What will give tourists and turbines Montreal Convention
Tourweek tourist portal.RU found out from Dmitry Gorina, tour operator general director «VipServis», What changes should be expecting to ours thanks to innovations.
We will remind, before in Russia, the norms of the Warsaw Convention of 1929. Montreal Convention 1999 «dictation» More modern rules. Airways of states who joined the Montreal Convention are more protected from a financial point of view from loss of baggage, cancellation and delays of flights. How to affect the norms of the Montreal Convention in the domestic air transport market?
On which flights are subject to the action of the Montreal Convention
The norms of the Convention concern only international flights and do not apply to domestic flights. In addition, the initial and end point of the route must be the countries that joined the Montreal Convention.
It is important to note that if the flight is carried out from Russia to a state that does not participate in the Montreal Convention, its norms do not work. True, they will work while simultaneously buying a return ticket (for example, from Moscow to Minsk, and back), since the end item of the route must be a member of the Convention. To date, about 130 states joined the Convention.
Do the standards of the convention of passengers of charter flights protect
The Montreal Convention does not distinguish regular and charter transportation, so its rules also apply to charter flights. Passengers of charters and regular flights possess the same rights, and the carriers performing each of the categories will be the same obligations to customers.
But do not forget about the specifics of charter transportation: as a rule, passengers receive route receipts, where the departure time is indicated, only on the eve of the flight. Therefore, the carrier can delay the flight, explaining it «flight transfer of flight departure».
Another feature of the charters is that sometimes (despite the fact that it violates the legislation) when flying away from air passengers in the hands there is only one-way ticket. Consequently, flight passengers Moscow – Bangkok without a return ticket in arms, do not fall under the norms of the Montreal Convention. Subsequently, they will receive a ticket from Bangkok to Moscow, at which the Montreal Convention will also not be distributed, since Thailand is not part of.
According to Dmitry Gorina, both regular and charter airlines will try to negotiate with the complaints by a passenger in pretrial order. To do this, they use all possible tools – will provide him with food, drink, accommodation or even a ticket for a flight of another carrier.
What compensation provides for the Montreal Convention
Thanks to the document, passengers of our airlines in the luggage luggage, the abolition or delay of the flight due to the fault of the airline will be able to require compensation that meet the global standards.
However, do not forget that if the airline could not fulfill its obligations due to force majeure, unsuitable for the flight of meteo conditions or security issues, compensation to air passengers are not paid.
What maximum compensation amounts
Unlike Warsaw, the Montreal Convention obliges every five years to index the compensation amounts. To date, the maximum compensations are as follows:
113 100 SDR (Special Rights of Borrowing – SPZ) (8.8 million rubles) – for the death of the passenger;
1131 SDR (88 thousand rubles) – for damage or loss of baggage of any weight;
19 SDR (1.5 thousand rubles) – for 1 kg of damaged or lost cargo;
4694 SDR (366 thousand rubles) – With a flight delay.
Cases in which you can count on maximum compensation
The Convention gives airlines the right to defend oneself from unfounded claims and defend its position in court, presenting evidence of innocence. Passengers will receive compensation only if their claims are justified.
As Dmitry Gorin notes, the idea that in the event of a delay of the flight of the airline will pay a passenger dinner in an expensive restaurant or buy him branded clothes while losing baggage, erroneously. Passengers must confirm all their costs checks.
As a rule, when the airline flight is delayed, you choose a simpler way – provide customer nutrition, drink, housing, reducing this way our own costs. In this case, the passenger is also entitled to demand compensation, guided by the norms of the Montreal Convention. But, most likely, the airline will not pay it voluntarily, and their rights will have to defend in court.
Appeal to the court does not guarantee the recovery of maximum compensation. In particular, as global practice shows, with luggage luggage, air passengers pay an average of $ 20 for each kilogram – That is, for a suitcase weighing 25 kg people will receive about 30 thousand rubles, and not 88. However, it is still much more than before.
In the contract that the airline concludes with passengers, it undertakes to provide transportation «within a reasonable time». Such a condition also strengthens the position of the carrier in court.
Will the increase in the amount of compensation for the rise in price of air tickets
Practice for quite a long time of the Convention shows that its ratification does not lead to a rise in price of air tickets.
Dmitry Gorin says that the airline will try to maximize the costs and at the same time fulfill their obligations to customers properly.
In particular, given the conditions of the Montreal Convention, the carriers are cost-effective to allow overbooking (sell tickets more than places on board) on the flight. our legislation prohibits this, but this practice is used both domestic and foreign airlines.
If the passengers did not have enough places, the airline pays him compensation (which now has become quite essential) and provides a ticket to another flight. It costs the carrier cheaper of court proceedings. Since on average 15% of passengers are not on the flight, in United States, this indicator is used for overbooking. Large market players have already tried to legalize overbooking in Russia – Perhaps in the coming years they will still succeed.
