Наталья Ключевская
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Она опубликована на официальном сайте Госдумы и включает ответы на распространенные вопросы путешественников, столкнувшихся с проблемой задержки или отмены авиарейса.
В частности, разъясняется, что в случае задержки авиарейса пассажир имеет право на получение от авиакомпании компенсации в размере 3% от стоимости авиабилета за каждый час ожидания. Также к выплате в качестве штрафа полагается сумма в размере 25% МРОТ (но не более 50% стоимости билета) за каждый час ожидания. Исключения предусмотрены для форс-мажорных обстоятельств (например, плохая погода), а также случаев устранения неисправности воздушного судна, угрожающей жизни или здоровью пассажиров, и иных обстоятельств, которые не зависят от перевозчика.
При внутренних воздушных перевозках указанную компенсацию можно получить, предъявив в течение полугода со дня задержки рейса претензию авиакомпании – это можно сделать как в аэропорту пункта отправления, так и в аэропорту пункта назначения. К претензии следует приложить копии документов, подтверждающих понесенные убытки: билетов с отметками о задержке или отмене вылета, посадочных талонов, чеков и квитанций, доказывающих несение дополнительных расходов и т. п. Если же в результате задержки рейса у пассажира сорвались заранее оплаченные экскурсии, он опоздал на поезд и др., то он дополнительно имеет право на получение компенсации морального вреда и возмещение убытков.
Также в памятке1 содержится перечень обязанностей перевозчика в случае задержки рейса. Речь идет о предусмотренных п. 99 Федеральных авиационных правил «Общие правила воздушных перевозок пассажиров, багажа, грузов и требования к обслуживанию пассажиров, грузоотправителей, грузополучателей» (утв. приказом Минтранса России от 28 июня 2007 г. № 82) обязанностях, включая организацию хранения багажа, предоставление комнат матери и ребенка пассажиру с ребенком до семи лет, двух телефонных звонков или двух сообщений по E-mail (при ожидании отправления рейса более двух часов), обеспечение прохладительными напитками (при задержке рейса более двух часов) и горячим питанием (при задержке более четырех часов), размещение в гостинице при ожидании отправления рейса более восьми часов – в дневное время и более шести часов – в ночное время и т. д.
Что касается последствий отказа пассажира от полета при задержке рейса, то в данном случае перевозчик обязан вернуть ему всю стоимость авиабилета, даже если он был невозвратным, так как такой отказ признается вынужденным. Также вернуть деньги за билет пассажиру обязаны при отмене авиарейса.
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1 С памяткой «Что делать, если ваш рейс задержали» можно ознакомиться на официальном сайте Госдумы.
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