Where to file a complaint against an airline. How and where to file a complaint against an airline

Air transportation is subject to the norms of the Civil Code of the Russian Federation and Law No. 2300-1 "On Protection of Consumer Rights". Legal acts make it possible to appeal against almost any violation by the airline or its individual specialists. Although the list of remedies may include the filing of claims or statements of claim, a complaint against the airline may be a more effective way to influence the carrier.

Relations between a passenger and an air carrier are regulated by a civil contract. Usually, an analogue of the contract is paper or electronic travel document(tickets, itinerary receipts, other forms).

Such documents contain only the minimum list of conditions for air transportation, however, the rights of the passenger will be protected:

legislation of the Russian Federation in the field of civil air traffic;
regulatory acts in the field of consumer protection;
internal rules of the airline, which apply to all its passengers.

Reference! The air ticket is in the nature of a public contract. As soon as a passenger purchases a ticket, the unified rules of transportation approved by the company will apply to him. Local acts may provide for different conditions for certain categories of passengers.

If the airline fulfills its obligations in good faith, there are no grounds for filing claims, complaints or lawsuits. However, even with minor violations on the part of the carrier, its structural divisions or specialists, any legal means of protection can be used.

A complaint can be filed in the following cases:

in case of refusal to sell a ticket, or presentation of illegal requirements when issuing a travel document (for example, if a foreign passport is required to issue a ticket for an internal flight within Russia);
for refusing to check-in for a flight if the passenger has fulfilled all the mandatory conditions (appeared for check-in on time, presented a travel document and passport, does not carry prohibited substances, etc.);
for a flight delay, i.e. violation of the deadlines for the delivery of an aircraft at the airport of departure (the date of departure is always indicated in local time, which the passenger must take into account);
upon presentation of unlawful demands for the collection of an additional fee that is not provided for by the rules of the airline or the law;
to refuse to carry baggage within the limits determined by federal rules and local acts of the carrier;
for inadequate quality of service during the stay at the airport, during the flight, check-in and baggage claim.

Since the Consumer Rights Act applies to air transportation, the carrier will not be able to evade consideration of claims, otherwise he will face a fine. Therefore, file a claim and a complaint immediately. This allows you to quickly achieve elimination of violations, payment of compensation.

If a violation is identified, you can try to resolve the conflict directly with the airline. This is not a complaint, but a statement or claim. Most of the leaders in the air travel market are aware of the consequences of filing a complaint. Therefore, even in case of disagreement with the requirements of the passenger, the decision can be made in his favor. This will have a positive effect on the carrier's reputation and eliminate lengthy litigation.

If the airline does not respond to claims and statements, a complaint can be filed:

Only a lawsuit can be filed with the court. A complaint to the judicial authorities is not filed against the airline, since it belongs to private (commercial) structures. However, unlawful decisions of the carrier's officials may be subject to appeal.

Another option for protecting interests is to file a complaint with the Society for the Protection of Consumer Rights (OSPP). This non-profit social organization has representations in all regions of the country. Getting real help in OZPP is difficult. Even if the complaint is considered in your favor, this structure cannot take any effective measures.

It is desirable to complain about the illegal actions of the air carrier in writing, although the law also allows for an oral version of the appeal. However, if a citizen has to file a lawsuit in court, having a written complaint and a response to it will help prove the legitimacy of the requirements. If the passenger decides to file an oral complaint, you need to make sure that it is properly registered. This is usually done by sending a notification by e-mail or via SMS.

1. How to file a complaint with the prosecutor's office?

The powers of the prosecutor's office include control over compliance with the law. Therefore, the list of violations on which it is possible to file a complaint with the prosecutor is very limited.

An appeal will be appropriate in the following cases:

if the rights and freedoms expressly specified in the law are violated (for example, it was refused to purchase a ticket, to be admitted to a flight on a travel document);
if the actions of the air carrier caused harm to the life and health of the passenger, damage to his property (in this case, we can talk about initiating a criminal case);
if the airline violates the licensing rules (for example, it carries out transportation without an air operator's license);
if the rights to protection of personal data of passengers are violated;
in other similar cases when the legislation of the Russian Federation is violated.

