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Publication date: 27.04.2024
Lawyer with ten years of experience. I am engaged in drawing up contracts, writing claims and lawsuits, accompanying enforcement proceedings, drafting constituent documents for legal entities, dealing with state registration of legal entities and individual entrepreneurs. I also provide legal services in the areas of civil and commercial law.
Preface
In 2022, after the outbreak of war, planes stopped flying over Ukraine. Flights from Ukrainian airports to other countries were cancelled because of military action and the danger of air attacks. People who bought air tickets did not fly anywhere, but the money was paid. In such a situation, the question of refund of payment arises.
The realities of disputes between people and airlines show that the latter are in no hurry to refund the cost of tickets for flights that never took place. This practice violates the law and the rights of passengers.
This article will help you learn how to act correctly in a situation where a carrier must pay the cost of purchased tickets, but does not want to do so.
Section 1. What provides for the refund of payment for tickets
The organisation and performance of civil aviation flights are regulated by the Air Code and Aviation Rules of Ukraine. These documents stipulate that the airline renders a passenger a service of carriage on the basis of a contract. The moment of its conclusion is the purchase of an aeroplane ticket – both in paper and electronic form.
Baggage and transport receipts can also confirm the existence of the contract.
In general terms, a contract is an agreement between two parties: the passenger and the carrier. From the moment of its conclusion, mutual obligations arise between them: the airline must deliver the passenger to the point of destination together with the baggage belonging to him, and the latter – to pay for the service provided.
The contract of carriage provides for liability for its non-performance, improper performance. In case of breach of contract, the guilty party must:
1) pay compensation to the injured party.
2) return the full cost of the ticket and payment for the provision of related services (insurance, meals, transfer, etc.);
3) compensate for moral damage.
When departure for certain reasons does not occur (delayed) – this is a breach of contract on the part of the company. In such a case, according to the terms of the agreement with the passenger, he/she is entitled to a refund of the money paid for the purchase of the ticket and to additional payments.
Section 2. Peculiarities of receiving compensation
The cost of the ticket shall be refunded to the passenger if four conditions exist simultaneously:
1) refusal of carriage not of his own free will;
2) prior reservation of his/her seat on board the aircraft;
3) cancellation of the flight he was supposed to take by the carrier company;
4) his presence on the day of the planned departure to check-in for boarding.
Compensation is not limited to one refund of the ticket price. If the airline has reasons and grounds to expect that the flight will not take place and passengers will be denied boarding, it is obliged to offer them a monetary payment for the inconvenience caused.
The payment for the ticket is paid within seven calendar days (when this period starts to count down – will be written below). The money is refunded exclusively in hryvnia:
1) in cash;
2) by electronic transfer made through a bank (cashless payment);
3) by bank order/cheque.
In the presence of a separate written consent of the passenger, the cost of the ticket is paid to him/her in the form of traveller's cheques (this is the most frequently used payment document for settlements when travelling, mainly internationally).
When a company refuses to transport a passenger against his will, it is obliged to pay him compensation. The amount is calculated in euros and depends on the distance of the cancelled flight. For flights with a distance of 1500 kilometres or less, the amount is 250 euros; from 1500 to 3500 kilometres – 400; from 3500 kilometres and more – 600.
This payment is not available provided that the cancellation of the flight was caused by unforeseen circumstances that could not have been prevented and the airline can prove the occurrence of this fact. The war is classified as force majeure and it was its consequences that led to the closure of all airports and the cancellation of civil aviation flights.
The carriers could not have prevented this situation from occurring. Therefore, in this case they have grounds not to provide compensation, because they are not guilty of failing to fulfil their obligations to passengers.
Section 3. Prerequisites for receiving compensation
A passenger's entitlement to a monetary payment does not arise from the mere fact that carriage has been refused. The law and regulations set out the requirements under which the carrier becomes obliged to provide compensation. They consist of the following:
1) the passenger was not notified of the flight cancellation:
- two weeks before the expected departure;
- between 7 and 14 days prior to the scheduled departure time.
