What should passengers do when the flight is canceled by the carrier?

In Europe and in general in the world there are a lot of airlines, but everyone has a common problem: delays and cancellation of flights. They entail, in addition to a spoiled mood, also a change in plans, additional costs, and sometimes refusal to travel in general. What can be done in this situation?

Let us consider in more detail:

Flight delay
If your flight is just delayed and you are not late for the transfer, you need to, unfortunately, just sit and wait. At least, if the plane is delayed no more than 3:00. However, according to EU rules regarding air travel, after the first two hours of waiting, you acquire the right to demand from the airline free meals, including drinks. There were cases when passengers of a delayed flight are given coupons that can be exchanged for food and drinks right at the airport. In other situations, passengers can eat at their own expense, keep checks and, in the future, submit the original checks of the airline - but in this case, you need to find out from the airline, which is the allowable limit on food and drink expenses, as well as the procedure for reimbursement of these expenses from the side airlines.

In the case when the flight delay lasts from three to five hours - in this case, the passenger is provided with monetary compensation, the amount of which depends on the distance between the points of departure and destination (the longer the distance, the greater the compensation). Starting with a delay of 5:00, you can count on a refund of the full ticket price. About the compensation amounts we will tell a little lower.

In the case when the passenger did not have time to transfer - the situation is very ambiguous - in the case of a missed transfer between flights of one carrier, you seek from the company a guaranteed departure by another flight. If the passenger has booked flights with different airlines, then, unfortunately, he will have to solve this problem entirely at his own expense.

Flight cancellation: practical advice.
A flight may be canceled in advance - if a strike is declared. In this case, you may be offered a different date and flight or return the money, or use a certificate for a certain amount. This situation is also not pleasant, but at least you have time to make an informed decision.

And when the news of the cancellation of the flight catches you already at the airport, the first task is to get where you fly as soon as possible. To do this, you need to know which airlines are still flying your route. It will be useful to get acquainted with the portals that are looking for more flights between these airports. It is more expedient to spend a couple of minutes beforehand in order to simply “poke” the buttons and understand how it works — it will be more difficult to figure out a stressful situation.

It also happens that the cancellation of the flight finds passengers in the evening or even at night. There is another problem - where to spend the night? In theory and on paper, everything is simple - the carrier takes on these concerns. But "theoretically" does not mean "always and without exception." If the cancellation became known late in the evening, your airline office may simply not work. And in many European cities, airports are generally closed at night - and even there they will not be able to sleep on the floor. If the airline does not help, you will have to find a place to sleep by your own efforts - but, of course, while maintaining all the checks and receipts that you can then provide to the airline for compensation. Such expenses are in any case compensable, regardless of the reason for which the flight was delayed or canceled.

Flight cancellation: legal opinion
After the passenger violates the destination to one degree or another, no doubt he will have a desire to deal with the perpetrators of the outrage. The so-called “Regulation 261/2004” operates on the territory of the EU, which specifically states: “... that in case of a delay of arrival by more than 3:00 or the cancellation of a flight, a passenger may claim compensation. Its size depends on the distance: up to 1500 kilometers the compensation amount can be 250 euros per person, from 1500 to 3500 kilometers - 400 euros, from 3,500 kilometers - 600 euros ... ”But it all depends on the reason the flight was delayed .

The amounts are formally satisfactory, but how to get them? Airlines, like insurance companies, are very reluctant to pay compensation, but in order to refuse payment, the carrier must prove that the flight was canceled due to exceptional circumstances. In the case when an “emergency” is proven at the first stage, the airline will have to prove at the second stage that it did everything possible to avoid or minimize the consequences of the flight cancellation (in particular, it is possible to combine flights or rent an additional aircraft).

At the same time, such a reason as technical malfunctions are not recognized by jurisprudence as an “exceptional circumstance” or “emergency”.

As a “extraordinary circumstance”, such a natural phenomenon can be regarded as a lightning strike, a bird getting into the plane, a natural disaster (snowfall, fog, volcanic eruption) - but there are some nuances here as well. Also, such events and events as strikes, political unrest or official bans on takeoff / landing, as well as sudden unexpected health problems or death of a passenger during a flight can also be considered as “exceptional circumstances”. But if one of the crew members is experiencing health problems, this is already included in the airline’s own risks.

In order to obtain compensation, residents of EU countries can turn to lawyers, either privately or using Rechtsschutzversicherung - voluntary legal insurance (equivalent to health insurance with regular payment of contributions). Residents of other non-EU countries can either act independently, or turn to special law firms (they are easy to find through any search engine on the Internet), specializing in resolving issues with airlines in similar situations. The injured passenger sends the company all the documents, officially appoints the company as its representative. After that, the company's specialists contact the air carrier and seek compensation. For this, the firm receives a reward: about a quarter of the refundable amount.

However, the action “Regulation 261/2004” applies only in two cases: if your flight is from an EU member state or if you fly from any other country to the EU by an airline based in the EU. For example, in the event of a serious delay or cancellation of a flight of a Ukrainian airline from Dusseldorf to Kiev, you have the right to compensation. But if you fly a Ukrainian airline from Kiev to Düsseldorf, and the flight is delayed, your case is not “European” and in this case you will have to seek professional legal assistance from local law firms. In particular, the affected person may contact the specialists of the Prikhodko & Partners law firm who will advise and provide professional assistance ...

Attitude towards passengers by the air carrier
Of course, airlines are well aware of EU rules regarding air travel. However, the payment of compensation - a very tangible cost, so carriers in all possible ways, trying to avoid them. There are not isolated cases when representatives of the airlines or the air carrier either do not answer the questions and requests of their customers, or refer to "unforeseen circumstances" that allegedly allow not to pay cash compensation to passengers. Not to mention the fact that when a flight is canceled, only one employee often works with a crowd of passengers and needs to solve the problems of two hundred people. And it also happens as noted above - the office of the airline or airline is simply closed and no one can complain to the passengers.

There is only one way out of this situation: to navigate the situation, to know your rights, be patient and in no case allow emotions to control common sense, because emotions will harm more than help.