In 2019, the prosecutor's office considered collective complaints against the Pobeda airline. The carrier has announced a major promotion for the sale of tickets at reduced prices. However, the action was actually disrupted, because when trying to buy a ticket, the company's online service gave an error. Although the final decision on the complaints has not yet been made, the prosecutor's office has already made public that a violation of the rules for concluding public contracts has been revealed.

A complaint to the prosecutor can be filed in writing, at a personal appointment with the prosecutor, or through the website of the department. Electronic appeals are considered in the general order. A written notification will be sent to the applicant about the results of the inspection and the measures taken.

2. How to file a complaint against an airline with Rospotrebnadzor?

Since any illegal action on the part of the airline violates the rights of consumers, a complaint to Rospotrebnadzor may be the most effective defense option. Here is just a small list of issues on which an appeal to the designated department will allow initiating an inspection:

inadequate quality of services - flight delays, arrival delays, poor quality food;
refusal to provide services guaranteed by law and local acts of the company - failure to provide a hotel and meals in case of a flight delay, refusal to return money for a disruption in transportation, charging a fee for transporting a newborn child, etc.;
violation of the terms for consideration of claims from passengers, payment of mandatory compensation.

Attention! If Rospotrebnadzor confirms violations when considering a complaint, an additional fine will be charged from the airline. In addition, the department is authorized to file appeals in court in defense of an indefinite number of persons.

Among the most high-profile cases when Rospotrebnadzor acted in defense of passengers, one can single out massive flight delays in the summer of 2018. Complaints were filed against Rossiya Airlines and Domodedovo Airport, and as a result of the audit, passengers were compensated according to international standards.

You can send a complaint to Rospotrebnadzor directly to this department, through the public services portal. When conducting an audit, Rosaviatsia specialists are usually involved, since in case of serious violations, we can talk about the suspension or revocation of the operator's license.

3. Complaint to the Federal Air Transport Agency

The least effective way to protect is to contact the Federal Air Transport Agency. A complaint to this structure will be justified if there has been a violation of the conditions of the transportation license:

if the company violates the standards of international flights;
if an aircraft that has not passed the security check is allowed on the flight;
if, through the fault of pilots or ground service specialists, harm has been caused to the health and life of citizens;
if the improper operation of the aircraft has led to an accident.

In other cases, the Federal Air Transport Agency may issue an order to the airline to eliminate the violations. Such a response will not entail real consequences, and you will have to go to court to protect your rights.

A complaint to the Federal Air Transport Agency can be submitted by registered mail, at a personal appointment in service units, or through the website of the department or the public services portal. The applicant will receive a response about the results of the verification by mail or through online services.

What is better, a complaint, a claim or a lawsuit?

In case of violations on the part of the airline, the right to file a claim, complaint, statement of claim arises.

The injured person independently chooses which document to submit to the carrier:

when filing a claim, you can count on the collection of sanctions under Law No. 2300-1. If the company refuses to consider the claim, it is possible to recover through the court a penalty, a fine in the amount of 50% of the amount of the debt, compensation for non-pecuniary damage;
filing a complaint guarantees that the activities of the carrier will be verified by government departments (when filing a claim or lawsuit, verification is not carried out);
sending a claim to the court is the most effective way of protection, since you can get a writ of execution, start enforcement.

If the claim is of a property nature, it is better to immediately file a claim or a statement of claim. If a passenger wants to hold the airline liable under the Code of Administrative Offenses of the Russian Federation and achieve the elimination of violations, then a complaint must be filed.

Where to file and write a complaint for a flight delay against an airline in Russia in 2020. Sample appeal to Rospotrebnadzor and other regulatory organizations.

Air travel is not a cheap pleasure, especially now, when the instability in pricing issues is especially strongly felt. Therefore, a complaint against the airline can be a very appropriate solution in cases of unfair service on the part of the air carrier. A flight delay claim and compensation can be granted if the flight was delayed by 3 hours or more in accordance with the EU and Turkish rules in force in 2020.