2) the airline did not offer to re-route the flight in such a way as to provide a deviation of one hour (from the time of departure from the point of departure) and four hours (from the time of arrival at the destination);
3) the passenger has a confirmed reservation for a particular flight and is present to check-in on the day and time specified in the air carrier's rules or at least 45 minutes before the aircraft departs from the airport;
5) delay/rescheduling of a booked flight to another date, regardless of the reason thereof.
Section 4. Turn in your ticket — get your money
According to the rule, the payment is not refunded before the cancellation of the contract concluded by the carrier with the passenger. And here an important condition is hidden: a person who wants to return the funds must first reveal the intention to terminate the agreement on carriage by aircraft. This can be done in two ways:
1. hand in the unused paper ticket to the very ticket office of the company where it was purchased;
2. inform the air carrier about the wish to refund the amount paid when purchasing the electronic ticket.
In case of impossibility to solve this issue at the ticket office, subdivision of the airline, the passenger has the right to apply to its head office for the same purpose.
Only after performing the described actions, the 7-day period provided for the payment of money starts counting down. This is the maximum term, it is not necessary to observe it completely, because the carrier has the opportunity to return the money and earlier.
If there are no financial obstacles, the company may issue the full amount of payment at the time of delivery of the ticket to the ticket office. The seven-day period is observed only in case of some unpredictable problems related to the availability of free funds.
The refund may require the submission of additional documents. In this case, the beginning of the specified period starts from the day of submission of all necessary information to the airline.
The cost of the ticket is refunded to the person who paid for it. If it is a person – the money will be transferred to his bank card or will be paid "in hand", in cash. When the purchaser is a legal entity, the payment will be made to a bank account opened by them.
Section 5. Written request for a refund: is it necessary or not?
Compensation for the cost of an unused ticket under the law does not necessarily require the passenger to submit an application for payment. However, there is a caveat: the airline has the right to develop its own rules of air transport, in which it is stipulated that the money for the ticket will be reimbursed only if the customer makes a request for it.
It is necessary to take this peculiarity into account and in each case to find out whether a particular company has introduced a separate procedure for refunding the payment.
If there is such a procedure, it is necessary to act in compliance with it. Do not expect that the airline will voluntarily fulfil the requirements of the law and give the money.
Therefore, it is necessary to draw up a demand. This document must comply with the content and form established for appeals of citizens. Its universal sample consists of:
1) a description of the circumstances and facts underlying it;
2) indication of information about the sender (surname, name, patronymic, residential address, telephone number, e-mail address and the recipient (name, registration address, contact information, identification code in the state register of legal entities);
3) references to the norms of the law justifying the applicant's position;
4) availability of the signature of the author of the document and the date of submission.
The request may be oral or written. It is better to submit it in writing, recommended letter with an inventory of attachments, and send it to the recipient by mail. Oral appeals sent using the so-called "hotline" are usually left unanswered and unresponsive by airlines, so this method is not effective.
The deadline for consideration of a claim is 30 calendar days. If this period has expired and the airline has not responded and has not returned the money, it is necessary to proceed to the next stage of solving the situation – to apply to the court with a claim for forced recovery of the cost of purchased but not used tickets.
At the same time, there are other measures to influence an unscrupulous air carrier, which are appropriate to use.
Section 6. Appealing against inaction of the carrier
The State Aviation Service of Ukraine controls compliance with the rules of air transport. Non-refund of money for the ticket is their violation.
This gives the opportunity to file a complaint against the airline, provided that a prior demand or claim for the return of payment has been made to it.
The complaint is a form of appeal of a citizen, so it must meet the requirements for its execution. It must be accompanied by evidence of the prior submission of a claim to the carrier.
The complaint is sent by post to the registered address of the airline. The shortest term of its consideration is 30 days, the longest – 45 days.
Section 7. Liability for violation of aviation regulations
Failure to refund the money spent on the purchase of a ticket is punishable by a fine imposed by the State Aviation Service. Its amount varies from UAH 671,000 to UAH 1,342,000.
Conclusion
Don't expect the airline to voluntarily refund your ticket if your flight doesn't take place. To get your money, you will have to file a written claim for a refund and file a lawsuit in court.
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