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Review of the Decree of the Government of the Russian Federation on the procedure for amending and terminating an air carriage agreement

8 июля 2020
553

On July 6, 2020, the Government of the Russian Federation adopted Resolution No. 991 "On approval of the Regulations on the specifics of the execution of an agreement for the carriage of passengers by air, including on the carrier's right to unilaterally change the terms of such an agreement or refuse to execute it, as well as on the procedure and terms for refunding for the air carriage of the carriage charge in the event of the threat and (or) occurrence of individual emergencies, the introduction of a high alert or emergency situation throughout the territory of the Russian Federation or in part of it. "

The resolution regulates the procedure for unilateral amendment of the terms of the agreement or refusal from it in the event of a threat of emergency situations, the introduction of a high alert or emergency situation on the territory of the Russian Federation or in part of the territory. The Regulation applies to contracts that are to be executed from August 1, 2020 for international air carriage with China, and from March 18, 2020 - for all domestic and other international air carriage concluded before May 1, 2020.The provision does not apply to charter flights. flights.

The carrier has the right to unilaterally:

1) Change the terms of the contract in terms of date, time, route (changing a direct route to a route with a transfer or changing a destination to the one closest to the original destination);

2) Refuse to fulfill the contract, that is, cancel the flight and return the money to the passenger in one of the ways.

The passenger also has the right to unilaterally cancel the flight and get the money back in one of the ways.

The regulation provides for two ways to refund money for an air ticket in case of flight cancellation:

1. The carrier refunds the cost of the ticket after 3 years from the date of departure of the flight with accrued interest at the key rate of the Bank of Russia. Passenger, after 3 years from the date of departure of the flight, must submit an application on the carrier's website for a refund for the ticket. Moreover, certain categories of citizens (veterans of the Great Patriotic War, invalids of groups I, II, citizens with large families) can return their money before the expiration of 3 years. The carrier, within 10 calendar days from the date of receipt of the application for the refund of the ticket price, must return the money to the passenger's bank card with which the payment was made.

2. A passenger can use the cost of a paid ticket as a payment for another flight within 3 years from the date of departure of the canceled flight. The passenger can use part of the amount, as well as pay extra for a new ticket if the amount is insufficient. There should be no restrictions on the route and dates of departure, if the corresponding ticket is on sale. The passenger must send a notification on the carrier's website of his intention to use the payment for the ticket to pay for the services of another carriage, and the carrier must confirm the acceptance of this payment method in payment for the new ticket within 20 calendar days.

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