The most popular reasons for complaints against an airline in 2020 are as follows:

The air carrier is guilty of a flight delay (find out on our website).
The flight was delayed for a long time, but the passengers are left to their own devices, without proper food and accommodation.
Loss or damage to passenger property.
Airline employees have exceeded their authority.
Sudden flight cancellation or re-routing not due to a force majeure event.
The passenger does not receive the required service and quality of service without visible or justified reasons.

To have a reason to complain, you need to know your rights. What is the responsibility of the air carrier if the flight is delayed through his fault?

It all depends on how long the delay is:

Flight delayed by two hours. Passengers are required to offer drinks or help send an email.
The delay continues for four hours. The passenger has the right to expect hot meals every six hours during the day (every eight hours at night).
Delay over six hours. Clients are required to provide a hotel room. If a passenger is flying with a small child, then he should immediately be offered to go to a specially equipped room for mother and child.

Everything must be provided without additional fees. The responsibility for the safety of baggage also lies with the air carrier.

If the flight is delayed for 3 hours or more in European countries and Turkey, you can receive compensation from 400 euros per person. You can calculate the payment and submit a claim letter at.

Find out about the obligations of the air carrier in case of a flight delay in the video.

Filing a claim and calculating flight delay compensation

If you were flying with a European company or a Turkish airline, you can file a flight delay complaint and receive compensation. The payment will be made if the departure of the aircraft was delayed by 3 hours or more. The amount of the payment is from 300 to 600 euros per person.

You can apply for consideration for flights that have been made within the last 3 years.

You can find out if you are eligible for compensation. To do this, enter the details of your flight and the airline you flew in the form below.

Where to complain about an airline in Russia in 2020

Sometimes a simple step is enough: calling the company's hotline. If it was not possible to resolve the problem amicably (for example, the claim is rejected by the manager), but the passenger is confident in the legitimacy of his claims, it is possible (but not necessary) to report that he will go higher with his complaint.

Sometimes this can take effect and the air carrier will agree to pay damages.

Complaint to the Consumer Rights Protection Society (OZPP)

This authority was established to verify applications and claims from consumers to manufacturers or organizations that sell goods or provide services. In order for the application to be considered, you should contact one of the consumer protection departments: regional or central in Moscow.

If the society proves guilt, it draws up an act and sends it to the authorities that are authorized to proceed with the case. Whether it is a material penalty or criminal proceedings.

A complaint to the OPP is filed in one of the following ways:

A written request sent by registered mail with notification of receipt by the addressee. Evidence of the harm caused must be attached to the letter.
Notification by e-mail (e-mail can be found on the website of the organization).
Personal appeal to an employee of the OZPP and providing him required documents.
Telephone complaint to the OZPP office.

Filing a complaint with Rospotrebnadzor

Branches of Rospotrebnadzor are located in all administrative districts Russian Federation and are designed, in particular, to monitor the quality of service delivery by organizations. If Rospotrebnadzor reveals violations, it may even impose restrictions on the company's activities.

A complaint can be filed as follows:

An example of filling out an electronic questionnaire on the site rospotrebnadzor.ru

In case of detection of dangers for the normal trip of a passenger, a threat to health or life, it is necessary to immediately report violations to the Rospotrebnadzor authorities.

Contacting the Federal Air Transport Agency (FAVT)

Rosaviatsia is a specialized organization that acts on behalf of the Ministry of Transport of the Russian Federation. It is designed to control all the nuances associated with the work of air carriers operating in the Russian Federation, including the quality of services provided. This is the main specialized body that oversees and manages the aviation industry.

Air carriers are under supervision, regardless of whether they operate in the domestic market or organize international flights. If the Federal Air Transport Agency, during the investigation, reveals serious violations by a certain company, the latter may even have its license revoked, not counting other disciplinary measures.

The mere mention of a complaint to the FAVT can significantly help in resolving a disputable situation that arose during the service of a client by an airline.

You can file a complaint with the FAA as follows:

However, it will not be possible to compensate for the harm caused through the fault of the air carrier through the Federal Air Transport Agency. This organization deals exclusively with cases related to the work of the airline itself, and does not mediate in disputes between it and customers.

