even impossible.

The procedure for drawing up a claim and its sample

Airline claim - official document

As you can see, creating and submitting a claim to the airline is not that difficult. The main thing in this procedure is to adhere to the previously presented order and act in accordance with the legislation of the Russian Federation. We hope the article provided answers to your questions. Good luck in defending your rights!

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