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Lawyers assessed the chances of compensation for passengers who were late for an Aeroflot flight

Social networks continue to discuss the Sunday incident at Sheremetyevo Airport, where either 20 or 30 passengers did not board an Aeroflot night flight to St. Petersburg (data vary). According to their version, the carrier closed access to boarding 2 minutes earlier than expected, so they were not allowed on the plane.

Aeroflot’s point of view is exactly the opposite: the landing was completed exactly 20 minutes before departure, that is, at 00:10, and everyone who caused a scandal was simply late. All this, according to a representative of the airline, is confirmed by data from CCTV cameras. “Late, lost, lost, important events – all this goes through the woods. There is a technological schedule; the landing does not close before the scheduled time. Only if there is a full turnout. Otherwise, the time is 20 minutes before departure, or for some short-turnover carriers the time is indicated in the conditions of carriage. To delay boarding, there must be really compelling reasons, such as the delay of transit passengers depending on the number,” commented one of the subscribers of the telegram channel “Roof of the TourDom”.

Meanwhile, some participants in the discussion are distributing a screenshot of the online board at Sheremetyevo Airport, according to which boarding for the flight was extended, and by exactly 2 minutes, which was just not enough for those who did not fly away. However, most observers agree that in this case you should trust not the online scoreboard, but the information contained in the boarding passes.

Lawyers also confirm this. “When a passenger checks in either directly at the airport or when checking in online, the passenger is issued a boarding pass, which contains the passenger’s initials and surname, flight number, departure date, flight boarding deadline, boarding gate number and seat number at on board the aircraft. According to paragraph 90 of the Federal Aviation Regulations, the passenger must arrive at the boarding gate on board the aircraft no later than the end of boarding for the flight indicated on the boarding pass,” commented Alexander Bayborodin, head of the company “Lawyers for the travel business “Bayborodin and Partners.”

However, passengers have a chance. Paragraph 92 of the FAP states that “the carrier’s responsibility is to provide passengers at the airport with visual and acoustic information about the location, start and end time of check-in for the flight and the time of boarding of passengers on the aircraft.” According to some passengers, they did not hear any warnings.

The main question is what evidence the court will accept if the case comes to it. “Passengers who failed to fly must prove that the boarding end time did not correspond to that stated on the board or boarding pass, using any means of evidence, including witness statements, screenshots of the airport’s online board, photos and videos from the phone, explanations of airport employees, surveillance camera recordings ”, noted Alexander Bayborodin. At the same time, the lawyer added, it should be taken into account that the absence of guilt is proven by the person who violated the obligation, that is, the guilt of the airline in causing harm, violation of contractual obligations is assumed (presumed), since otherwise has not been proven, and it is the carrier who bears the burden of proving the absence of its guilt in breach of obligation.

However, there has not yet been any information that any of the passengers who did not fly from Sheremetyevo are going to resolve the issue with Aeroflot in court.

Source: Tourdom



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