Where else can you go

Often, financial recovery is possible only as a result of an appropriate court verdict. Therefore, to start an investigation, you can apply to the prosecutor's office.

Prosecutor's office

There is a representative office of the prosecutor's office in almost every city. But the matter is unlikely to be resolved quickly. Therefore, this authority can be contacted only when the relevant organizations could not achieve a positive result for the passenger.

You can file a complaint with the Attorney General in the following ways:

Send registered mail.
Visit the district office in person (at the place of registration or residence).
Use the online reception service and try to register the application online. But this is not always a working scheme. Therefore, there is nothing better than a personal visit to the investigator.

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

In such a situation, people who have suffered from the poor quality of 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 complaint procedure against airlines and drawing up in their name in the article below.

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 such a right can only be exercised if the citizen has actually suffered from the activities of the company. 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 bought a ticket for a flight returns it to the ticket office on their own initiative and demands a refund of their funds, 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 you 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 quite reasonable ones. For example:

Flight delay;
failure to fulfill the company's obligations regarding providing citizens with normal conditions of stay in case of a flight delay (lack of soft drinks, hot food, etc.);
various types of abuse of authority by the employees of the organization - boorish behavior, failure to provide the necessary, and the like;
refusal to fly under illegal circumstances;
flight cancellation;
changing the flight time without notifying customers about it;
other types of violations in the activities of the airline that violate the rights of customers.

It should be noted 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, testimonies of other participants in the events and other evidence that can be presented by a citizen. In the absence of such, the upholding of rights will become noticeably more complicated, and sometimes it will be impossible at all.

Procedure for making a claim and its sample

Claim to the airline - official document

As you can see, it is not so difficult to make and file a claim with the airline. The main thing in this procedure is to adhere to the procedure presented earlier and act in accordance with the legislation of the Russian Federation. We hope this article has provided answers to your questions. Good luck with your rights!

How to act if luggage is lost at the airport, the video will tell you:

The work of domestic and foreign airlines set up well enough. But still, problems can sometimes arise: loss or damage to luggage, abuse of authority by employees, etc. In these unpleasant situations, it is necessary to write a claim addressed to the management. Usually, after that, all issues are resolved peacefully by agreement of the parties. If this did not bring any result, then a complaint against the airline is written to the relevant state bodies.

What can be complained about

Important! It should be borne in mind that:

Each case is unique and individual.
Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

By purchasing a plane ticket, the passenger agrees to the conditions specified in the contract. For different airlines (Aeroflot, Pobeda, UTair and others), they differ. You need to write a complaint if the promised service was not provided or provided not in full.

Claims are usually sent in the following cases:

Cancellation of the aircraft without warning, return Money, providing a seat on another flight in the same direction due to cataclysms or the fault of the airline. It is possible to get a refund of the full cost of air tickets, but more often passengers are sent to their destination on another aircraft of the same price category. If the flight cost more, you are not required to pay the difference.
Delay of the aircraft longer than the permissible norms, failure to provide the required services at this time. By law, for waiting more than 2 hours, free drinks should be given out, from 4 - a hot lunch, over 6 - a hotel room.
The loss of luggage, due to which it was necessary to spend money on finding it or buying new things.
Refusal to board an aircraft, failure to provide a seat on a similar one within 12 hours, if the airline has sold more tickets flight than allowed (overbooking).
The e-ticket is lost, and at the check-in desk you were refused a printout of a new one. In this case, only a passport is enough to board the plane. Refusal is a direct violation of the rights of the passenger.
Failure to provide dietary meals if you have warned about it in advance.
Long proceedings at the check-in desk, which provoked a delay in the plane.
Arrival at the city of connection later than indicated, and because of this you did not have time for the flight.
Non-return of funds (although under the contract in your situation they must be returned).
Rudeness, rudeness, negligence of flight attendants and other airline employees.
Lack of information about the rules of cargo transportation.
Withholding a commission when returning an air ticket, which was not reported before the conclusion of the contract.