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The lawyer explained the rules for compensation of funds for the cancelled flight

Khaminsky: flight cancellation does not deprive the passenger of the right to compensation
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Photo: IZVESTIA/Dmitry Korotaev
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Passengers can claim compensation for losses incurred due to the cancellation or delay of a flight, including if a separate ticket for another transport was burned because of this. At the same time, the airline's reference to airspace restrictions does not in itself release the carrier from liability. This was announced to Izvestia on September 2 by Alexander Khaminsky, head of the Law Enforcement Center in Moscow and the Moscow Region.

According to the expert, airlines often attribute delays in international flights to air traffic restrictions or the closure of airspace. However, the carrier must prove that it has taken all necessary measures to prevent the consequences of the delay or objectively could not have done so.

"The very reference to the closed sky does not mean absolution from responsibility," Khaminsky said.

The lawyer explained that in disputes with the airline, it is important for a passenger to collect evidence. These include the ticket, boarding pass, carrier messages, as well as photos of the airport's scoreboard with the actual departure time.

In addition, according to the expert, the passenger can record information about other flights during the same period. However, the fact of performing another flight does not always prove the illegality of the actions of a particular airline, since carriers may have different routes, air corridors, permits and current restrictions.

Khaminsky noted that the claim against the carrier should require an explanation of exactly what kind of restriction prevented the flight, by whom and when it was introduced, as well as what measures were taken to reduce the consequences of the delay.

Separately, the lawyer drew attention to situations when, due to a delay or cancellation of one flight, a passenger loses the next ticket, purchased independently. According to him, the cost of such a ticket can be recovered as damages if a person can prove the fact of payment, the delay or cancellation of the first flight and the connection between these events.

"If, due to a delay, a passenger has lost a separately purchased ticket for a Russian domestic flight, its cost can be recovered as damages. To do this, you need to prove the payment of the ticket, the fact of the delay and the causal relationship between it and the inability to use the next flight," the expert explained.

According to Khaminsky, it is also possible to apply to a foreign airline from Russia. If there is proven damage, the dispute may in some cases be considered by a Russian court, and the prospects of the case will depend on the evidence presented.

The expert stressed that when assessing the situation, it is important to take into account not only the original reason for the cancellation or delay, but also the actions of the carrier to minimize the consequences for passengers.

On the same day, the Turkish airline Pegasus cancelled six flights to Vnukovo and six flights from the capital's airport scheduled for September 2. The airport said it had no information on whether Pegasus representatives had informed passengers about the flight cancellations. Vnukovo also reports that other airlines continue to fly between Turkey and Moscow. The airport recalled that the airline operated with restrictions from time to time at night, and earlier in such cases, some carriers flying from Turkey returned to the departure airport.

Переведено сервисом «Яндекс Переводчик»

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