How to refund purchased tickets if your flight is cancelled – legal advice

During the period of quarantine in Ukraine has dramatically increased the number of complaints to the airline. They are connected, in particular, with the cancellation of flights and the reluctance of carriers to return the money for tickets purchased.

Although in General, lawyers say, because of the decrease in the number of flights total number of complaints against airlines declined.

As subscribers of Kyivstar, Vodafone and lifecell insurance before you travel abroad

“A sharp decrease in the number of flights has naturally led to a decrease of service complaints during the voyage. However, dramatically increased the number of complaints related to cancellations and refunds for the purchased tickets,” – said in an interview with UBR.ua head of aviation sector of the law firm Kinstellar Alexey Borchevsky.

Airlines are in no hurry to return the money to its customers for the cancellation of flights for seven days, as required by current legislation. Most often, the refund process takes months. Accordingly, passengers have to complain to state authorities, usually the Ministry of transport.

It got to the point that even the ideologues of travel began to agitate people not to risk the money and to move such a welcome, but still risky to travel abroad in a more stable period.

“Even the most strange, but now I see my task is not to inspire Ukrainians to fly, and to warn. The fact that airlines are now perfectly legal to sell a ticket, but not let on a plane and be responsible for the purchase lies entirely with the passenger. These tickets cannot be exchanged, to receive compensation because of fault of the airline by law, no,” he said UBR.ua traveler and author of the blog How2go.info Alexey Kucher.

Flights canceled because of the quarantine

The main problem for airlines are now restrictions on the entry of Ukrainians in foreign countries, but rather, the unpredictability of these restrictions. Inconsistent and opaque policies of many governments on the entry of foreigners into their territory discourages many Ukrainians to travel anywhere.

“People are afraid not only to be infected with the coronavirus, how to be in forced quarantine in a foreign country or even to refusal of entry even in the presence of all necessary documents. The case of detainees in Greece Ukrainian passengers is quite remarkable,” said us Alex Barczewski.

The Minister has listed the countries that are open to the entry of Ukrainians

However, there are two countries, where Ukraine is now flying low-cost airlines, buy tickets safely and relatively cheap. This Turkey and Bulgaria.

“There are no entry restrictions for Ukrainians, and direct flights are from 24 euros”, – tells Alexey Kucher.

How to return the money

If the passenger is grounded in legal terms, is able to competently and clearly Express their thoughts and have the time and desire, it can independently and virtually free to seek compensation from the airline.

To do this, first make a written claim directly to the carrier, for example, through the web site.

If the airline makes a claim without attention or refuses to return the money – you need to write a complaint to the Ministry of transport. And most likely, lawyers say, the airline will be fined.

“Contact the Ministry of transport several times until, until the airline decides that it is cheaper to pay the passenger the money. If you still do not want to wait, or the airline does not pay fines and preparing for bankruptcy, there is a sense to address in court” – has noticed in conversation with UBR.ua Alex Barczewski.

The filing of a claim for passenger complaints, as well as on other claims for the protection of the rights of consumers, shall be exempt from payment of court fees.

Often the airline will agree to pay to the judgment. If not received at the hands of a judicial decision and enforcement document will have to arrest her account via a public or private contractor.

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If the Ministry of transport to delay the consideration of the complaint of the passenger, not the superfluous will write to the Prosecutor, suggest experts. If the claim is considered more quickly.

This may also include complaints of violations of consumer rights if the passengers can’t move the departure date to another date, as it happened with several clients one of the most popular low-cost airlines.

“If the possibility of postponement of the flight provided by the shipping rules, as in this case, it is a violation of the rights of passengers. And in this case, customers also can demand their money back. If a claim is not superfluous to mention the 127th article of the Air code, which in this case is violated the fines are much higher,” said the us expert on transportation issues, a member of the organization “Europetrol” Vyacheslav Konovalov.

A sample of complaints. Where to find and how to fill

Download sample complaint to the airline on the website of the European Commission. He comes first to those who know English.

This sample is quite suitable to the Ukrainians, which flight delayed, canceled or, say, if they refused to Board the plane. The sample application you can download, fill in and send directly to the airline.

Also attached a sample complaint to the Ministry of transport.

If you fill out a complaint in English is problematic on the websites of most carriers have online forms through which you submit the relevant claims. Definitely need the handling to specify not only the subject of the complaint, but also to discuss in detail what the passenger requires compensation.

You can also make the standard claim or contact an attorney. In any case, it is necessary to refer to paragraph 2, Chapter 2, section 15 of “Rules of air transportation and servicing of passengers and baggage”, approved by order of the Ministry of transport №1239 from 26.11.2018.

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Forced reimbursement

In case of flight cancellation lawyers strongly recommend passengers to submit a request to cancel a ticket like this asking for some carriers.

Instead, you must request a written confirmation and reasons for flight cancellation and application for refund of the full amount of the money spent, specifying that new date of flight does not satisfy the needs of the passenger.

Often airlines offer only to postpone the date of the flight, but the passengers have a right to enforce repayment.

According to aviawest Andrew Hooke, even if the carrier offers an alternative to the cancelled flight, the passenger is entitled to reject it and demand a refund.

Important caveat – in extreme circumstances, the carrier may cancel the flight without informing the passengers, it is therefore necessary to monitor all changes on departures.