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Tourists missed the train due to a flight delay: what compensation can they expect?

A participant in the “Sources of TourDom” chat shared a case with the editors: due to a flight delay, tourists were unable to use their paid train tickets. “They took off and surrounded us over Minvody for 2 hours. Then we waited for the other board. As a result, we missed the train,” writes the travel agent. Her clients would like to receive compensation from the carrier. We figured out in what cases they have the right to count on payment.

According to the lawyer of the Alliance of Travel Agencies, Maria Chapikovskaya, according to Article 120 of the Air Code of the Russian Federation, for being late, a passenger has the right to demand from the airline: firstly, a fine of 100 rubles. for each hour of delay, but not more than 50% of the freight charge, and secondly, compensation for losses “caused in connection with the delay in its delivery.” However, the reason for the flight delay plays a key role. “Compensation is possible if the airline does not prove that the delay occurred due to force majeure, the elimination of an aircraft malfunction that threatens the life or health of the aircraft’s passengers, or other circumstances beyond the control of the carrier,” explained Maria Chapikovskaya.

In any case, tourists have the right to write a claim to the airline, and if it is not satisfied, file a claim in court.

Recently, by the way, we talked about the claim of tourists from Engels against a travel agent and tour operator due to the fact that they lost a day of rest due to two flight delays. However, representatives of Red Wings airline managed to prove that the delays occurred for objective reasons. “The chances of getting your money back are very small,” admit the participants in the TurDom Sources chat.

Let us add that in case of being late for the train, the passenger can return part of the money spent. In particular, paragraph 87 of Order No. 473 of the Ministry of Transport of the Russian Federation dated December 19, 2013 provides that a burned document can be returned within 12 hours after the departure of railway transport. However, you can only return the money for the ticket (i.e., the travel fee) without the cost of a reserved seat (the fee for the carriage). Service fees are also refundable if they were included in the price of the trip.

Flight delays are a common occurrence. And recently, cases have become more frequent due to the fact that some airports may close for several hours – for example, due to the introduction of the “Carpet” plan.

Source: Tourdom



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