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What to do if your flight is canceled: advice from a lawyer

Igor Shavrov, a well-known Ukrainian lawyer who manages the Shavrov and Partners law firm, tells the story.

Cancellation of flights is not as rare as it seems at first glance. The reasons may be different. If the flight was canceled shortly before departure, the weather conditions or technical malfunctions are most likely to blame. But it happens that the flight is canceled a few weeks before departure.

What to do in each specific case, says a well-known Ukrainian lawyer, manager of the Shavrov and Partners law firm, Igor Shavrov. 

There are two options for this situation: 

  1. The carrier warned about the cancellation of the flight 14 calendar days in advance. In this case, you should be compensated for the cost of the tickets during the week or offered to choose tickets for other dates at the expense of the purchased tickets
  2. The carrier warned about the cancellation of the flight less than 14 calendar days in advance. In this case, the traveler has the right to receive compensation of up to 600 euros depending on the distance. for a payment of €250 for flights with a length of up to 1,5 thousand km (for example, Kyiv — Riga); for a payment of €400 for flights with a length of 1,5 to 3,5 thousand km (for example, Kyiv — Barcelona); for a payment of €600 for flights with a length of at least 3,5 thousand km (for example, Kyiv — New York).

If you receive unpleasant news at the airport, you need to go to the information desk, where you should organize an alternative flight (with a transfer or another time) or get your money back.

You can also buy a ticket yourself, and then, together with the checks, contact the carrier responsible for the situation so that he compensates for the cost of new tickets. 

These rules apply to all types of flights. It should be remembered that if two tickets were issued (there and back), the carrier must refund the money or rebook the flight for both tickets. 

If the flight was delayed

The carrier must organize and provide accommodation and food for tourists, transfer to the hotel, if the flight is delayed for more than 24 hours. 

If the flight is delayed for no more than 5 hours, you may be offered compensation or ticket replacement. And if at the same time the class of your flight is lowered, then within 7 days the passenger is obliged to compensate the difference in class: 30% for flights with a distance of up to 1,5 thousand. km, 50% — that is, from 1,5 to 3,5 thousand. km, and 75% for longer flights.

If the flight is delayed for more than 2 hours, the passengers must be offered food and drinks and two phone calls. 

When they can't compensate 

At the same time, Igor Shavrov notes that, according to Ukrainian legislation, in some cases it is not worth counting on compensation. For example, if the flight is canceled or delayed due to bad weather, emergency or force majeure. True, such circumstances must be documented. Therefore, if the airline refers to such circumstances, feel free to demand their confirmation.

What if it was canceled due to the coronavirus? 

The set of actions is standard, but now airlines try to inform in advance about the cancellation of a flight to one or another country. In turn, countries also take such decisions with some margin of time. 

Some airlines have provided various mechanisms for obtaining compensation in similar situations, for example, promotional codes or accumulation of points. 

In any case, if the airline is silent and does not respond to your requests, feel free to contact the State Aviation Service, which acts as a regulator of this market. You can also use the services of services that deal with similar compensations. 

"Remember that any violation of your rights can be appealed in court, and you can demand compensation at any time within 3 years from the day of the violation," Igor Shavrov emphasized. 

Even more information and useful videos — on The Zakon YouTube channel.

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